Location of items - national proceedings


Austria - Extradition and Mutual Assistance (EN/DE) 1979 (2020)

Extradition from Austria

Chapter ONE
Admissibility of Extradition

Surrender of Objects
ยง 25. (1) In connection with an extradition, it shall be admissible to surrender objects that may be used as evidence or which the person to be extradited has obtained from the punishable act or from realizing objects originating from said act.

(2) If an extradition cannot be granted that would be admissible pursuant to the provisions of this federal law, because the person to be extradited has absconded or is deceased or could not be apprehended in Austria, objects may nevertheless be surrendered on the basis of a request for extradition or a separate request.

(3) The surrender of objects for the purposes of evidence may be granted with the proviso that these objects will be returned immediately on request.

(4) Surrender shall be inadmissible in any event if there is reason to suspect that it would frustrate or disproportionately complicate prosecution or the exercise of rights of third parties.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;