Fiches Belges

The transit of a person through the territory of the Republic of Austria to a Member State shall be granted on the basis of a previously filed request. Such a request shall contain the following information: 1. identity and nationality of the person concerned, 2. the existence of a European arrest warrant or a request for extradition, 3. the type and legal classification of the offence, 4. a description of the circumstances at which the offence was committed, including the time of the act and the place of the offence

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union; otherwise Convention on Mutual Legal Assistance between Member States of the European Union (29.05.2000)

Federal Minister of Justice, in agreement with the Federal Minister of the Interior Postal address: Federal Ministry of Justice, Museumstrasse 7, 1070 Vienna E-mail: team.s@bmj.gv.at

German, English, French and - in case of reciprocity, if the requesting state would accept a request in German language - also the language of the requesting state.

None (requests in urgent cases shall be marked as urgent).

Dual criminality must be established except for list offences. No permission shall be required for a transit, if the air route is to be used and a stop-over on the territory of the Republic of Austria is not planned. In the case of a non-scheduled stop-over, transit shall be granted on the basis of a request to be issued by the issuing State. The transit of Austrian nationals for the purpose of enforcing a custodial sentence or preventive measure involving deprivation of liberty shall be inadmissible. The transit of Austrian nationals shall always take place on the condition that the Austrian national is returned to Austria after having been granted to be heard in court on the enforcement of a custodial sentence or preventive measure involving deprivation of liberty, issued by a court of the issuing State.