Fiches Belges

Under Austrian national law, hearing of witnesses by telephone is not foreseen. However, it is not considered to be contrary to the Austrian fundamental principles of law. If a person is on Austrian territory and has to be heard as a witness or expert by judicial authorities of another Member State, the latter may, where its national law so provides, call the person to be heard. Also, it can request the assistance of Austrian authorities who shall perform the duties listed under Art 11 para 5 of the EU MLA-Convention 2000 whereupon the practical arrangements regarding the hearing shall be agreed between the Member States concerned. When agreeing such arrangements, the requested Member State shall undertake to: (a) notify the witness or expert concerned of the time and the venue of the hearing; (b) ensure the identification of the witness or expert; (c) verify that the witness or expert agrees to the hearing by telephone conference. A hearing may be conducted by telephone conference only if the witness agrees that the hearing takes place in this way. The hearing of a suspect or accused person by telephone, however, is not possible and there is no alternative measure that would achieve the same result.

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 directly by the other Member State's authorities. The practical execution of the measures is performed directly by the other Member State's authorities.

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).

According to Art 11 para 5 in combination with Art 10 para 7 EU MLA-Convention 2000, the requesting state has to refund costs incurring for interpreters. 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.