Part 2
Specific provisions
Section 4
Custody pending surrender, surrender and transit
23. Offer of surrender
1. Provided there are sufficient grounds to suspect a person thought to be in Austria of a crime within the jurisdiction of the International Criminal Court, and the conditions in paragraph 5(2) above do not apply, after the person has been questioned by the investigating judge, the public prosecutor shall apply to the judge for a report outlining the facts of the case to be submitted to the Federal Ministry of Justice.
2. The Federal Ministry of Justice shall enquire whether the International Criminal Court requires the person to be surrendered. If the accused person is in custody, an appropriate deadline will be set for receipt of the request for surrender. Should the latter not arrive in time, the investigating judge should be informed promptly thereof.
3. The above is without prejudice to the provisions concerning the offer of surrender to the State in which the crime was committed pursuant to paragraph 28(1) of the law on extradition and judicial assistance (ARHG).
Arrest for ICC proceedings - national procedures
Surrender - procedures
EDIT.