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

Kinderen verhoren (705)

1. Implementatie onderzoeksmaatregel

Oostenrijk

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

Yes. In General, the Austrian Code of Criminal Procedure does not make a distinction between the concepts of hearing children and hearing witnesses. Therefore measure 702 (hearing witnesses: standard procedure) can be applied. However, there are some specialities mentioned down below.

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. 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)

The practical execution of the measures is performed by the public prosecutor's office. When examinig a witness by using technical equipment for audio and video transmission (= prior adversarial interrogation; prerequisites see below), the court hears the witness. If necessary, an expert can be entrusted with the interrogation in these cases.

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

Persons who are incapable of saying the truth because of their young age must not be heard as witnesses, as their testimony would otherwise be null and void. When examinig a witness who has not yet reached the age of fourteen and might have been injured in his/her sexual sphere by the offence with which the accused has been charged, the opportunity to take part in the interrogation shall be restricted to such an extent, that the parties in the proceedings and their representatives can follow the interrogation and exercise their right to ask questions by using technical equipment for audio and video transmission, without being present during the interrogation (= prior adversarial interrogation). When hearing minors under the age of forteen, a person of trust has to be present. 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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