TITLE IV
Judicial Assistance to Foreign Countries
CHAPTER ONE
Requirements
Summons
§ 53. (1) A request to appear before a foreign authority may only be served upon a person staying in Austria if it is ensured that the person will not be prosecuted, punished or restricted in his/her personal liberty for an act committed before leaving the Republic of Austria. It shall be admissible, though, to prosecute, punish or restrict personal liberty
1. in connection with a punishable act that is the subject of the summons of a person as a defendant,
2. if, after the examination has been completed, the person summoned remains on the territory of the requesting State for more than fifteen days, although the person was in a position and allowed to leave it, or
3. if, after leaving the territory of the requesting State, the person returns there at his/her own accord, or is lawfully returned there.
(2) Summonses that contain threats of coercive measures in the event of non compliance may only be served with the instruction that the threatened measures cannot be executed in Austria.
TITLE IV
Judicial Assistance to Foreign Countries
CHAPTER TWO
Competences and Procedure
Admitting Foreign Agencies and Persons Involved in the Proceedings to Acts of Judicial Assistance
§ 59. (2) Persons who were allowed to attend acts of judicial assistance pursuant to paragraph (1) must not be prosecuted, punished or restricted in their personal liberty during their stay in Austria for an act committed prior to their entry to Austria. It shall, however, be admissible to prosecute, punish or restrict the personal liberty of such persons
1. if the person admitted to attend the act of judicial assistance remains on the territory of the Republic of Austria for more than fifteen days after the act of judicial assistance has been completed, although he/she was in a position and allowed to leave it, or
2. if, after leaving the territory of the Republic of Austria, he/she return at his/her own accord, or is lawfully returned.
TITLE VI
Obtaining Extradition, Transit, Delivery, Judicial Assistance, as well as Taking Over the Prosecution of a Case, Surveillance and Execution
CHAPTER TWO
Obtaining Judicial Assistance
Summoning Persons from Other States
§ 72. (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.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.