Fiches Belges: Avstrija
Interception of telecommunication - Art. 18 (2) (b) of the MLA Convention (106) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes. Requests for interception of telecommunications may be made in relation to the use of means of telecommunications by the subject of the interception, if this subject is present in Austria and his or her communications can be intercepted in Austria.
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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. 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)
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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 (police).
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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.
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5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | None (requests in urgent cases shall be marked as urgent).
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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.
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