TITLE II
Extradition from Austria

CHAPTER TWO
Jurisdiction and Procedure

Local Jurisdiction and Jurisdiction over the Subject Matter
§ 26. (1) The public prosecutor shall conduct the extradition proceedings, applying the provisions of Part 1 and 2 of the Code of Criminal Procedure in analogy. The public prosecutor in whose district the person concerned has his/her domicile or residence shall have local jurisdiction. In the absence of such a location, the public prosecutor shall have local jurisdiction in whose district the person was apprehended. If the person concerned is kept in court confinement, the place of confinement shall determine local jurisdiction. If no specific public prosecutor can be determined when applying the present provisions, the public prosecutor’s office in Vienna shall have local jurisdiction.

(2) The court decisions in extradition proceedings shall be taken by a single judge of the regional court (§ 31 (1) of the Code of Criminal Procedure) where the public prosecutor’s office is located that conducts the extradition proceedings.

(3) The provisions of paragraphs (1) and (2) shall also apply to the surrender of objects in connection with an extradition (extradition of objects).. The public prosecutor in whose district the object to be surrendered is located shall have jurisdiction over the examination of a separate request for the surrender of objects.