Fiches Belges: Avstrija

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

Yes. Upon request by a Member State or in agreement with another Member State a controlled delivery through Austria or from Austria to another Member State is admissible if 1. the reasons underlying the controlled delivery or the foreign criminal proceedings meet the prerequisites for issuing a European arrest warrant, and 2. the controlled delivery will promote the investigation of such offences or the exploration of a person who is involved in committing the offences in more than a subordinate position. A controlled delivery cannot be granted if 1. it might cause a serious risk to the life, health, physical integrity or freedom of a person, on account of the special properties of the goods or the group of offenders, 2. it were to violate the prohibition of using evidence obtained as a result of illegal incitement by an agent provocateur, or 3. the further surveillance of the transport, as well as access to it does not appear to be secured in the other State.

International legal framework applicable for this measure in your Member State

Article 12 EU 2000 Convention on Mutual Legal Assistance in criminal matters

* receive the request/decision for judicial cooperation

The Public Prosecutor`s Office competent for the district where the border will presumably be crossed, or the district from which the controlled delivery shall start; 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.

b. Other useful information

The intervention of foreign agents is subject to authorization by the competent Public Prosecutor`s Office.