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

Призоваване на заподозрени/обвиняеми лица: стандартна процедура (710)

1. MEASURE IMPLEMENTATION

Австрия

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

Yes. Before commencing the hearing, the accused is informed of the offence of which he/she is suspected. The accused also is informed of the fact that his/her testimony serves his/her defence, but that it may also be used as evidence against him/her. He/She is also informed of the fact that he/she has the right to comment on the matter, or not to give evidence and to first consult a defence counsel. He/she is entitled to be accompanied by a defence counsel during the interrogation. However, the accused is not allowed to consult on single questions with his/her defence counsel. According to Art 4 of the European Convention on Mutual Assistance in Criminal Matters (20.04.1959), the assistance of participation of agents or other parties of the proceedings (e.g. private party, lawyer) of the requesting State in the execution of the measaure is possible and permissible on demand.

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. If the competences cannot be determined, the public prosecutor’s office in Vienna is responsible.

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

The practical execution of the measures is performed by the public prosecutor's office who can entrust the criminal police with this duty.

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

Giving evidence under oath is considered to be against the fundamental priciples of Austrian law. There shall be compliance with a request for judicial assistance which requires a procedure that differs from Austrian laws on criminal procedure, if this is compatible with the criminal procedure and its principles.

Last reviewed on 30 януари 2018 by Секретариат на ЕСМ
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