Fiches Belges

Upon request by a Member State or in agreement with another Member State a controlled delivery through Austria or from Austria to another Member State is admissible if 1. the reasons underlying the controlled delivery or the foreign criminal proceedings meet the prerequisites for issuing a European arrest warrant, and 2. the controlled delivery will promote the clearing up of such offences or the exploration of a person who is involved in committing the offences in more than a subordinate position. A controlled delivery cannot be granted if 1. it might cause a serious risk to the life, health, physical integrity or freedom of a person, on account of the special properties of the goods or the group of offenders, 2. it were to violate the prohibition of using evidence obtained as a result of illegal incitement by an agent provocateur, or 3. the further surveillance of the transport, as well as access to it does not appear to be secured in the other State.

Article 12 EU 2000 Convention on Mutual Legal Assistance in criminal matters

The public prosecutor’s officer in whose court district the border is most likely to be crossed. In the case of an observation by an aircraft flying to Austria, however the public prosecutor’s office shall be responsible in whose court district the aircraft is to land. If the competences cannot be determined on the basis of the present provisions, the public prosecutor’s office in Vienna shall be responsible. The practical execution of the measure is performed by security authorities (police) or fiscal authorities and customs offices.

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. The intervention of foreign agents is subject to authorization by the competent Public Prosecutor's Office.