Fiches Belges: Avstrija

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

Yes. Infiltration by undercover agents is admissible in order to investigate a criminal offence. A systemic infiltration by undercover agents over a longer period of time is admissible only to investigate a criminal offence, commited with intent, that carries a prison term of more than one year or to prevent a criminal offence, that is planned within the framework of a criminal or terrorist association or a criminal organisation.

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 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

"A systemic infiltration by undercover agents over a longer period of time may only be ordered for a period of time that is likely to be required in order to fulfill the purpose, at the longest for a period of three months. However, the order may be repeated as far as the requirements are persisting. 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. The undercover agent may use false documents to pretend another identity. However, in order to enter a third person's premises, they are not allowed to pretend access rights (§ 131 Austrian CCP). 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. "