Measure Implementation

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

Courts and public prosecutor’s offices may communicate person-related data without a request for judicial assistance on the basis of an intergovernmental agreement, to the extent that 1. the information relates to acts qualifying for extradition; 2. communicating the information in question to an Austrian court or to an Austrian public prosecutor’s office would also be admissible without a request, and 3. it can be assumed on the basis of specific facts that – on account of the content of the information – it will be possible a) to initiate criminal proceedings in the other State, b) to promote a just initiated proceeding or c) to prevent a criminal act of considerable significance or to avert a direct and serious danger to public security.

Legal Framework

International legal framework applicable for this measure in your Member State

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

Competent Authority

* receive the request/decision for judicial cooperation

Spontaneous information sent to Austria shall be addressed to the public prosecutor’s office with competences for the court district in which the further action shall be taken.

Accepted languages

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.

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

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

Concise legal practical information

Special requirements

-

Last reviewed on 26 August 2022 by EJN Secretariat

NEXT MEASURE

  • Information and documents (A.20 - A.24)
  • A.21 Request to provide documents, objects or information
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