International Criminal Law in Austria: Cross-Border Offences, Interpol and Freedom of Movement
Attorney, expert in criminal law & civil law, owner of the IBESICH law firm
Legal Notice/Disclaimer: The following information is intended for general guidance only and does not replace individual legal advice. For advice tailored to your specific situation, please consult a lawyer or another qualified legal professional.
- Austrian criminal law may also apply to offences committed abroad under certain conditions.
- Several countries may have jurisdiction at the same time in cross-border cases.
- An Interpol Red Notice is not an arrest warrant, but it can trigger checks and arrests.
- Freedom of movement may be restricted by detention, conditions or passport-related measures.
- A Red Notice may be challenged before the CCF. A national arrest warrant remains unaffected.
- Defence strategies should be coordinated early when proceedings are pending in several countries.
Table of contents
What does international criminal law mean?
The term “international criminal law” is used for several areas of law. The distinction is important for those affected because different authorities, procedures and legal remedies apply in each area.
| Area | What does it concern? | Typical question |
|---|---|---|
| Rules on the application of criminal law | These rules determine whether Austrian criminal law applies to a matter with a cross-border element. | Can Austria prosecute an offence committed abroad? |
| International cooperation | Countries assist one another with investigations, the taking of evidence, alerts, surrender, extradition and enforcement of sentences. | May a person be surrendered to another country? |
| International core crimes law | It concerns particularly serious violations of international law such as genocide, crimes against humanity and war crimes. | Does an Austrian court or the International Criminal Court have jurisdiction? |
An international criminal case therefore need not be a case before the International Criminal Court. A witness abroad, an account in another country or an online transaction spanning several countries may already require international mutual legal assistance. The Austrian judiciary accordingly describes international criminal matters as proceedings with a foreign element.
When does Austrian criminal law apply?
Offences committed in Austria
Under section 62 of the Austrian Criminal Code, Austrian criminal law generally applies to all offences committed within Austria. The territoriality principle is the starting point. In cross-border or digital matters, however, the place of the offence is not always limited to a single country.
Under section 67 of the Austrian Criminal Code, the relevant place may be where the person acted or was supposed to act, as well as where the result forming part of the offence occurred or was intended to occur. In cases of online fraud, cross-border property offences or internationally organised crime, this may create several connecting factors.
Offences committed abroad with a particular connection to Austria
Section 64 of the Austrian Criminal Code lists certain offences committed abroad to which Austrian criminal law may apply regardless of whether the conduct is also punishable where it occurred. The provision contains a differentiated catalogue. It would therefore be incorrect to state that every offence committed abroad by an Austrian citizen automatically falls under Austrian law.
For other offences committed abroad, section 65 of the Austrian Criminal Code is particularly relevant. Subject to its requirements, Austrian criminal law may apply to offences committed abroad by Austrian citizens if the conduct is generally also punishable at the place of commission. The provision also contains a connecting factor for a foreign national found in Austria who cannot be extradited for certain reasons.
Determining whether Austria has criminal jurisdiction therefore requires a multi-stage assessment:
- Where did the conduct occur and where did the possible result occur?
- What nationality did the persons involved have at the relevant time?
- Which offence is alleged?
- Was the conduct also punishable under the law of the place of commission?
- Are foreign proceedings or a final decision already in place?
- Do special rules of EU or international law apply?
Example: Allegation following a business trip
An Austrian citizen is accused of committing a criminal offence while on a business trip abroad. Returning to Austria does not automatically end the matter. It must be examined whether the country where the offence allegedly occurred is investigating, whether Austrian criminal law applies under sections 64 or 65 of the Austrian Criminal Code and whether a request for mutual legal assistance, surrender or extradition has been made.
Which country conducts the criminal proceedings?
In cross-border matters, several countries may claim criminal jurisdiction under their own laws. Possible connecting factors include the place of conduct, the place where the result occurred, the nationality of the defendant, the nationality or residence of the victim and a country’s particular interests requiring protection.
This does not mean that every international matter necessarily results in several trials. Public prosecutors and courts may coordinate proceedings, exchange evidence or take over or transfer a prosecution. Specific instruments are available for this purpose within the EU.
Final decisions may prevent further prosecution. The prohibition on repeated prosecution or punishment under EU and domestic law is, however, subject to detailed requirements. Relevant factors include whether the same conduct is concerned, whether the decision is final, the type of disposal and, where applicable, enforcement. Section 66 of the Austrian Criminal Code additionally regulates credit for a sentence already served abroad where Austria imposes a sentence for the same offence.
Anyone aware of proceedings in several countries should not deal with the respective authorities in isolation. A statement, document or procedural decision in one country may affect the proceedings in another.
How do international investigations work?
Austrian public prosecutors may request mutual legal assistance from foreign authorities. Conversely, foreign authorities may request investigative measures in Austria. Depending on the legal basis, this may concern the questioning of witnesses, bank records, searches, seizures, digital data or service of documents.
There are simplified forms of judicial cooperation within the European Union. In relation to non-EU countries, the Austrian Extradition and Mutual Assistance Act, bilateral or multilateral treaties and the law of the requested country play a central role.
A foreign summons or letter from an authority should not be ignored, but it should not be answered without examination either. The following should first be clarified:
- Which authority issued the document?
- In which capacity is the person addressed, as a defendant, witness, victim or person providing information?
- Is there an obligation to appear or cooperate?
- Which rights apply at the place of the questioning?
- Can statements be used in another country?
- Is an alert or detention measure already in place?
Interpol Red Notice: Meaning, consequences and deletion
What is an Interpol Red Notice?
According to Interpol’s official definition, a Red Notice is a request to law enforcement authorities worldwide to locate a person and provisionally arrest them pending extradition, surrender or a similar legal measure. It is generally based on an arrest warrant or judicial decision issued by the requesting country.
The wanted person is not prosecuted “by Interpol”. They are sought by a member country or, in certain cases, by an international criminal tribunal. Interpol provides the infrastructure for the international exchange of information.
Only some Red Notices are publicly available. Published notices can be searched through Interpol’s public Red Notice search. The absence of a result does not prove that no Red Notice exists because most notices are visible only to law enforcement authorities.
Is a Red Notice an international arrest warrant?
No. Interpol expressly states that a Red Notice is not an international arrest warrant. Interpol cannot require national authorities to make an arrest. Each member country decides under its own law what legal value it assigns to a Red Notice and which measures its authorities may take.
The comparison illustrates the differences:
| Instrument | Issuer | Immediate significance |
|---|---|---|
| National arrest warrant | Competent judicial authority of a country | Basis for arrest under that country’s law |
| European Arrest Warrant | Judicial authority of an EU Member State | Formal surrender instrument within the EU |
| Interpol Red Notice | Published by Interpol at the request of a member or authorised international tribunal | International alert. It is not an arrest warrant in its own right |
| Schengen alert for arrest | Competent authority using the Schengen Information System | May trigger specific surrender proceedings within the Schengen area |
Several instruments may exist at the same time. A person may be wanted under a national arrest warrant, also be entered in the Schengen Information System and be the subject of a Red Notice.
How can a Red Notice affect travel?
A Red Notice is not an automatic worldwide travel ban. It may nevertheless substantially restrict freedom of movement in practice. The alert may become visible during a passport or border check. Depending on the country conducting the check and the available national documentation, possible consequences range from additional questioning or refusal of entry to provisional arrest and the initiation of extradition proceedings.
Visa, residence or naturalisation proceedings may also be affected if authorities take alert information into account. The actual consequence cannot be determined from the existence of the Red Notice alone.
It is particularly risky to assume that an uneventful earlier journey proves that future travel is safe. Databases, national implementation and individual control situations may change. Nor should anyone conclude that no alert exists merely because a Red Notice is not public.
Example: Check during air travel
A person living in Austria learns through business partners that criminal proceedings are pending against them in a non-EU country. Their name does not appear in Interpol’s public search, and they take a flight with a connection in another country. They are checked while in transit. Only then does it become apparent that a non-public Red Notice and a national arrest warrant exist.
The example demonstrates two points. The public database is incomplete, and the risk of arrest also depends on the transit country. A route should therefore not be treated as a way to evade checks, but as a reason to obtain a legal risk assessment.
How can an Interpol Red Notice be deleted?
An affected person cannot remove a Red Notice from the Interpol system themselves. Whether correction or deletion is possible must be examined through the CCF. The underlying national proceedings must be considered at the same time.
1. Clarify the existence and content of the Interpol data
Any person may request access from the Commission for the Control of Interpol’s Files (CCF) to data concerning them that is processed in the Interpol system. The CCF is an independent supervisory body. The request is free and handled confidentially.
Since 26 March 2026, requests must generally be submitted through the secure CCF online portal. The portal is also intended for requests for correction, deletion and certain revision requests. A request for access is particularly important when the Red Notice is not public or only informal indications exist.
Before potentially disclosing information, the CCF generally consults the source of the data. A response may therefore contain restrictions. A request also does not replace checks of national registers or alert systems.
2. Examine the national arrest warrant and underlying proceedings
A Red Notice is generally based on a national arrest warrant or judicial decision. The Interpol level and the underlying proceedings must be addressed separately but in a coordinated manner.
Possible questions include:
- Is the national arrest warrant still valid?
- Was it issued by a competent authority?
- Are the proceedings still pending or have they ended?
- Are the allegation and personal data recorded correctly?
- Is there a decision discontinuing the proceedings, an acquittal or a decision revoking the warrant?
- Is there a political, military, religious or racial background?
- Were material changes in the proceedings reported to Interpol?
The CCF cannot itself revoke a country’s arrest warrant. Conversely, revocation of a national arrest warrant does not always result in the immediate correction of every international and national database without further steps.
3. Request correction or deletion from the CCF
The CCF examines whether the data processing complies with Interpol’s Constitution and Rules on the Processing of Data. A request should present the facts concisely and consistently and include verifiable supporting documents. Depending on the case, relevant documents may include court decisions, confirmation of procedural status, identity documents, a power of attorney and evidence of the alleged breach of the rules.
Possible areas of examination include:
- Incorrect or outdated data
- No valid basis for the alert or a basis that has ceased to exist
- Doubts as to whether the requirements for a Red Notice are met
- A predominantly political, military, religious or racial character within the meaning of Article 3 of Interpol’s Constitution
- Conflicts with applicable Interpol rules or international obligations
The CCF determines whether an argument succeeds based on the individual case. When applying Article 3, it conducts an overall assessment and considers matters such as the nature of the allegation, the status of the person concerned, the source of the data and the political or other context.
According to current CCF information, access requests should generally be decided within four months and correction or deletion requests within nine months of being declared admissible. These are procedural time frames, not a guarantee of success or an assurance that all national consequences will be removed within that period.
4. Check implementation and other alert systems
If a Red Notice is deleted, Interpol informs its members of the decision and, where data does not comply with the rules, requests its removal from national databases. It should nevertheless be checked whether the national arrest warrant, a Schengen alert, visa data or other national entries remain in place.
The precise answer to the question “How can an Interpol Red Notice be deleted?” is therefore:
The Interpol data must be examined through the CCF and, where appropriate, a properly substantiated request for correction or deletion must be submitted. The underlying national proceedings must be addressed in parallel. Successful deletion by Interpol does not automatically remove every arrest warrant or national alert.
Restrictions on freedom of movement in international criminal proceedings
The freedom to move and to leave a country is protected as a fundamental right. Article 2 of Protocol No. 4 to the ECHR protects, among other things, the freedom to leave any country, including one’s own. For EU citizens, Article 45 of the Charter of Fundamental Rights of the European Union guarantees freedom of movement and residence within the scope of EU law.
These rights are not unlimited. Measures provided by law and proportionate to their purpose may be permissible, particularly to prevent crime, secure proceedings or protect the rights of others. The decisive question is which specific measure was ordered by which authority and on what legal basis.
Typical forms of restriction
| Measure | Practical effect | Legal classification |
|---|---|---|
| Arrest or detention | Travel is directly prevented | Requires a sound basis in national law and judicial review |
| Undertaking not to leave the place of residence without permission | Travel may require permission | Possible less severe measure under section 173(5) of the Austrian Code of Criminal Procedure |
| Reporting requirement or notification of a change of residence | Movements can be monitored | Possible less severe measure under section 173(5) of the Austrian Code of Criminal Procedure |
| Temporary surrender of identity or authorisation documents | Foreign travel may become practically impossible | Possible less severe measure under section 173(5) of the Austrian Code of Criminal Procedure |
| Refusal or withdrawal of a passport | No Austrian travel document or no valid one | Subject to sections 14 and 15 of the Austrian Passport Act |
| Red Notice or another international alert | Risk of checks, arrest and extradition proceedings abroad | The effect depends on the country concerned and additional arrest documentation |
Section 173 of the Austrian Code of Criminal Procedure lists less severe measures that may be used instead of pre-trial detention. These include an undertaking not to leave the place of residence without permission, notification of changes of residence, reporting requirements and the temporary surrender of certain documents. Such measures are not an automatic consequence of every international criminal proceeding.
Under section 14 of the Austrian Passport Act, issuing a passport may be refused under certain conditions, including where a statutory restriction on freedom of movement exists and refusal is necessary to achieve its purpose. The provision also includes a ground for refusal where specific facts indicate an intention to evade a particular prosecution or enforcement of a sentence. Section 15 of the Austrian Passport Act regulates withdrawal where a ground for refusal arises subsequently.
A Red Notice alone is therefore not automatically equivalent to the withdrawal of an Austrian passport. It may, however, prompt checks and further national measures.
What should be done before a planned journey?
A sound risk assessment should not consider only the destination country. Transit countries, nationalities, existing residence permits, national arrest warrants, Schengen alerts and the current status of CCF proceedings may also be relevant.
Planning a route to avoid official checks would be legally risky. The sensible approach is to clarify the status of the alert and available legal remedies before travelling. Where there is an immediate risk of arrest, arrangements should also be made regarding whom to contact and which legal representative can be reached in the country concerned.
European Arrest Warrant, surrender and extradition
The European Arrest Warrant must be distinguished from a Red Notice. It is a formal judicial instrument within the EU. A judicial authority in one Member State requests another Member State to arrest and surrender a person for prosecution or enforcement of a sentence.
In Austria, the procedure is governed in particular by the EU-JZG. The public prosecutor initiates the surrender proceedings. Admissibility and detention are subject to judicial proceedings. Austrian citizens cannot simply assume that they will never be surrendered. The EU-JZG provides specific requirements, grounds for refusal and conditions.
In relation to non-EU countries, the process is generally referred to as extradition. The ARHG, international agreements and the specific relationship with the requesting country are relevant. The court examines whether extradition is admissible. Human rights issues, the rule of speciality, dual criminality and other statutory obstacles may be relevant depending on the case.
| Question | European Arrest Warrant | Extradition to a non-EU country | Red Notice |
|---|---|---|---|
| Purpose | Surrender within the EU | Transfer to the requesting non-EU country | International location and request for provisional arrest |
| Basis | EU-JZG and EU law | ARHG, treaties and national law | Interpol rules plus a national arrest warrant or judicial decision |
| Decision in Austria | Judicial surrender decision | Judicial examination of admissibility and further statutory steps | A Red Notice alone does not determine extradition |
| Legal remedies | Within the surrender proceedings | Within the extradition proceedings | CCF proceedings concerning Interpol data, plus legal remedies against national measures |
Rights of defendants and affected persons
An international element does not remove defence rights, but it makes their coordinated exercise more difficult.
In Austria, defendants have in particular the right:
- to be informed of the allegation and essential rights
- to remain silent
- to consult a defence lawyer
- to inspect the case file to the extent provided by law
- to receive necessary translation and interpreting services
- to seek judicial protection against certain measures
Before making a statement, it should be clarified which case files are known and whether a parallel investigation is being conducted in another country. An apparently exculpatory spontaneous statement may be understood differently or used without its full context in a second proceeding.
Where an arrest is based on an international alert, the identity of the wanted person, the specific alert instrument, the underlying arrest warrant, applicable time limits and the requirements for detention must be examined. A mere similarity of names or outdated data may also require urgent legal protection.
Rights of victims in cross-border cases
Victims may also face international difficulties. The alleged offender may be abroad, assets may have been moved through foreign accounts or evidence may be held by a platform in another country.
In Austria, victims may have rights to information and participation depending on the stage of the proceedings. A person wishing to assert civil claims such as damages within criminal proceedings may join them as a private party subject to the statutory requirements.
For practical enforcement, the following questions must be distinguished:
- Where can the offence be reported?
- Which authority conducts the proceedings?
- Where are the evidence and assets located?
- Can a private-party claim be joined to the Austrian criminal proceedings?
- Must claims also be pursued abroad or in separate civil proceedings?
The appropriate steps depend on the person’s procedural role. For defendants, coordinated criminal defence will often be the priority, while victims should protect their rights in criminal proceedings and potential compensation claims in good time.
International core crimes law and the International Criminal Court
International core crimes law is a distinct part of international criminal law. It does not concern ordinary offences with a foreign element, but the most serious crimes under international law. Subject to the Rome Statute, the International Criminal Court prosecutes individuals for genocide, crimes against humanity, war crimes and the crime of aggression.
The International Criminal Court does not replace national courts. Its system is based on complementarity. National prosecution generally takes priority as long as a country is genuinely willing and able to investigate and prosecute the conduct concerned.
The Austrian Criminal Code also contains offences relating to international core crimes. These include genocide under section 321, crimes against humanity under section 321a and war crimes under the following provisions.
The International Criminal Court generally has no jurisdiction over typical Red Notice, extradition or foreign-offence cases. These concepts should therefore not be conflated.
Four typical scenarios
1. An Austrian citizen is accused abroad
After returning to Austria, the person learns of a foreign arrest warrant. The criminal jurisdiction of both countries, possible extradition or surrender, the alert status and a coordinated defence must be examined. Austrian citizenship does not automatically eliminate the risk.
2. Cyber fraud spanning several countries
The victim is in Austria, the alleged offender is in another country, and the servers and accounts are located elsewhere. Austria may have a connecting factor because the result occurred domestically. International mutual legal assistance may be required to obtain data and trace assets.
3. Red Notice affecting business travel
A businessperson residing in Austria is internationally wanted because of white-collar criminal proceedings in their country of origin. They believe the proceedings are politically motivated. Both the underlying national proceedings and a CCF request should be examined. Merely alleging a political motive is not sufficient for Article 3 of Interpol’s Constitution. The CCF assesses the overall nature of the case.
4. European Arrest Warrant for a person in Austria
A person is arrested in Austria under a European Arrest Warrant. This is not followed by an ordinary Austrian criminal trial concerning the foreign allegation. Surrender proceedings take place first. Time limits, detention, identity, grounds for refusal and possible conditions must be examined promptly.
Checklist: What affected persons should do now
Clarify as soon as possible
- Which country and authority are conducting the proceedings?
- Is there a national arrest warrant, European Arrest Warrant, Schengen alert or Red Notice?
- Is the alert public or visible only to authorities?
- Which time limits are already running?
- Is travel or transit planned?
- Are proceedings pending in several countries?
- Which documents confirm the current status of the proceedings?
Secure relevant documents
- Official letters, summonses and decisions
- Arrest warrants or known file numbers
- Passport and identity details
- Evidence of residence and nationality
- Decisions discontinuing proceedings, acquittals or decisions revoking warrants
- Relevant contracts, communications, payment records and travel data
- CCF correspondence and confirmations of submission
Avoid
- travelling without preparation despite specific indications of an alert
- making spontaneous factual statements to several authorities without knowing the case files
- assuming that a Red Notice is insignificant because it is not an arrest warrant
- assuming that deletion by the CCF automatically ends the national proceedings
- making contradictory submissions in different countries
- missing time limits in detention, surrender, extradition or CCF proceedings
When is legal assistance advisable?
Even an ordinary foreign element can make the legal assessment complex. Coordinated examination is particularly urgent in the following situations:
- knowledge or suspicion of an Interpol Red Notice
- a planned border crossing where the alert status is unclear
- arrest or detention pending extradition or surrender
- a European Arrest Warrant or Schengen alert
- parallel proceedings in several countries
- a political or human rights background to foreign proceedings
- threatened refusal or withdrawal of a passport
- the need for a CCF request for access, correction or deletion
The task is not limited to drafting individual submissions. Austrian defence counsel, legal representation in the requesting country and, where applicable, CCF proceedings often need to be coordinated in substance.
Frequently Asked Questions About International Criminal Law
Can I be prosecuted in Austria for an offence committed abroad?
Yes, this is possible under certain conditions. Whether Austrian criminal law applies depends in particular on sections 62 to 65 of the Austrian Criminal Code, the place of the offence, nationality, the type of offence and whether the conduct is punishable at the foreign place of commission.
Is an Interpol Red Notice an international arrest warrant?
No. A Red Notice is an international alert and a request to locate a person and potentially provisionally arrest them. Whether an arrest actually takes place depends on the law of the respective country and the available arrest documentation.
Can I still travel with an Interpol Red Notice?
Travel is not automatically prohibited worldwide, but it can entail a considerable risk of arrest or checks. The destination and transit countries, national arrest warrants, Schengen alerts and the applicable legal position should be examined before travelling.
How can I have an Interpol Red Notice deleted?
An affected person cannot delete a Red Notice themselves. A confidential and free request for access to the CCF can first clarify which data is stored in the Interpol system. A request for correction or deletion can then be submitted to the CCF. The alleged breach of Interpol rules should be supported by suitable documents. Since 26 March 2026, requests must generally be submitted through the CCF online portal. Interpol generally states a decision period of nine months from admissibility for correction or deletion requests, although the overall proceedings may take longer and deletion is not guaranteed. The national arrest warrant or underlying proceedings must be addressed in parallel because deletion by the CCF does not automatically revoke those measures.
Do criminal proceedings automatically restrict freedom of movement?
No. A restriction requires a specific legal measure. Possible measures include detention, residence or reporting requirements, the surrender of documents and the refusal or withdrawal of a passport where the statutory requirements are met.
What is the difference between a Red Notice and a European Arrest Warrant?
The European Arrest Warrant is a formal judicial surrender instrument within the EU. A Red Notice is an international alert issued through Interpol and is not an arrest warrant in its own right.
Do I have to comply with a summons from abroad?
There is no general answer. The issuing authority, the role of the person summoned, the legal basis, service and the possible consequences of failing to appear are decisive. The document should be reviewed before responding.
Can two countries investigate me at the same time?
Yes. Several countries may have jurisdiction based on different connecting factors. Whether both proceedings may continue and how final decisions affect them requires a separate assessment.
Is international criminal law the same as international core crimes law?
No. In practice, international criminal law also covers offences committed abroad, mutual legal assistance, extradition and international alerts. International core crimes law primarily concerns genocide, crimes against humanity, war crimes and the crime of aggression.
Sources
Austrian criminal law and criminal procedure
- Federal Legal Information System (RIS), Austrian Criminal Code, in particular sections 62–67 and sections 321 et seq.
- Federal Legal Information System (RIS), section 173 of the Austrian Code of Criminal Procedure
- Austrian judiciary, “What particular challenges are there?”
- Austrian judiciary, “Possible investigative measures”
Surrender, extradition and mutual legal assistance
- Federal Legal Information System (RIS), EU-JZG
- Federal Legal Information System (RIS), Austrian Extradition and Mutual Assistance Act
- European e-Justice Portal, European Arrest Warrant
Interpol Red Notice and CCF
- Interpol, “About Red Notices”
- Interpol, Commission for the Control of Interpol’s Files
- Interpol, “How to submit a request”
- Interpol, CCF Frequently Asked Questions
- Interpol, Legal framework
Freedom of movement
- European Court of Human Rights, Guide on Article 2 of Protocol No. 4 to the ECHR, updated on 28 February 2026
- EUR-Lex, Article 45 of the Charter of Fundamental Rights of the European Union
- Federal Legal Information System (RIS), section 14 of the Austrian Passport Act 1992
- Federal Legal Information System (RIS), section 15 of the Austrian Passport Act 1992
International core crimes law
Find more reviews on our Google Business Profile
Get in Touch
You can reach us by phone, email, or via our contact form.
IBESICH
Josefstädter Straße 11/1/16
1080 Wien
MO-FR: 9 am to 6 pm
You are currently viewing a placeholder content from Google Maps. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More Information
You need to load content from reCAPTCHA to submit the form. Please note that doing so will share data with third-party providers.
More InformationNews from the firm and legal updates in Austria.
