If an Austrian judicial authority is requested to execute a European arrest warrant, the custiodial sentence or measure imposed by the issuing State shall be enforced in Austria without explicit application by the issuing judicial authority. In such case, the Austrian authorities automatically initiate the proceedings necessary to take over the enforcement of the sentence.
Austria declared that in its relations with those Member States that have given the same notification, its prior consent under Article 4(1)(c) is not required for the forwarding of the judgment and the certificate, if the sentenced person lives in and has been legally residing continuously for at least five years in Austria and will retain a permanent right of residence in Austria.
Under Austrian national law, there are three different measures invovling deprivation of liberty:
1) Detention in a mental health facility: If a person commits an offence punishable with a term of imprisonment exceeding one year and if the person cannot be punished for the sole reason that the person committed the offence whilst affected by a mental incapacity resulting from a serious mental or psychological abnormality, the court commits the person to a mental health facility, if, having regard to the person’s character, condition, and the nature of the offence, there is reason to believe that the person affected by the mental or psychological abnormality will commit an offence involving serious consequences.
2) Detention in a facility for the treatment of addiction: A person habitually abusing intoxicating or addictive substances who has been convicted for an offence committed under the influence of such substances in connection with the person’s abuse or addiction or in a state of complete intoxication is committed to a facility for the treatment of addiction by the court if, having regard to the person’s character, condition, and the nature of the offence, there is reason to believe that the person will commit an offence involving serious consequences or offences involving more than merely minor consequences in connection with the person’s habitual use of intoxicating or addictive substances.
3) Detention in a facility for dangerous repeat offenders:
A person aged 24 years or older who has been sentenced to imprisonment for a minimum of two years shall be detained in a facility for dangerous repeat offenders by the court:
1. if the person’s conviction occurred solely or overwhelmingly because of one or more intentional offences against limb and life, liberty, property of another, offences involving the use or threat of force, offences against sexual integrity and selfdetermination,trafficking of narcotic drugs or one or more intentional offences against public safety;
2. if a person has two prior convictions to imprisonment for more than six months solely or predominantly for offences under subpara. 1 and has thus served a minimum of 18 months in prison prior to the present conviction but after reaching the age of 19 years; and
3. if there is reason to believe that the person will continue to commit such offences involving serious consequences because of a tendency to commit offences of the type specified in subpara. 1 or because the person makes a living mostly from such offences.