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

Spontane uitwisseling van informatie (401)

1. Implementatie onderzoeksmaatregel

Oostenrijk

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

"Yes. Courts and public prosecutor’s offices may communicate person-related data without a request for judicial assistance on the basis of an intergovernmental agreement, to the extent that 1. the information relates to acts qualifying for extradition; 2. communicating the information in question to an Austrian court or to an Austrian public prosecutor’s office would also be admissible without a request, and 3. it can be assumed on the basis of specific facts that – on account of the content of the information – it will be possible a) to initiate criminal proceedings in the other State, b) to promote a just initiated proceeding or c) to prevent a criminal offence of considerable significance or to avert a direct and serious danger to public security."

2. LEGAL FRAMEWORK

Oostenrijk

International legal framework applicable for this measure in your Member State

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

Spontaneous information sent to Austria shall be addressed to the public prosecutor’s office with competences for the court district in which the further action shall be taken.

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

N/A

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)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Oostenrijk

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 30 januari 2018 by EJN Secretariaat
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