Extradition, the handing over of a person to a foreign country at its request for criminal prosecution, in Austria requires the decision of the Higher Provincial Court (Oberlandesgericht) and permission from the Federal Ministry of Justice. The legal bases of extradition are found in the Auslieferungs- und Rechtshilfegesetz (Law on Extradition and Judicial Assistance) as well as international agreements. Austrians are generally not extradited, nor are people who are threatened by the death penalty or racist, religious, or political persecution in the country requesting extradition, or when the foreign country's criminal trial procedure does not conform to the European Convention on Human Rights.
Further reading#R. Linke, Grundriss des Auslieferungsrechts, 1983.