Fiches Belges

The general requirements for an EAW follow the Council Framework Decision. Under Austrian law, the issuing authority is the Public Prosecutor's Office. The respective order of the Public Prosecutor's Office has to be authorized by court. After indictementand for the purposes of the execution of a sentence, the EAW is issued by the competent regional court.

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

The public prosecutor conducts the surrender proceedings. The public prosecutor in whose district the person concerned has his/her domicile or residence has local jurisdiction. In the absence of such a location, the public prosecutor in whose district the person was apprehended has local jurisdiction. If the person concerned is kept in court confinement, the place of confinement determines local jurisdiction. If no specific public prosecutor can be determined when applying the present provisions, the public prosecutor’s office in Vienna has local jurisdiction.

The Republic of Austria accepts a European arrest warrant in any official language of those Member States which accept European arrest warrants in German issued by Austrian authorities.

Within 30 days as of the apprehension the court orders, by way of decision, whether the surrender of the person concerned is granted or refused, which decision shall be issued in writing.

Constitutional Provision: The execution of a European arrest warrant against an Austrian national by an Austrian judicial authority is only admissible under special conditions: The execution of a European arrest warrant against an Austrian national for acts that are subject to the jurisdiction of Austrian criminal laws is inadmissible (= ground for refusal of execution of the EAW Art 4 para 2 Council Framework Decision). Under national Austrian law, the Public Prosecutor's Office is obliged to prosecute any offence punishable under Austrian law - including those committed outside the Austrian territory. The execution of a European arrest warrant against an Austrian national for the enforcement of a custodial sentence or a preventive measure involving deprivation of liberty is inadmissible. If an Austrian judicial authority is requested to execute such an arrest warrant, the sentence or measure imposed by the issuing State shall be enforced in Austria without separate application by the issuing judicial authority. In such case, the Austrian authorities automatically initiate the proceedings necessary to take over the enforcement of the sentence. Pursuant to Article 32 of the framework decision on the European arrest warrant and the surrender procedures between Member States, Austria states that as executing Member State it will continue to deal with requests relating to punishable acts (partly) committed before the date of entry into force of the framework decision (date before 7th August 2002) in accordance with the extradition system applicable before that date. In such cases, a formal extradition request is required.