Fiches Belges

Hearing suspects/accused: Under Austrian national law, it is possible to hear the suspect/accused by video conference. This does not include the participation of a suspect/accused in the main trial hearing leading to a final decision on the criminal matter. Hearing witnesses: If a person is on Austrian territory and has to be heard as a witness by the judicial authorities of another Member State, the latter may, where it is not desirable or possible for the person to be heard to appear in its territory in person, request that the hearing takes place by video conference.

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; Convention on Mutual Legal Assistance between Member States of the European Union (29.05.2000)

The public prosecutor’s office with competences for the court district in which the act of judicial assistance is to be performed. If the competences cannot be determined, the public prosecutor’s office in Vienna is responsible. The practical execution of the measures is performed by the public prosecutor's office who can entrust the criminal police with this duty. The practical execution of the measures is performed by the public prosecutor's office who can entrust the criminal police with this duty.

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.

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

The judicial authority of the requested Member State shall be present during the hearing, where necessary assisted by an interpreter, and shall also be responsible for ensuring both the identification of the person to be heard and respect for the fundamental principles of the law of the requested Member State. If the judicial authority of the requested Member State is of the view that during the hearing the fundamental principles of the law of the requested Member State are being infringed, it shall immediately take the necessary measures to ensure that the hearing continues in accordance with the said principles. According to Art 10 para 7 EU MLA-Convention 2000, the requesting state has to refund costs incurring for interpreters. In general, witnesses are entitled to be accompanied by a person of trust. Minors under the age of 14 or witnesses suffering from mental disorder must be accompanied by such a person. 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.