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

Access to public documents in judicial files (404)

1. MEASURE IMPLEMENTATION

Austria

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

Upon MLA request access to documents used in criminal proceedings is possible.

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: 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:

Austria

* receive the request/decision for judicial cooperation

In pre-trial stage: the public prosecutors's office. After indictment: the court.

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

The public prosecutor's office or the court

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

N/A

b. Other useful information

N/A

Last reviewed on 30 January 2018 by EJN Secretariat

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