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: L-Awstrija

Intraċċar ta' telekomunikazzjonijiet (102)

1. MEASURE IMPLEMENTATION

L-Awstrija

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

"Yes. Information about the data of a message transmission is admissible 1. in cases of kidnapping 2. in order to investigate a criminal offence, committed with intent, which carries a prison term of more than six months, and if the owner of the technical equipment, which was or will be the source or the target of a message transmission, expressly agrees to it, or 3. in order to investigate a criminal offence, committed with intent, which carries a prison term of more than one year, and if it is to be assumed that data concerning the accused can thus be obtained. 4. if it is to be expected, on account of certain facts, that the whereabouts of a fugitive or absent accused may be determined, who is urgently suspected of a criminal offence, committed with intent, that carries a prison term of more than one year."

2. LEGAL FRAMEWORK

L-Awstrija

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)

3. COMPETENT AUTHORITY TO:

L-Awstrija

* 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 of the measures is performed by security authorities (police).

4. ACCEPTED LANGUAGES

L-Awstrija

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.

5. EXECUTION DEADLINE

L-Awstrija

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

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

6. CONCISE LEGAL PRACTICAL INFORMATION

L-Awstrija

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

"Investigative measures may only be ordered for such a period of time that are likely to be required in order to fulfil the purpose. Another order is admissible in every case, whenever it is to be expected on account of certain facts that the further performance of an investigative measure will lead to success. Moreover, the investigative measure shall be ended as soon as its requirements have ceased to apply. Orders and court authorizations shall indicate the designation of the proceedings, the name of the accused, the offence of which the accused is suspected and its statutory designation, as well as the facts from which it results that the order or the authorization is required and proportional in order to investigate the offence. In addition, the order shall also contain the following: 1. the name or other identification features of the proprietor of the technical device that was or will be the origin or target of a message communication, or of the person whose surveillance is being ordered, 2. the premises envisaged to carry out the investigative measure, 3. the type of message communication, the technical equipment and the terminal device, or the type of the technical means that is likely to be used for the optical and acoustic surveillance, 4. the time when the surveillance begins and ends; 5. the premises which may be entered on the basis of the order. 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."

Last reviewed on 12 Frar 2019 by Tools Correspondent

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