The concrete Austrian link comes first.
Section 64 StGB relies on specific domestic and foreign connecting factors. In organ-trading allegations, clarify which factor is said to give Austria jurisdiction.
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Organ trafficking with a foreign element: when Austria may have jurisdiction
Organ trafficking with a foreign element: section 64, Austrian link, place of conduct, parties and defence.
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27 June 2026 · Mag. Christopher Angerer, Rechtsanwalt
The draft would expand section 64 for certain organ trafficking offences. Whether Austria is competent at all may become the first defence issue.
This article focuses only on this part of the 2026 criminal law draft. The general overview remains the starting point and is linked below.
Quick assessment
Organ trafficking with a foreign element: when Austria may have jurisdiction
This first assessment is not legal advice. It shows which issues should be separated before a statement or file review.
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Which jurisdiction issue is relevant?
The options separate Austrian link, foreign conduct, participants and ongoing proceedings.
All paths at a glance
Overview of all answers.
Document the Austrian link →
Separate foreign conduct from Austrian jurisdiction.
A foreign element does not automatically create Austrian criminal jurisdiction. Each act must be assigned to a location and to a statutory connecting rule.
Plan evidence and mutual assistance early.
Multi-state matters involve evidence, translations, service and mutual legal assistance in addition to the offence itself. These issues shape the defence strategy.
Test jurisdiction against the actual file.
If Austrian authorities are already investigating, jurisdiction should be reviewed against the concrete file, not only in the abstract. File access is the starting point.
What the draft makes relevant for review
What the draft makes relevant for review
The draft has not been enacted. It can still matter in existing files because it shows which offences and jurisdictional issues may be regulated more precisely.
For legal assessment, the headline of the draft is not decisive. The concrete facts matter: who did what, when did it happen, what role did the person have and what Austrian link is alleged?
Review
Review points in proceedings
The first analysis should keep the legal layers separate.
| Layer | Überblick question | Next step |
|---|---|---|
| Timing | Which law applied at the relevant time? | Secure chronology and file status |
| Contribution | What concrete conduct is alleged? | Assess role and communication |
| Jurisdiction | Why should Austrian authorities be competent? | Check place of conduct and Austrian link |
Which documents now matter
Which documents now matter
File notes, messages, contracts, travel data, medical or organisational documents and an exact timeline may be important. Without chronology, draft law, current law and the actual allegation become blurred.
Before making a statement, affected persons should check whether the allegation is covered by current law at all and whether the draft is mentioned only as background.
Process
From allegation to reliable assessment
The right sequence avoids premature legal conclusions.
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Read the allegation
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Clarify timing
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Organise records
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Plan response
Distinction from the existing overview
Distinction from the existing overview
The existing article on the 2026 criminal law draft explains the reform as a whole. This article deals only with the specific issue named here and deliberately avoids a second general overview.
Even with current reform topics, there is no criminal liability without a legal basis. Until promulgation, current law remains the starting point for every defence analysis.
Practical point: In reform-related cases, every statement should clearly distinguish current law from proposed law. That distinction is often more important than the political headline.
FAQ
What affected persons should know about the draft
Is the 2026 draft already in force? +
No. It is a draft. Until entry into force, current law remains decisive.
Why can a draft still matter? +
It may show which questions authorities, companies or participants will examine more closely. In ongoing cases, it does not replace current law.
What should be checked before making a statement? +
Timing, concrete contribution, jurisdiction, evidence and the question whether current law covers the allegation should be reviewed.
Related topics
You may also find this useful
Overview of the 2026 criminal law draft
The broader context of the Ministry of Justice draft in a separate overview.
Corporate criminal liability in Austria
When a company itself may face criminal responsibility.
Appeal against court orders
Remedies under section 87 of the Austrian Code of Criminal Procedure.
Topics
organ-traffickingforeign-elementsection-64jurisdictionaustriadefence
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