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by gst
3677 days ago
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I don't know about the law of other countries, but my home country (Austria) does not extradite its own citizens, no matter what the crime is. However, it is possible that you end up in front of an Austrian court, even if you commited the crime in another country. This will only happen in cases where the crime is actually a crime in Austria. Furthermore, the court will use Austrian law, so US law would be quite irrelevant in that case. There might be an exception when the extradition request is issued by an EU country, but I'm not sure how this would be handled. Afaik the EU requires member states to extradite citizens and non-citizens to other member states. However, (afaik) the law that prevents Austria from extraditing its own nationals is at the constitution level. |
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Austria did reserve the limited possibility of refusing enforcement of EAWs on its citizen for acts not punishable under Austrian law, but that's it; which is not much different from the optional non-execution provision available to all EU states.
It also has bilateral extradition treaties with other non-EU states including the USA, again, with some reservations for its own citizens. But to say Austria doesn't extradite its citizens is wrong. For most crimes, any other EU state can issue a warrant and have Austrian citizens arrested and summarily removed without any full-blown extradition proceeding.