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

Getuigen horen: per videogesprek (703)

1. Implementatie onderzoeksmaatregel

Oostenrijk

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

Yes. If a person is on Austrian territory and has to be heard as a witness by the judicial authorities of another Member State, the latter may, where it is not desirable or possible for the person to be heard to appear in its territory in person, request that the hearing takes place by video conference.

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: 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. If the competences cannot be determined, the public prosecutor’s office in Vienna is responsible.

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

Public Prosecutor's Office.

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

N/A

b. Other useful information

"The judicial authority of the requested Member State shall be present during the hearing, where necessary assisted by an interpreter, and shall also be responsible for ensuring both the identification of the person to be heard and respect for the fundamental principles of the law of the requested Member State. If the judicial authority of the requested Member State is of the view that during the hearing the fundamental principles of the law of the requested Member State are being infringed, it shall immediately take the necessary measures to ensure that the hearing continues in accordance with the said principles. According to Art 10 para 7 EU MLA-Convention 2000, the requesting state has to refund cost incurring for interpreters. In general, witnesses are entitled to be accompanied by a person of trust. Minors under the age of 14 or witnesses suffering from mental disorder must be accompanied by such a person. 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

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