Fiches Belges: Austria
Intercambio espontáneo de información (401) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | "Yes. Courts and public prosecutor’s offices may communicate person-related data without a request for judicial assistance on the basis of an intergovernmental agreement, to the extent that
1. the information relates to acts qualifying for extradition;
2. communicating the information in question to an Austrian court or to an Austrian public prosecutor’s office would also be admissible without a request, and
3. it can be assumed on the basis of specific facts that – on account of the content of the information – it will be possible
a) to initiate criminal proceedings in the other State,
b) to promote a just initiated proceeding or
c) to prevent a criminal offence of considerable significance or to avert a direct and serious danger to public security."
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2. LEGAL FRAMEWORK |
International legal framework applicable for this measure in your Member State | Convention on Mutual Legal Assistance between Member States of the European Union (29.05.2000)
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3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | Spontaneous information sent to Austria shall be addressed to the public prosecutor’s office with competences for the court district in which the further action shall be taken.
| * execute/recognise the measure (if other than the receiving authority) | N/A
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4. ACCEPTED LANGUAGES |
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.
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5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | N/A
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6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | N/A
| b. Other useful information | N/A
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