Extradition is carried out on the basis of international agreements between the countries in compliance with the rule of "double criminality". It means that the extradition is carried out on those crimes which are such both in one or in another country - to a party to the contract. A specific list of crimes or their classification depending on any signs (the severity of the offense, the severity of punishment, etc.) as usually is specified directly in the agreement between certain member countries of international relations. Also, such an agreement includes options to refuse from extradition and the reasons for such refusal. In addition to the extradition based in the legal act, it also can be carried out between the countries not connected by the similar agreement, on demand. In this case, however, the extradition shall not be an obligation but the right of the state.
LEGAL BASIS
As a rule, the citizen is extradited on the basis of the agreement signed between the states. It may be an ordinary agreement or a convention. Two states are members of such convention. Certainly, the lack of such an agreement does not deprive the country of the right to make a request for extradition of a criminal or suspect, but the extradition is to be preconditioned by the laws of the party to whom the request has been made. In addition, the extradition in Austria is regulated in the Extradition and Legal Assistance Law. Despite the fact that the extradition in Austria traditionally refers to the area of criminal law and procedure, the extradition proceedings are different and have the signs of international law. Given the specific nature of this area, it is necessary to contact the skilled experts possessing all the intricacies of this matter.
MODERN TENDENCIES
The current law provides for mitigation of the extradition procedure. The terms of "dual jurisdiction" are being simplified; the number of grounds for refusal from extradition is being reduced. The European Union for the years of its existence has achieved commendable results, and the peak of its achievements in the legal field consisted in the creation of a "European arrest warrant". This order allows extradition of the criminal to the justice of the State that made the request without any specific verifications of the criminal.