Fiches Belges
Measure Implementation
Measure possibility

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Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
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Fiches Belges: Austria

Confiscation (505)

1. MEASURE IMPLEMENTATION

Austria

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

"Yes. The Austrian national law distinguishes between various forms of confiscation within the meaning of the Framework Desicion. Under Austrian law, confsication within this meaning includes confiscation in a narrow sense (""Konfiskation""), forfeiture (""Verfall"") and recovery (""Einziehung""). CONFISCATION in a narrow sense (KONFISKATION, § 19a Austrian CC): Any item used or intended to be used in the commission of an intentional offence and any item yielded from such an offence is to be confiscated if it belongs to the perpetrator at the time of the judgment at first instance.The confiscation also extends to the replacement value of the items if these items belong to the perpetrator at the time of the conviction at first instance. Confiscation shall not occur if the confiscation is disproportionate relative to the significance of the offence or to the responsibility of the perpetrator. FORFEITURE (VERFALL, § 20 Austrian CC): Any assets acquired for or through an offence are to be forfeited to the court. Forfeiture also extends to any benefits and replacement value of assets that are to be forfeited. RECOVERY (EINZIEHUNG, § 26 of the Austrian CC): Any instrument used or intended to be used by the perpetrator to commit the offence, and any item yielded from the offence, are to be seized if the specific nature of the item deems the seizure necessary in order to combat the commission of offences. "

2. LEGAL FRAMEWORK

Austria

International legal framework applicable for this measure in your Member State

Council Framework Decision 2005/212/JHA on confiscation of crime-related proceeds, Instrumentalities and property; Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to financial penalties

3. COMPETENT AUTHORITY TO:

Austria

* receive the request/decision for judicial cooperation

The regional court having jurisdiction over the place in which the asset or the object covered by the order relating to property rights is located, or where the person concerned makes dispositions concerning his/her property, in which connection the decision may be enforced. If these places cannot be identified, that place shall be decisive where the person concerned has his/her domicile or residence; in the case of an association it shall also be the place where it has its office, its operation or its branch office. If the competences of a specific court cannot be ascertained on the basis of the present provisions, the Regional Court for Criminal Matters in Vienna shall have jurisdiction.

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

N/A

4. ACCEPTED LANGUAGES

Austria

Accepted languages for the request/decision

The Republic of Austria accepts certificates in any official language of those Member States which accept certificates in German issued by Austrian authorities.

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 must be established except for list offences.

b. Other useful information

"Sums of money obtained by executing the order relating to property rights, which are not in excess of EUR 10,000 or the equivalent of that amount, accrue to the Federal State. If the sum of money obtained by executing the order relating to property rights is in excess of EUR 10,000, 50% of the amount shall be transferred to the deciding State. This provision is only being applied if no other agreement has been reached with the requesting State. Objects that are part of Austria’s cultural heritage shall accrue to the Federal State in any event."

Last reviewed on 30 January 2018 by EJN Secretariat

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