Austria withdraws from European Convention on Transfer of Criminal Proceedings as of 13 October 2026
Austria's participation in the European Convention on the Transfer of Proceedings in Criminal Matters (BGBl. Nr. 250/1980, in force since 1 July 1980) ends on 13 October 2026, when its status is formally set to repealed. Courts, prosecutors, defence lawyers, and defendants involved in cross-border prosecution-transfer cases with the convention's 23+ member states are directly affected.
What changed
The Austrian implementing instrument for this convention has been formally repealed effective 13 October 2026. Two further substantive changes were incorporated: Lithuania now only accepts incoming requests in English or Lithuanian (previously also German and Russian were accepted) and has specified that pre-trial requests go to its Prosecutor General's Office and court-stage requests to its Ministry of Justice. Ukraine has added its National Anti-Corruption Bureau (NABU, competent from 25 January 2015) as a third competent authority under Article 13, and on 19 April 2022 declared partial inability to fulfil treaty obligations due to Russia's military aggression.
Who is affected
Courts, public prosecutors, defence lawyers, and defendants in criminal cases where prosecution could be transferred between Austria and any of the 23+ contracting states, including Denmark, Norway, Sweden, Turkey, Ukraine, Lithuania, Slovakia, the Czech Republic, and others. The Lithuania and Ukraine changes also affect anyone currently running procedures with those specific countries.
What to look out for
All pending prosecution-transfer procedures relying on this convention must be concluded by 13 October 2026. After that date Austria is no longer bound by the convention; alternative instruments — bilateral treaties or EU judicial-cooperation tools — will need to be used. For procedures with Lithuania, the narrowed language requirements (English or Lithuanian only) are already in effect.