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

Execution of a Supervision Measure (905)

1. MEASURE IMPLEMENTATION

L-Awstrija

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

Yes. The Austrian implementing law provides for the measures listed in Art 8 (1) a) - f) FD and the measures listed in Art 8 (2) FD except Art 8 (2) a) and e) FD. In addition, the Austrian law provides for the measure of provisional probation assistance, insofar as the person concerned consents to this measure.

2. LEGAL FRAMEWORK

L-Awstrija

International legal framework applicable for this measure in your Member State

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

3. COMPETENT AUTHORITY TO:

L-Awstrija

* receive the request/decision for judicial cooperation

The regional court with jurisdiction over the place where the person concerned lives or permanently resides; if the sentenced person does not live or permanently reside in Austria, the Regional Court having jurisdiction over the place to which the sentenced person has special ties.

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

N/A

4. ACCEPTED LANGUAGES

L-Awstrija

Accepted languages for the request/decision

The Republic of Austria accepts certificates in any official language of those Member States which accept certificates in German issued by Austrian authorities.

5. EXECUTION DEADLINE

L-Awstrija

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

The court hast to decide on assuming responsibility for monitoring the supervision measure within 20 working days of receipt of the decision and the certificate unless. In case of a legal remedy complaint pursuant to § 104 para. 2 this time limit shall be extended by another 20 working days.

6. CONCISE LEGAL PRACTICAL INFORMATION

L-Awstrija

a. Special requirements

N/A

b. Other useful information

Austria declared that monitoring of supervision measures by the competent Austrian court can be approved irrespective of whether the person concerned has his/her domicile or permanent residence in Austria if, because of specific circumstances, ties exist between the person concerned and Austria of such intensity that it can be assumed that monitoring in Austria will help facilitate the social rehabilitation and reintegration of the person concerned. Austria also applies Article 2(1) of the Framework Decision on the European Arrest Warrant in deciding on the surrender of the person concerned to the issuing State.

Last reviewed on 30 Jannar 2018 by EJN Secretariat

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