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

Interim measures in view of confiscation (504)

1. MEASURE IMPLEMENTATION

Austria

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

"Yes. Seizure (""Sicherstellung"") a. is the preliminary establishment of a disposing power over objects and b. the preliminary ban to release objects or other property items to third parties (third-party ban), as well as the preliminary ban on selling or pledging such objects and values (see 502). Seizure is admissible if the seized object is likely 1. to be required as evidence, 2. to be subject to private-law claims, or 3. to serve to secure a court decision on confiscation (please see measure 505), on forfeiture (please see measure 505), on recovery (please see measure 505) or on another property-law order provided by law, the enforcement of which would otherwise be jeopardized or essentially impeded."

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 as regards freezing of evidence. Since Austria has not yet implemented the afore mentioned Directive: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence; 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); Protocol to the EU MLA-Convention 2000.

3. COMPETENT AUTHORITY TO:

Austria

* receive the request/decision for judicial cooperation

Freezing orders according to the Framework Decision are to be sent to the regional court having jurisdiction for the location of the property or evidence. Requests for MLA can be addressed to the public prosecutor's office.

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

The practical execution of a seizure order is performed by security authorities (criminal 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

"The seizure of objects for reasons of evidence is not admissible and certainly has to be lifted upon a request by the person concerned whenever and as soon as the purpose of evidence can be satisfied by video, audio or other recordings, or by copies of written records or data processed with electronic support, and it is not to be assumed that the seized objects as such or the originals of the seized information will have to be viewed during the trial. 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 January 2018 by EJN Secretariat

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