TITLE II
Extradition from Austria

Chapter ONE
Admissibility of Extradition

Prohibition to Extradite Austrian Citizens
§ 12. (2) Paragraph (1) shall not prevent the return of an Austrian citizen who a foreign authority has surrendered to the Austrian authorities only temporarily for the purpose of performing specific procedural steps or in connection with providing of judicial assistance.

TITLE IV
Judicial Assistance to Foreign Countries

CHAPTER ONE
Requirements

Transferring Detained Persons for the Evidence Purposes
§ 54. (1) Upon a request by a foreign authority, a person who is being kept in pre-trial detention or punitive detention or who is being kept detained for the execution of measures, may be transferred to a foreign country in order to perform important investigative measures or evidence-taking, especially for the purposes of examining or confronting him/her, if
1. the person agrees to this transfer,
2. his/her presence is not required for criminal proceedings pending in Austria
3. his/her detention is not prolonged on account of the transfer, and
4. the requesting State ensures to keep him/her in custody, to return him/her without delay after the investigative measure or evidence-taking has been completed, as well as not to prosecute or punish him/her for an act committed prior to the transfer.

(2) A transfer shall not interrupt the serving of pre-trial or punitive detention or the execution of a preventive measure.

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. (3) If a person who is allowed to attend an act of judicial assistance is being detained in the foreign country, he/she may be taken over at the request of the other State if the detention is based on a conviction by a competent court, or if there is a reason for detention that is also recognized under Austrian law. The transferred person shall be kept detained in Austria and be returned without delay after of the act of judicial assistance has been completed.

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. (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.

Transfer of Detained Persons for Evidence Purposes
§ 73. (1) A person kept in custody in a foreign country may be transferred to Austria in order to perform important investigative measures or to take evidence, in particular for the purpose of their examination or confrontation. The provisions of § 59 (2) and (3) shall be applied in analogy.

(2) If a person kept in pre-trial or punitive detention in Austria is to be transferred to a foreign country for the purpose of achieving an important investigative act, in particular an examination or confrontation, § 54 shall be applied in analogy. The consent of the person to be transferred (§ 54 (1) item 1) shall, however, not be required.