Assistance of States in the attendance and testimony of witnesses and production of documents


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

Obtaining Extradition, Transit, Delivery, Judicial Assistance, as well as Taking Over the Prosecution of a Case, Surveillance and Execution

Obtaining Judicial Assistance

Summoning Persons from Other States
ยง 72. (1) If the personal appearance of a person to be examined by a court proves to be necessary, the competent foreign court may request the service of a summons by way of the established channels of communication. The summons shall not contain threats of coercive measures for the event of non-compliance.

(2) The summoned person must not be prosecuted, punished or restricted in his/her personal liberty in Austria for an act committed before his/her entry into Austria. However, it shall be admissible to prosecute, punish and restrict personal liberty
1. for a punishable act that constitutes the subject of the summons for a person as a defendant,
2. if the summoned person remains on the territory of the Republic of Austria for more than fifteen days after the examination has been completed, although he/she was in a position and allowed to leave, or
3. if he/she returns at his/her own accord or is lawfully returned after leaving the territory of the Republic of Austria.

Rome Statute

Article 64 Functions and powers of the Trial Chamber

6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:

(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;