Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Австрия

Възстановяване (503)

1. MEASURE IMPLEMENTATION

Австрия

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. In the event of a seizure to secure private-law claims, the public prosecutor shall order the return of the object to the victim, if a seizure is not required for reasons of evidence, and the seizure does not interfere with the rights of third parties. Furthermore, the aggrieved person (victim) is entitled to join criminal proceedings with his/her claim for compensation of damage or restitution of any unjust enrichment acquired by the accused person at his/her expense. The aggrieved party must submit his/her motion to join the proceedings with his/her claim, at the latest before the end of the evidence-taking process.

2. LEGAL FRAMEWORK

Австрия

International legal framework applicable for this measure in your Member State

Directive regarding the European Investigation Order in criminal matters in relation to Member States. Since Austria has not yet implemented the afore mentioned Directive: European Convention on Mutual Assistance in Criminal Matters (20.04.1959); Convention implementing the Schengen Agreement; Convention on Mutual Legal Assistance between Member States of the European Union (29.05.2000)

3. COMPETENT AUTHORITY TO:

Австрия

* receive the request/decision for judicial cooperation

The public prosecutor’s office with competences for the court district in which the act of judicial assistance is to be performed.

* execute/recognise the measure (if other than the receiving authority)

The practical execution of the measures is performed by the public prosecutor in the event of a seizure. If items have already been sequestrated, it's the court's duty to restitute them.

4. ACCEPTED LANGUAGES

Австрия

Accepted languages for the request/decision

German, English, French and - in case of reciprocity, if the requesting state would accept a request in german language - also the language of the requesting state.

5. EXECUTION DEADLINE

Австрия

Deadlines for the execution of the request/decision (where applicable)

None (requests in urgent cases shall be marked as urgent).

6. CONCISE LEGAL PRACTICAL INFORMATION

Австрия

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 30 януари 2018 by Секретариат на ЕСМ
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