Fiches Belges: Oostenrijk
Bevriezing van bankrekeningen (502) 1. Implementatie onderzoeksmaatregel |
Is this measure possible in your Member State under International Judicial Cooperation? | "The freezing of bank accounts is considered to be a subtype of seizure (see measure 504) under Austrian law. It is admissible if it appears to be necessary
1. for reasons of evidence,
2. to secure private-law claims, or
3. to secure confiscation, forfeiture, recovery or another property-law order stipulated by law (please see measure 505)."
|
2. LEGAL FRAMEWORK |
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 as regards freezing of evidence. Since Austria has not yet implemented the afore mentioned Directive: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence; European Convention on Mutual Assistance in Criminal Matters (20.04.1959); Convention on Mutual Legal Assistance between Member States of the European Union (29.05.2000)
|
3. COMPETENT AUTHORITY TO: |
* 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 (criminal police).
|
4. ACCEPTED LANGUAGES |
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 |
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 |
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 | 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.
|
|