Fiches Belges: Austria
Entrada y registro del lugar donde se ha cometido un delito (602) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | "Yes. Usually, authorization ist not required unless visits and searches on the site take place in someone's home: in these cases please see measure 601.
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2. LEGAL FRAMEWORK |
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 )
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3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | 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 is performed by the public prosecutor's office. If it requires special expertise, an expert may also be commissioned to carry out the findings.
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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) | None (requests in urgent cases shall be marked as urgent).
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6. CONCISE LEGAL PRACTICAL INFORMATION |
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.
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