Fiches Belges
Implementatie onderzoeksmaatregel
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Execute/recognise measure

Accepted Languages

Execution Deadline

Legal info
Special requirements
Other information

Fiches Belges: Oostenrijk

Grensoverschrijdende observatie (801)

1. Implementatie onderzoeksmaatregel


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

Yes. Secret and continued cross border observation of persons suspected of a criminal offence, or of persons who are likely to lead to the identification or tracking-down of such a suspect are admissible. If this measure shall be executed for more than 48 hours it is only admissible if the investigation concerns an intentional criminal offence, which is punishable by imprisonment of a term of more than one year.



International legal framework applicable for this measure in your Member State

Article 40 of the Convention implementing the Schengen Agreement



* receive the request/decision for judicial cooperation

Public Prosecutor`s Office competent for the district where the border will presumably be crossed, if unknown: Public Prosecutor`s Office Vienna

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

The practical execution of the measure is performed by security authorities (police) or fiscal authorities and customs offices.



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.



Deadlines for the execution of the request/decision (where applicable)

None (requests in urgent cases shall be marked as urgent).



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

The intervention of foreign agents is subject to authorization by the competent Public Prosecutor`s Office. Observation measures supported by technical aids, enabling, by means of the transmission of signals, the determination of the spatial area in which the supervised person resides, and the opening of vehicles and containers for the purpose of the introduction of such technical aids is permitted in support of the observation, if the observation would otherwise be hopeless or substantially difficult. Observation measures supported by technical aids or for a period longer than 48 hours or outside of Austrian territory may only be ordered for a period of time that is likely to be required in order to fulfill the purpose, but in any event no longer than for three months. However, the order may be repeated as far as the requirements are persisting. Observation measures shall be ended when 1. their requirements are no longer fulfilled 2. their purpose has been achieved or can no longer be achieved or 3. the public prosecutor orders the termination of the measures. 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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