Fiches Belges: Австрия

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

Yes. The secret cross border tracking of persons or vehicles by placing a beeper is admissible if the investigation is based on the suspicion of an intentionally committed criminal offence, that carries a prison term of more than one year and where it is to be expected, on account of certain facts, that 1. the person observed has committed the crime him-/herself or 2. the person observed will establish contact with the accused or 3. the whereabouts of a fugitive or absent accused may be determined. Observation measures supported by technical aids, enabling, by means of the transmission of signals, the determination of the spatial area in which the supervised person resides, and the opening of vehicles and containers for the purpose of the introduction of such technical aids is permitted in support of the observation, if the observation would otherwise be hopeless or substantially difficult.

International legal framework applicable for this measure in your Member State

Article 40 of the Convention implementing the Schengen Agreement.

* receive the request/decision for judicial cooperation

Public Prosecutor`s Office competent for the district where the border will presumably be crossed, if inknown: Public Prosecutor`s Office Vienna

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

The practical execution of the measure is performed by security authorities (police) or fiscal authorities and customs offices.

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.

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

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

a. Special requirements

Dual Criminality is required. A request for ordering and performing the investigative measure shall comprise a copy, a certified copy or a photostat copy of the order of the competent authority. If this is not a court order, the authority requesting judicial assistance shall present a statement explaining that the prerequisites required for such measures are met under the law applicable in the requesting State.

b. Other useful information

The intervention of foreign agents is subject to authorization by the competent Public Prosecutor`s Office. Observation measures supported by technical aids or for a period longer than 48 hours or outside of Austrian territory may only be ordered for a period of time that is likely to be required in order to fulfill the purpose, but in any event no longer than for three months. However, the order may be repeated as far as the requirements are persisting. Observation measures shall be ended when 1. their requirements are no longer fulfilled 2. their purpose has been achieved or can no longer be achieved or 3. the public prosecutor orders the termination of the measures. The use of technical aids (also) allowing for the optical and acoustic surveillance is only admissible when the requirements for optical and accoustic surveillance (see measure 103) are met. 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.