Extradition Lawyer in Innsbruck: Landesgericht Innsbruck and the Local Procedure
Whether an extradition file belongs in Innsbruck depends on territorial venue, not simply on where the person was stopped: under ARHG § 26, the place of judicial custody controls when the person is in judicial detention; otherwise residence or stay controls, or, if neither exists, the place of apprehension. If Staatsanwaltschaft Innsbruck has venue, § 26(2) assigns judicial decisions to the single judge of Landesgericht Innsbruck. In conventional extradition the judge decides admissibility and the Federal Minister of Justice makes a separate decision; for a European Arrest Warrant (EAW), the court decides surrender under the EU-JZG.
Which Innsbruck authorities handle the file?
ARHG § 26 also provides that Staatsanwaltschaft Wien is competent if none of those criteria identifies a prosecutor. Judicial decisions are made by the single judge of the Landesgericht at the seat of the competent prosecutor. An arrest at Innsbruck Airport alone therefore does not establish that Landesgericht Innsbruck has venue: check the authority and case number on the latest order, especially if the person is already in judicial custody elsewhere.
| Institution | Role in the local procedure | Local details |
|---|---|---|
| Staatsanwaltschaft Innsbruck | Conducts the ARHG file when § 26 assigns venue to its district. | Official directory listing: Maximilianstraße 4, 6020 Innsbruck; confirm current details before attending. |
| Landesgericht Innsbruck | Where Staatsanwaltschaft Innsbruck has venue, the single judge decides ARHG admissibility; the court decides EAW surrender under EU-JZG. | Official directory listing: Maximilianstraße 4, 6020 Innsbruck; verify case assignment from the order. |
| Oberlandesgericht Innsbruck | Hears complaints from the Landesgericht under the applicable ARHG/EU-JZG procedure. | Appeal court for cases routed through Landesgericht Innsbruck. |
| Justizanstalt Innsbruck | A possible local detention facility; confirm the actual location for the individual. | Völser Straße 63, 6010 Innsbruck; confirm actual custody and current visitor rules. |
| Flughafen Innsbruck | A possible point of apprehension; it does not decide extradition. | Fürstenweg 180, 6020 Innsbruck. |
Current official directory listings give the prosecutor and court address as Maximilianstraße 4, 6020 Innsbruck; confirm the details before attending. When contacting either office, quote the case number and authority shown on the latest order. Neither the airport nor the prison decides the merits.
What should be checked after arrest?
This is a practical action plan, not a statutory deadline for deciding extradition. The 48-hour periods below concern custody steps, not the final extradition decision.
| When | What should happen or be checked | What the person or family can do |
|---|---|---|
| Immediately after arrest | Identify the document: ARHG request, EAW, domestic warrant or INTERPOL alert. A Red Notice is not itself an international arrest warrant or final extradition decision. | Obtain the arrest record, case number and detention basis; record the arrest time. |
| Within 48 hours of arrest | StPO § 172 requires delivery to a detention facility within 48 hours of arrest, subject to exceptions; ARHG § 29 applies remand rules by analogy. | Tell counsel the arrest time and destination; this is not the deadline for deciding extradition. |
| Within 48 hours after admission to the facility | StPO § 174 requires prompt questioning and a detention decision within 48 hours after admission, as applied through ARHG § 29. | Prepare identity, address, family/work ties and relevant health information; counsel can assess less restrictive measures. |
| At the extradition questioning or hearing | ARHG § 31 requires questioning about the request; if detained, admissibility is heard within the detention hearing with defence counsel. | Request an interpreter and papers; flag urgent evidence about identity, a prior final judgment or a specific legal obstacle. |
| Before signing any consent | ARHG § 32 provides a simplified extradition route. Consent must be recorded by the court and cannot be withdrawn; the court must explain that the person loses the ordinary speciality protection that would otherwise limit prosecution or punishment for other matters. | Do not treat consent to simplified extradition as a mere waiver of a hearing. Obtain legal advice first, especially where more than one requesting state or more than one allegation is involved. |
For a person who does not speak or understand the language of the proceedings, StPO § 56 provides a right to interpreting assistance and, where necessary for defence rights and a fair trial, written translation of essential documents. Tell the court and counsel which language the person actually understands; a relative’s informal translation is not a substitute for an interpreter at a hearing.
Does the Innsbruck judge make the final extradition decision?
For a conventional ARHG request, the Landesgericht examines the papers and legal obstacles, including treaty requirements and constitutional rights (§ 33). It does not retry the foreign case; suspicion is examined only where substantial doubts arise.
If extradition is finally declared inadmissible, the Minister must refuse it. If it is declared admissible and the order becomes final, the file normally goes to the Federal Minister of Justice for a separate decision under § 34. Admissibility is therefore not an immediate transfer order.
Under EU-JZG § 21, the court itself decides EAW surrender; there is no separate ministerial stage. Do not label every European request an EAW: some non-EU states use separate transfer instruments.
For non-EU requests, ARHG § 1 gives priority to applicable international agreements. The treaty and any special transfer instrument must be checked against the requesting state and the individual request; the Austria-wide guide linked below covers the national framework.
Which appeal deadlines apply in Innsbruck?
Under ARHG § 31(6), effective 1 November 2025, if the admissibility order is pronounced orally, the person or prosecutor must announce a complaint within three days; detailed grounds may follow within fourteen days after service of the written order. The complaint has suspensive effect. Record both trigger dates.
| Procedure | Time limit and trigger | Where it goes |
|---|---|---|
| ARHG admissibility order pronounced orally | Announce the complaint within 3 days of oral pronouncement; provide the detailed grounds within 14 days after service of the written order. | Oberlandesgericht Innsbruck. |
| EAW surrender decision | The first-instance decision is due within 30 days after arrest. A final decision is due within 60 days after arrest. If special difficulties prevent that, the issuing authority must be informed before the 60-day period expires; the period then extends by 30 days. | A complaint from the first-instance decision goes to Oberlandesgericht Innsbruck under the applicable ARHG procedure. In an EAW transfer/detention decision, OLG Innsbruck has held that no further remedy under the StPO lies against its decision; see 11 Bs 8/26b (3 February 2026). Check the actual order immediately for any distinct constitutional or human-rights route and deadline. |
| Extradition detention | ARHG § 29 applies pre-trial detention rules by analogy. Detention beyond 6 months is permitted only where unavoidable because of special difficulty or scope and the alleged offence qualifies as a Verbrechen under § 17 of the Austrian Criminal Code; release is mandatory if one year passes without the Minister of Justice approving or refusing extradition. | Challenge the actual detention order through the applicable custody-review route; do not assume that a complaint about detention automatically reopens the merits decision on extradition. |
In OLG Innsbruck, 11 Bs 8/26b (3 February 2026), the court stated that no further remedy under the StPO lay against its decision, citing EU-JZG § 18(2), ARHG § 29(1), EU-JZG § 21(1), ARHG § 31(6) and StPO § 89(6). The case came through Landesgericht Feldkirch, not Innsbruck, so it confirms the appellate-route point in an EAW transfer/detention case but does not establish first-instance venue for an Innsbruck arrest. Counsel should still check immediately whether a distinct constitutional or human-rights route and deadline applies to the actual order.
Where might the person be held, and how can family visit?
Justizanstalt Innsbruck at Völser Straße 63 is one possible facility; confirm the actual place of detention before travelling. Its official visitor information currently says visits must be booked online, visitors must present a valid physical official photo ID, and a remand prisoner also needs a permit from the competent prosecutor or court. Digital IDs are not accepted; confirm the current rules before travelling.
Published hours are Monday–Thursday 07:30–14:30, with an additional Thursday period 15:00–19:00; online registration is required for Thursday afternoons from 1 June 2026. Friday hours are for authorities, care institutions and legal representatives; family visits are unavailable Fridays, weekends and public holidays. Visits are limited to one per day for up to 30 minutes. Recheck the official page before travelling.
A visit permit does not give access to the case file. Ask counsel to arrange confidential legal contact.
What should the family or foreign lawyer prepare?
- Full name, date of birth, nationality, passport details and spelling variants used in the foreign file.
- Arrest time and location, police unit if known, current detention facility, and case numbers/dates on court or prosecutor papers.
- The actual request, EAW or alert and any official translation; distinguish an INTERPOL alert from a formal request.
- Earlier decisions on the same conduct, identity/residence records and relevant medical or family evidence.
- A chronology of the foreign proceedings and deadlines, including oral pronouncement and service dates.
- The language understood by the detained person and interpreter status.
Send evidence, not just conclusions. Detailed refusal grounds are covered in the Austria-wide guide on challenging extradition; the full process is in the guide to extradition from Austria.
What is specific to an airport arrest in Innsbruck?
Innsbruck Airport is at Fürstenweg 180. Under ARHG § 26, the place of apprehension can determine venue if no residence or stay establishes venue; if the person is in judicial custody, the place of custody controls. A border alert does not itself identify the procedure.
Hypothetical example: a traveller is stopped at Innsbruck Airport after an alert. First establish whether the document is an EAW, an ARHG provisional-arrest request or only an INTERPOL notice. If the person is not in judicial custody and no residence/stay venue applies, the place of apprehension may point to Staatsanwaltschaft Innsbruck; if the person is in judicial custody elsewhere, the custody location controls venue. Check the actual order and case number. Classification determines the decision-maker and the relevant deadlines.
An EAW is a surrender mechanism between EU Member States, not a synonym for every request. See extradition versus EAW surrender. For an alert alone, see how to check an INTERPOL Red Notice; removing it does not decide the court case.
Questions about extradition procedure in Innsbruck
Does every arrest at Innsbruck Airport go to Landesgericht Innsbruck?
No. Under ARHG § 26, if the person is in judicial custody, the place of custody determines venue; otherwise residence or stay controls, and if neither exists the place of apprehension is used. Confirm the competent prosecutor and court from the latest order; an airport stop alone does not settle it.
Does an admissibility decision mean immediate extradition?
Not in the conventional ARHG route. The court’s admissibility decision and the Federal Minister of Justice’s approval or refusal are separate stages. An EAW instead has a direct judicial surrender decision under the EU-JZG.
Can a family member visit someone held at Justizanstalt Innsbruck?
Only if the facility’s current booking and entry rules are met. A person in remand custody also needs a visit permit from the competent prosecutor or court, and visitors must present a valid physical official photo ID.
Official sources and decisions
- Austria, ARHG — current consolidated law, especially §§ 26, 29–34.
- Austria, EU-JZG — current consolidated law, especially §§ 18–21.
- Austria, Code of Criminal Procedure (StPO), especially §§ 56, 172 and 174.
- Landesgericht Innsbruck — official jurisdiction information.
- Staatsanwaltschaft Innsbruck — official jurisdiction information.
- Justizanstalt Innsbruck — visitor rules and permits.
- Flughafen Innsbruck — official location.
- OLG Innsbruck, 11 Bs 8/26b, 3 February 2026 (EAW transfer/detention; no further remedy under the StPO).
- INTERPOL — Red Notices: legal effect and limits.
- INTERPOL — Red Notices: legal effect and limits.
For a case-specific review of the documents and next procedural step, the site’s team can coordinate cross-border defence with local counsel. Request a consultation.