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Judicial cooperation measure
for
A search of homes is admissible if it is to be expected, on account of certain facts, that a person is hiding there, who is suspected of a punishable act, or that objects or traces are there, which must be secured or processed.
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 (criminal 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.
Last reviewed on 26 August 2022 by EJN Secretariat
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