Service of Summons in Criminal Proceedings (Austria) Case.

Abstract

State Succession — International conventions — Austria and Germany — Treaties concluded before 1938 — Whether they came into force again in 1945 — Treaties on judicial assistance — The law of Austria.

Jurisdiction — Territorial — Jurisdiction over foreigners — Criminal offence — Foreigner subject to jurisdiction of State in which offence is committed — Whether courts of that State may exercise jurisdiction in absentia over foreigner abroad — Whether service of summons by post on foreigner abroad is valid — The law of Austria.

Extradition — Of nationals — Whether they may be extradited to State in whose territory they have committed an offence — Right of home State of offender to prosecute — Whether proper to bring foreigner from home State before courts of State where offence committed — Voluntary and enforced appearance — The law of Austria.

Treaties — Termination of — Extinction and dismemberment of contracting party — Austria and Germany — Treaties concluded before 1938 — Whether they came into force again in 1945 — Treaties on judicial assistance — The law of Austria.

Jurisdiction — Territorial limits of — Over criminal offences — Rule of territoriality — Foreigners subject to jurisdiction of State in which offence is committed — Whether courts of that State may exercise jurisdiction over foreign offender abroad in respect of offence committed wlthin their jurisdiction — Service of summons by post on foreigner abroad — Whether infringment of sovereignty of State in which service is made — Procedure to be followed — Whether proper to summon foreigner from home State — Distinction between voluntary and enforced appearance — Treaty of Judicial Assistance between Austria and Germany — Whether direct service by post permitted — Effect of improper service on validity of trial in absentia — The law of Austria.