This point of view complies with the rules laid down in the Sixth Protocoll of the European Convention on Human Rights and Article 85 of the Austrian Federal Constitution. The goal of the new treaty is to simplify extradition, taking into account the requirements of visa-free travel between the two countries which has increased enormously due to low airline fares. The new extradition treaty meets the European standards. Precondition for an extradition is a criminal offense which is prosecuted in both countries and carries a penalty of more than one year or a residuous penalty of more than three months. The treaty therefore does not include a list of offenses which qualify for extradition.
Extradition is also possible in cases of fiscal offenses.
In cases of an impending death sentence, extradition will only be granted in cases of prosecution if the death sentence will not be imposed, in cases of execution of a penalty if assurances are given that the sentence will not be executed. As in the past, extradition can be denied in cases of own nationals of either state, in cases of politically and militarily punishable crimes, if own jurisdiction applies and in cases of sentences with ending and binding effects which have already been passed in the requested state. A speedy ratification of the treaty is envisaged by both states. During his visit to Washington, Minister Michalek also met with Chief Justice William H. Rehnquist, Justices Sandra Day O Connor and Anthony Kennedy and with FBI Director Louis J. Freeh. Attorney General Janet Reno hosted a luncheon in Minister Michalek s honor.