Fiches Belges
Implementatie onderzoeksmaatregel
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: Oostenrijk

Observatie (105)

1. Implementatie onderzoeksmaatregel

Oostenrijk

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

"Yes. Observation is admissible in order to investigate a criminal offence or to determine the whereabouts of an accused person. If the observation measure 1. is supported by technical aids 2. is to be carried out for a period longer than 48 hours or 3. is to be performed outside of Austrian territory it is admissible only in case of a suspicion of a criminal offence, commited with intent, that carries a prison term of more than one year and where it is to be expected, on account of certain facts, that the person observed has committed the crime or will establish contact with the accused or that the whereabouts of a fugitive or absent accused may be determined."

2. LEGAL FRAMEWORK

Oostenrijk

International legal framework applicable for this measure in your Member State

Convention implementing the Schengen Agreement

3. COMPETENT AUTHORITY TO:

Oostenrijk

* 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. If the request calls for a cross-border observation, the public prosecutor’s officer shall be responsible in whose court district the border is most likely to be crossed. In the case of an observation by an aircraft flying to Austria, however the public prosecutor’s office shall be responsible in whose court district the aircraft is to land. If the competences cannot be determined on the basis of the present provisions, the public prosecutor’s office in Vienna shall be responsible.

* 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

Oostenrijk

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

Oostenrijk

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

Oostenrijk

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

"Observation measures supported by technical aids, enabling, by means of the transmission of signals, the determination of the spatial area in which the supervised person resides, and the opening of vehicles and containers for the purpose of the introduction of such technical aids is permitted in support of the observation, if the observation would otherwise be hopeless or substantially difficult. Observation measures supported by technical aids or for a period longer than 48 hours or outside of Austrian territory may only be ordered for a period of time that is likely to be required in order to fulfill the purpose, but in any event no longer than for three months. However, the order may be repeated as far as the requirements are persisting. Observation measures shall be ended when 1. their requirements are no longer fulfilled 2. their purpose has been achieved or can no longer be achieved or 3. the public prosecutor orders the termination of the measures. 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 30 januari 2018 by EJN Secretariaat

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