Provision of records and documents - national proceedings

Austria

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

TITLE IV
Judicial Assistance to Foreign Countries

CHAPTER ONE
Requirements

Sending of Objects and Case Files
ยง 52. (1) Objects or case files may only be sent if it is ensured that they will be returned as soon as possible. The return of sent objects may be waived if these are no longer required.

(2) Objects to which the Republic of Austria or third parties hold a title may only be sent with the proviso that these rights remain unaffected. It shall not be admissible to send objects and case files if there is reason for concern that this would frustrate or render disproportionately complicated the prosecution or realization of these rights.

(3) Sending objects or case files should be deferred for as long as these are required for court or administrative proceedings pending in Austria.

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:

(i) The provision of records and documents, including official records and documents;