Fiches Belges: Avstrija

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

Yes. The confiscation of letters is admissible if it is required to investigate a criminal offence, committed with intent, which carries a prison term of more than one year, and if the accused is being kept detained for such an act, or if his presentation in court or arrest has been ordered for this purpose.

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)

* 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 (police).

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

"Investigative measures may only be ordered for such a future period of time that are likely to be required in order to fulfill the purpose. Another order is admissible in every case, whenever it is to be expected on account of certain facts that the further performance of an investigative measure will lead to success. Moreover, the investigative measure shall be ended as soon as its requirements have ceased to apply. Orders and court authorizations for the confiscation of letters shall indicate the designation of the proceedings, the name of the accused, the offence of which the accused is suspected and its statutory designation, as well as the facts from which it results that the order or the authorization is required and proportional in order to investigate the offence. 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."