Fiches Belges

Information about the data of a message transmission is admissible 1. in cases of kidnapping 2. in order to clear up a punishable act, committed with intent, which carries a prison term of more than six months, and if the owner of the technical equipment, which was or will be the source or the target of a message transmission, expressly agrees to it, or 3. in order to clear up of punishable act, committed with intent, which carries a prison term of more than one year, and if it is to be assumed that data concerning the accused can thus be obtained. 4. if it is to be expected, on account of certain facts, that the whereabouts of a fugitive or absent accused may be determined, who is urgently suspected of a punishable act, committed with intent, that carries a prison term of more than one year.

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. Investigative measures may only be ordered for such a period of time that is likely to be required in order to fulfil the purpose. Another order is admissible in every case, whenever it is to be expected on account of certain facts that the further performance of an investigative measure will lead to success. Moreover, the investigative measure shall be ended as soon as its requirements have ceased to apply. Orders and court authorizations shall indicate the designation of the proceedings, the name of the accused, the offence of which the accused is suspected of having committed and its statutory designation, as well as the facts from which it results that the order or the authorization is required and proportional in order to clear up the offence. In addition, the order shall also contain the following: 1. the name or other identification features of the proprietor of the technical device that was or will be the origin or target of a message communication, or of the person whose surveillance is being ordered, 2. the premises envisaged to carry out the investigative measure, 3. the type of message communication, the technical equipment and the terminal device, or the type of the technical means that is likely to be used for the optical and acoustic surveillance, 4. the time when the surveillance begins and ends; 5. the premises which may be entered on the basis of the order. After the end of the investigative measure, the public prosecutor's office shall immediately serve its order to the accused and those affected by the execution of the investigative measure. However, service can be postponed as long as it would jeopardize the purpose of the current or any other criminal proceeding. 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.