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

Visitatie (302)

1. Implementatie onderzoeksmaatregel

Oostenrijk

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

"Yes. A physical examination is admissible if 1. it is to be assumed on the basis of certain facts that a person has left traces the seizure and investigation of which is of substantial value for the purpose of the investigation of a criminal offence, 2. it is to be assumed on the basis of certain facts that a person conceals objects in his/her body which are subject to seizure or 3. facts, which are of decisive importance for the investigation of a criminal offense or for the evaluation of the suspect's responsibility, can not otherwise be ascertained. A physical examination is also admissible for persons belonging to a group of persons that can be individualized by certain characteristics, if it is to be assumed on the basis of certain facts that the perpetrator is part of this group of persons and the investigation of a criminal offence that carries a prison term of more than five years or of a criminal offence against sexual integrity and sexual self determination (10th section of the Austrian Criminal Code) that carries a prison term of more than three years would otherwise be much more difficult. In order to investigate a criminal offence, it is further possible to examine biological traces (DNA matching). Therefore, the public prosecutor's office entrusts an expert. For further information on how to appoint such expert please see measure No. 305."

2. LEGAL FRAMEWORK

Oostenrijk

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:

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.

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

The practical execution of the measures is performed by a medical doctor. Only cheek-swap samples can be gathered 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

"Surgery and all procedures that could cause damage to the health for more than three days are inadmissible. Other interventions may be carried out only if the person to be examined expressly agrees to such mesures after having been informed about their possible consequences. Without the consent of the person concerned, a blood sample or a similar minor procedure is admissible if 1. the person is suspected a) of having committed an intentional threat to humans from communicable diseases or b) of having committed an offense against life and limb by performing a dangerous activity under the influence of alcohol or other intoxicating substances; or 2. the physical examination of the accused is required to investigate a criminal offence that carries a prison term of more than five years or a criminal offence against sexual integrity and sexual self determination (10th section of the Austrian Criminal Code) that carries a prison term of more than three years. 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

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • © 2017 EJN.Alle rechten voorbehouden