TITLE II
Extradition from Austria

CHAPTER TWO
Jurisdiction and Procedure

Surrender
§ 36. (1) The court shall arrange for the performance of the extradition. If the person to be extradited is at liberty, the court shall order his/her arrest upon application by the public prosecutor, if the performance of the extradition cannot be ensured otherwise. The person to be extradited shall be transferred to the relevant border crossing or to any other agreed place of surrender by court prison guards. The personal belongings, which were held in safekeeping, shall also be surrendered, unless the person to be extradited has disposed of them otherwise.

(2) The surrender of a juvenile may also be performed by surrendering the juvenile to the person responsible for the juvenile’s education or a person designated by the latter, if there are no opposing extradition purposes.

(3) A juvenile whose extradition may be expected to be granted, may already be surrendered before a decision has been taken on the extradition request, if this appears to be necessary in order to spare him the drawbacks of prolonged extradition proceedings and if compliance with the specialty rule is ensured. The Federal Minister of Justice shall decide on an early surrender.

Part 1
General Provisions

7. Surrender of Austrian nationals
(Constitutional provision) Nothing precludes the surrender of Austrian nationals to the International Criminal Court (paragraphs 24 to 28 below) or their transit or transport (paragraph 31 below) or surrender to another State for the enforcement of a sentence passed by the International Criminal Court.

Part 1
General Provisions

12. Free passage
1. Persons summoned by the International Criminal Court from a foreign country to appear before the Court or persons whose presence is required at the seat of the Court shall for such purposes have a right of free passage through Austria, where they may not be prosecuted or punished or detained on account of any act engaged in prior to their entry.
2. Prosecution, punishment or detention on account of an act engaged in prior to entry is admissible if the person summoned overstays the time required for transit through Austria and could actually have left the territory.
3. No safe passage shall be granted where the International Criminal Court requests the arrest of the person summoned (paragraphs 24 to 26 below).

Part 2
Specific provisions

Section 4
Custody pending surrender, surrender and transit

31. Transit and transport

1. At the request of the International Criminal Court, persons may be transported through Austria and held in custody to secure such transit.
2. There is no need to apply for authorisation where the person is conveyed by air and no landing is scheduled on Austria territory.
3. In the event of an unscheduled landing, the person in transit shall be arrested, and the International Criminal Court shall be requested to transmit a request for transit together with the documents referred to in article 89(3)(b) of the Statute.
4. The person in transit shall be released if the request for transit has not been received within 96 hours. Such release shall not preclude a renewed arrest on the basis of a request pursuant to paragraph 24(1) or 26(1) above.
5. The decision on transit shall be taken by the Federal Minister of Justice with the consent of the Federal Minister of the Interior. Such transit shall be approved unless it would impede or delay surrender. A domestic conviction for a criminal offence not within the jurisdiction of the International Criminal Court shall not prevent transit. The authorisation of transit is not open to appeal.
6. Paragraphs 1, 2, 3 and 5 shall apply at the request of the International Criminal Court or of a State that has agreed to enforce a sentence passed by the Court for the transit of persons through the territory of the Republic of Austria on the understanding that the International Criminal Court shall be requested to transmit a request for transit together with a copy of the enforceable judgement in the event of an unscheduled landing.