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

Probation measures (904)

1. MEASURE IMPLEMENTATION

Austria

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

Yes. The measures available under the Austrian law implementing the FD fully correspond to those listed in the FD.

2. LEGAL FRAMEWORK

Austria

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions

3. COMPETENT AUTHORITY TO:

Austria

* receive the request/decision for judicial cooperation

The Regional Court having jurisdiction over the place where the sentenced person lives or permanently resides; if the sentenced person does not live or permanently reside in Austria, the Regional Court having jurisdiction over the place to which the sentenced person has special ties.

* 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)

60 days after receipt of the documents.

6. CONCISE LEGAL PRACTICAL INFORMATION

Austria

a. Special requirements

N/A

b. Other useful information

The certificate must be submitted together with the necessary documents from the Regional Court within whose jurisdiction the sentenced person has their domicile or permanent residence, or in cases pursuant to Article 5(2) the Regional Court within whose jurisdiction specific ties exist with the sentenced person. Austria declared that monitoring of supervision measures or alternative sanctions by the competent Austrian court can be approved irrespective of whether the sentenced person has their domicile or permanent residence in Austria, if because of specific circumstances ties exist between the sentenced person and Austria of such intensity that it can be assumed that monitoring in Austria will help facilitate the social rehabilitation and reintegration of the sentenced person. Austria declared its refusal to assume responsibility to take subsequent measures in the cases described in Article 14(3)(a) and (c).

Last reviewed on 30 January 2018 by EJN Secretariat

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