TITLE II
Extradition from Austria
CHAPTER TWO
Jurisdiction and Procedure
Detention Pending Extradition
§ 29. (6) The person concerned shall be released in any event if he/she has already spent one year in detention pending extradition, without the Federal Minister of Justice granting or refusing extradition (§ 34). The period of detention pending extradition may only be maintained for more than six months if this is unavoidable due to the specific difficulties or the special scope of the proceedings, and if the punishable act underlying the extradition is a crime (§ 17 of the Criminal Law Code).
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.