Vorbehalte und Erklärungen für Vertrag Nr.024 - Europäisches Auslieferungsübereinkommen

Art der Erklärung : Erklärungen, Kündigungen, Abweichungen
Datum 20/10/2017

Österreich

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

Austria will grant extradition also under the conditions mentioned in Article 2, paragraph 2.
In Kraft: 19/08/1969 -
Artikel betroffen : 2

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

Austria will regard the time of surrender of the person claimed as decisive for the determination of nationality.
In Kraft: 19/08/1969 -
Artikel betroffen : 6

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

Austria will only grant extradition of a person for an offence which, according to Austrian law, is under Austrian jurisdiction, in so far as that person will be extradited for another offence and as the condemnation of that person by the judicial authorities of the requesting State for all offences is in the interest of ascertaining the truth or useful by reason of fixing of the penalty and execution of the sentence.
In Kraft: 19/08/1969 -
Artikel betroffen : 7

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

Austria will grant extradition if the person claimed was acquitted only for lack of Austrian jurisdiction, or if, only for this reason, criminal proceedings against this person have not been instituted or if instituted criminal proceedings were terminated.
In Kraft: 19/08/1969 -
Artikel betroffen : 9

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

In case of a request for provisional arrest Austria also requires a short statement of the facts the person claimed is charged with.
In Kraft: 19/08/1969 -
Artikel betroffen : 16

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

In any case Austria will refuse transit of Austrian nationals.
In Kraft: 19/08/1969 -
Artikel betroffen : 21

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

Austria will also refuse transit because of fiscal offences in the sense of Article 5 and because of the offences mentioned in the reservation to Article 5. Transit for offences punishable, under the law of the requesting Party, by death or by a sentence incompatible with the requirements of humanity and human dignity, will be granted under the conditions governing the extradition for such offences.
In Kraft: 19/08/1969 - 17/04/1985
Artikel betroffen : 21

Declaration contained in a letter from the Permanent Representative of Austria, dated 16 April 1985, registered at the Secretariat General on 17 April 1985 - Or. Engl.

The declaration submitted by the Republic of Austria with regard to Article 21 (5) of the European Convention on Extradition of 13 December 1957, is herewith restricted to the extent that the first sentence is to be deleted.

By consequence of this restriction, this declaration shall read henceforth as follows :

"Transit for offences punishable, under the law of the requesting Party, by death or by a sentence incompatible with the requirements of humanity and human dignity, will be granted under the conditions governing the extradition for such offences."
In Kraft: 17/04/1985 -
Artikel betroffen : 21

Declaration contained in a Note verbale from the Permanent Representation of Austria, dated 18 March 2005, registered at the Secretariat General on 18 March 2005 - Or. Engl.

In accordance with Article 28, paragraph 3, of the Convention, Austria notifies that from 1 May 2004 it will apply the national legislation implementing the European Union Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) in relation to Contracting Parties which are Member States of the European Union and which already applied the EU Framework Decision on 1 May 2004, except requests relating to punishable acts committed partly or as a whole before 7 August 2002.
In Kraft: 18/03/2005 -
Artikel betroffen : 28


Quelle : Vertragsbüro auf http://conventions.coe.int - * Disclaimer.