Fiches Belges: Austria

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

Yes. In General, Austria's criminal procedure does not make a distinction between the concepts of hearing persons collaborating with the inquiry and hearing witnesses. Therefore, the measure described at question 702 (hearing witnesses: standard procedure) is applicable.

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

See measure 702.

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

See measure 702.

Accepted languages for the request/decision

See measure 702.

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

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

a. Special requirements

See measure 702.

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.