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: Austria

Infiltration by an informer of the requested State (203)

1. MEASURE IMPLEMENTATION

Austria

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

Yes. Infiltration by persons entrusted by the criminal police is admissible in order to investigate a criminal offence. A systemic infiltration by such informer over a longer period of time is admissible only to investigate a criminal offence, commited with intent, that carries a prison term of more than one year or to prevent a criminal offence, that is planned within the framework of a criminal or terrorist association or a criminal organisation.

2. LEGAL FRAMEWORK

Austria

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: Convention implementing the Schengen Agreement; Convention on Mutual Legal Assistance between Member States of the European Union (29.05.2000)

3. COMPETENT AUTHORITY TO:

Austria

* 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 informer in cooperation with the security authorities (police).

4. ACCEPTED LANGUAGES

Austria

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

Austria

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

Austria

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

"A systemic infiltration by undercover agents over a longer period of time may only be ordered for a period of time that is likely to be required in order to fulfill the purpose, at the longest for a period of three months. However, the order may be repeated as far as the requirements are persisting. 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. 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. Contrary to undercover agents of the criminal police, an informer may not use false documents to pretend another identity."

Last reviewed on 30 January 2018 by EJN Secretariat
  • ® 2020 EJN. All Rights Reserved