Fiches Belges: Austria

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

"Yes. A superficial body search is admissible if that person 1. was arrested or caught in the act of committing a criminal offence, 2. is suspected of a criminal offence and it is to be expected, that he/she is carrying objects that are subject to seizure, or that he/she has traces with him/her, 3. might have suffered injuries which are due to a criminal offence, or experienced other changes on his/her body, the determination of which is required for the purposes of criminal proceedings."

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)

* receive the request/decision for judicial cooperation

The request shall be sent to the public prosecutor’s office with competences for the court district in which the act of judicial assistance is to be performed.

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

The practical execution of the measures is performed by security authorities (criminal police).

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.

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

None (requests in urgent cases shall be marked as urgent).

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

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.