Fiches Belges

A superficial body search is admissible if that person 1. was arrested or caught in the act of committing a punishable act, 2. is suspected of a punishable act and it is to be expected, that he/she is carrying objects that are subject to seizure, or that he/she has traces with him/her, 3. might have suffered injuries which are due to a punishable act, or experienced other changes on his/her body, the determination of which is required for the purposes of criminal proceedings. A physical examination is admissible if 1. it is to be assumed on the basis of certain facts that a person has left traces the seizure and investigation of which is of substantial value for the purpose of the investigation of a criminal offence, 2. it is to be assumed on the basis of certain facts that a person conceals objects in his/her body which are subject to seizure or 3. facts, which are of decisive importance for the investigation of a criminal offense or for the evaluation of the suspect's responsibility, can not otherwise be ascertained. A physical examination is also admissible for persons belonging to a group of persons that can be individualized by certain characteristics, if it is to be assumed on the basis of certain facts that the perpetrator is part of this group of persons and the clearing up of a punishable act that carries a prison term of more than five years or of a punishable act against sexual integrity and sexual self determination (10th section of the Austrian Criminal Code) that carries a prison term of more than three years would otherwise be much more difficult. In order to clear up a punishable offence, it is further possible to examine biological traces (DNA matching). Therefore, the public prosecutor's office entrusts an expert. For further information on how to appoint such expert please see measure A.43.

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 request shall be sent to 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) and/or a medical doctor.

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. Surgery and all procedures that could cause damage to the health for more than three days are inadmissible. Other interventions may be carried out only if the person to be examined expressly agrees to such mesures after having been informed about their possible consequences. Without the consent of the person concerned, a blood sample or a similar minor procedure is admissible if 1. the person is suspected a) of having committed an intentional threat to humans from communicable diseases or b) of having committed an offense against life and limb by performing a dangerous activity under the influence of alcohol or other intoxicating substances; or 2. the physical examination of the accused is required to clear up a punishable act that carries a prison term of more than five years or a a punishable act against sexual integrity and sexual self determination (10th section of the Austrian Criminal Code) that carries a prison term of more than three years. 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.