Measure Implementation

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

Yes. Infiltration by undercover agents is admissible in order to clear up a punishable act. A systemic infiltration by undercover agents over a longer period of time is admissible only to clear up a punishable act, commited with intent, that carries a prison term of more than one year or to prevent a punishable act, that is planned within the framework of a criminal or terrorist association or a criminal organisation and the prevention would otherwise be significantly impeded.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive regarding the European Investigation Order in criminal matters in relation to Member States; otherwise: Convention implementing the Schengen Agreement; Convention on Mutual Legal Assistance between Member States of the European Union (29.05.2000)

Competent Authority

* receive the request/decision for judicial cooperation

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).

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

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. A systemic infiltration by undercover agents over a longer period of time may only be ordered for a period of time that is likely to be required in order to fulfill the purpose, at the longest for a period of three months. However, the order may be repeated as far as the requirements are persisting. Measures shall be ended when 1. their requirements are no longer fulfilled 2. their purpose has been achieved or can no longer be achieved or 3. the public prosecutor orders the termination of the measures. The undercover agent may use false documents to pretend to have another identity. However, in order to enter a third person's premises, they are not allowed to pretend to have access rights; the premise can only be entered with the consent of the owner. 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

NEXT MEASURE

  • Cross-border operations (A.70-A.73)
  • A.70 Cross-border surveillance
next

Export this Judicial Cooperation Measure

File format