Fiches Belges: Austria

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

Yes.

International legal framework applicable for this measure in your Member State

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (in the follwing: FD).

* receive the request/decision for judicial cooperation

Decisions according to Art 1 a) i) FD) or according to Art 1 a) ii) FD if made by another judicial authority (e.g.: PPO) or decisions according to Art 1 a) iv) FD: Regional Court of the domicile or the residence of the person who is the subject of the pecuniary sanction; in the event of an association: Regional Court of the registered office or the place of operation or the residence of the association. If these locations cannot be determined, the place where the assets subject to the decision are located is decisive. If the competences of a specific court cannot be determined, the Regional Court for Criminal Matters Vienna has jurisdiction. Decisions according to Art 1 a) ii) if made by non-judicial authorities and according to Art 1 a) iii) except if made by tax or customs authorities: Competent Austrian district administrative authorities or state police departments (""Bezirksverwaltungsbehörden"" or ""Landespolizeidirektionen"" in some cities) of the domicile or the residence of the person who is the subject of the pecuniary sanction; in the event of an association: Regional Court of the registered office or the place of operation or the residence of the association. If these locations cannot be determined, the place where the assets subject to the decision are located is decisive. Decisions according to Art 1 a) ii) and according to Art 1 a) iii) if made by tax or customs authorities: Austrian tax and customs offices of the domicile or the residence of the person who is the subject of the pecuniary sanction; in the event of an association: Regional Court of the registered office or the place of operation or the residence of the association. If these locations cannot be determined, the place where the assets subject to the decision are located is decisive.

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

N/A

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.

Deadlines for the execution of the request/decision (where applicable)

N/A

a. Special requirements

Dual criminality must be established except for list offences.

b. Other useful information

The proceeds from enforcement shall accrue to the Austrian State, unless an arrangement to a different effect has been reached with the deciding State.