TITLE V
Taking Over the Prosecution of a Case and Surveillance; Execution of Foreign Criminal-Court Decisions

CHAPTER TWO
Taking over Surveillance Operations

Prerequisites
§ 61. Upon request by another State, the surveillance of a person shall be admissible, who was convicted by a foreign court with final and enforceable effect, when imposing a punishment has been deferred on condition, or when a punishment or preventive measure was suspended on probation, or when the person was released on condition from a custodial sentence or a preventive measure involving deprivation of liberty, provided that
1. the decision of the foreign court was taken in proceedings that complied with the principles set forth in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Federal Law Gazette No. 210/1958,
2. the conviction was for an act that is subject to a court punishment under Austrian law,
3. the conviction was not for one of the punishable acts listed in § 14 and § 15,
4. the convicted person is not prosecuted for the act in Austria, was not exempted from prosecution for convicted or acquitted with final and enforceable effect or otherwise it in Austria,
5. the convicted person has his/her domicile or place of residence is Austria.