Extradition Lawyer in Vienna: Landesgericht für Strafsachen Wien and the Local Procedure

Which Vienna court and prosecutor handle the case?

Section 26 of the Austrian Extradition and Mutual Assistance Act (Auslieferungs- und Rechtshilfegesetz, ARHG) sets the venue sequence. The competent prosecutor is generally in the district where the person lives or stays. If there is no such place, the place where the person was found matters; if the person is in judicial custody, the place of custody determines venue. Staatsanwaltschaft Wien is the fallback only when those rules identify no particular prosecutor. Under section 26(2), judicial decisions are made by the single judge of the Landesgericht at the seat of the prosecutor conducting the case.

Thus, Landesgericht für Strafsachen Wien is the local court when the rules point to Vienna, not for every arrest in the wider metropolitan area. In ordinary ARHG extradition, the federal Ministry of Justice makes a separate authorisation decision after the judicial stage and any complaint.

Does an arrest at Vienna Airport belong to the Vienna court?

Not automatically. Vienna Airport is in Schwechat, Lower Austria. Its name does not determine jurisdiction: residence or stay, place of apprehension and, where applicable, place of judicial custody govern. An airport arrest may therefore belong outside Vienna.

Ask for the prosecutor, court, file number and legal basis for detention. An Interpol Red Notice, national warrant, provisional extradition-arrest request and European Arrest Warrant (EAW) are different instruments. An EAW follows the EU-JZG; ordinary extradition normally follows the ARHG and the applicable treaty. Have counsel identify the route first.

What should happen in the first 72 hours?

This is a practical plan, not a statutory 72-hour hearing deadline; timing depends on the arrest basis, documents, custody decision and court schedule.

Section 31 ARHG requires the person to be heard. A public oral hearing is required if the person or prosecutor requests one, or the court considers it necessary. For a person in extradition custody, the admissibility hearing takes place within a custody hearing, with defence counsel present. The court may find extradition inadmissible without an oral hearing only after the person, counsel and prosecutor have had an opportunity to comment. These rights do not guarantee release or a fixed date.

Which deadlines matter in Vienna?

Use the actual announcement and service dates, not the date a relative first heard about the case.

Two decisions make deadline discipline especially important. In OGH 14 Os 85/25v (7 October 2025), Austria’s Supreme Court held that the 14-day period for elaborating a complaint against a court order cannot be extended by analogy to a rule for certain appeals against judgments. In OLG Wien 22 Bs 364/24a (6 March 2026), the Vienna Higher Regional Court refused the prosecutor’s reinstatement request and dismissed its complaint as inadmissible in the circumstances before it. That was a prosecution appeal after extradition to the United States had been found inadmissible, not a blanket ruling on every late filing. Do not rely on an extension request; file a clear complaint within the applicable period and calculate both triggers.

Where might the person be held, and how can family arrange access?

A published Vienna extradition decision records a detainee taken to Justizanstalt Wien-Josefstadt on the day of arrest, but placement is not automatic. Confirm the facility before travelling. Official visitor information says remand visits require advance permission from the responsible prosecutor or court division. Since 23 February 2026, entry is via Wickenburggasse 18–20, 1080 Vienna; the service centre for information and visit permits is reached via Alser Straße 7. The page announces that from November 2026 Sunday visits cease and evening visits move to Thursdays from 15:30 to 19:00, except public holidays, by prior online booking. It states that remand detainees generally have two 30-minute visits per week, with days set by the responsible case division; first visits are not available in the evening slots. Fingerprint collection is required for entry, and visitors must arrive at least 30 minutes before the agreed appointment. These arrangements may change; verify the current rules and permission before travel.

A relative abroad should send one packet with the detainee’s full name and date of birth, case or prisoner number, court and prosecutor, family contacts and urgent needs. Ask counsel whether to seek a visit permit, lawyer meeting, call or document delivery; do not send originals or valuables unless permitted. In OLG Wien 22 Bs 87/25t (28 March 2025), the court continued custody on flight-risk grounds despite arguments about accommodation and less restrictive measures. That outcome was fact-specific: a custody complaint should address the actual reasons in the order with supporting evidence, and is separate from a complaint against extradition admissibility.

What if the person does not speak German or has no lawyer?

Austrian proceedings use German, but section 56 of the Code of Criminal Procedure (Strafprozessordnung, StPO) gives a person who does not understand the procedural language a right to interpreting. Written translation of essential documents may also be required for defence rights and a fair trial; there is no automatic right to translate every page. Tell the court and counsel the person’s language and identify documents needing translation.

Before extradition custody is ordered, section 29 ARHG requires information about the allegations, the right not to answer on the merits, access to counsel and the right to request an admissibility hearing. If custody is ordered without representation, counsel must be appointed immediately; representation is mandatory at the admissibility hearing. Family and foreign lawyers can coordinate documents but should not assume a foreign mandate alone satisfies Austrian procedure.

What should the family prepare before contacting counsel?

• All arrest, custody, prosecutor and court documents, including any envelope or electronic notice showing service dates.
• The exact arrest location and time, including whether it was inside Vienna or at Vienna Airport in Lower Austria.
• The current detention facility, prisoner number if known, and any hearing date or deadline.
• Proof of address and lawful residence, family responsibilities, work or study, and a practical proposal for reliable contact with authorities.
• Medical or disability information relevant to detention, interpretation or attendance at a hearing, with supporting records if available.
• Any extradition request, EAW, Interpol notice or foreign warrant already received. Preserve it; an Interpol notice is not itself a court decision.

Hypothetical example: If a person is arrested inside Vienna, has been staying there and is then held in judicial custody there, section 26 may point to Staatsanwaltschaft Wien and Landesgericht für Strafsachen Wien. If the same person is arrested at Vienna Airport, do not assume the same allocation: the airport is in Lower Austria, and venue must be checked against the statutory residence, apprehension and custody rules.

Which issues belong on the country-wide pages?

This page covers local venue, court access, the first hearing, detention logistics and immediate deadlines, not the national treaty inventory, refusal grounds or full appeal strategy. Read the guide to extradition from Austria for the end-to-end process and the guide to refusal grounds and remedies for arguments that may apply to a particular request. For an EAW, use the European Arrest Warrant procedure guide; for an Interpol alert, see how to check a Red Notice.

The applicable treaty and any reservations depend on the requesting state; consult the Austria-wide country guide. Ordinary ARHG extradition has a judicial admissibility stage followed by a separate Ministry of Justice decision, while an EAW follows the EU-JZG. Neither process is the same as immigration removal or deportation.

The site’s team coordinates cross-border defence with local counsel. To discuss the documents and immediate timetable, use the request page.