Fiches Belges

A person who is to be interrogated is usually to be summoned in writing.

Directive regarding the European Investigation Order in criminal matters in relation to Member States; otherwise: European Convention on Mutual Assistance in Criminal Matters (20.04.1959); Convention implementing the Schengen Agreement (CISA); Convention on Mutual Legal Assistance between Member States of the European Union (29.05.2000)

In priciple, procedural documents intended for persons who are in the territory of Austria shall be sent to them directly by post. The PPO can be addressed under the conditions set out in Article 5 para 2 EU-MLA Convention 2000.

Article 5 para 3 EU-MLA Convention 2000 applies.

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

For summoning of suspects/persons accused: Art 12 para 2 of the European Convention on Mutual Assistance in Criminal Matters (20.04.1959) applies. For summoning of witnesses: Art 12 of the European Convention on Mutual Assistance in Criminal Matters (20.04.1959) applies as well as Art 52 CISA. In particular, foreign authorities sending a postal summons to appear shall ensure that this does not involve a notice of penalty. 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.