Fiches Belges

Every person, who has in his/her disposing power objects or property items that are to be seized, shall be obliged to release them, when so requested by the criminal police, or to facilitate the seizure in any other way. This also includes the submission of written documents. This obligation may be enforced, if necessary also by way of a search of person or premises (for the applicable prerequisites see answers to A.40). If information saved on data carriers is to be seized, everybody shall grant access to the information and hand over or have produced an electronic data carrier in a generally customary data format, when so requested. Moreover, he/she shall suffer the production of a back-up copy of the information saved on the data carriers. Seizure is admissible if it appears to be necessary 1. for reasons of evidence, 2. to secure private law claims, or 3. to secure the skimming off of an enrichment, a forfeiture, a recovery or another property-law order stipulated by law. Seizure of electronic data is also possible. After seizure a confiscation is possible for the same reasons. In case of refusal to produce documents, they can also be obtained by a search warrant.

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. The practical execution of the measures is performed by security authorities (police).

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).

Dual criminality is required. A request for ordering and performing the investigative measure shall comprise a copy, a certified copy or a photostat copy of the order of the competent authority. If this is not a court order, the authority requesting judicial assistance shall present a statement explaining that the prerequisites required for such measures are met under the law applicable in the requesting State. 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.