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

Summoning suspects/persons accused (709)

1. MEASURE IMPLEMENTATION

Austria

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

Yes. A person who is to be interrogated is to be summoned in writing.

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 priciple, procedural documents intended for persons who are in the territory of Austria shall be sent to them directly by post. The PPO can be addressed under the conditions set out in Article 5 para 2 EU-MLA Convention 2000.

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

Post.

4. ACCEPTED LANGUAGES

Austria

Accepted languages for the request/decision

Article 5 para 3 EU-MLA Convention 2000 applies.

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

Art 12 para 2 of the European Convention on Mutual Assistance in Criminal Matters (20.04.1959) applies. 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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