Fiches Belges

Joint investigation teams, which perform criminal-law investigations, are formed by way of special agreement between the competent authorities of two or several Member States for a specific purpose or for a specific period of time. The purpose, duration and composition of the joint investigation team may be amended with the consent of all Member States involved. A joint investigating team may be formed, in particular, if 1. in investigating proceedings of a Member State difficult and complicated investigations need to be carried to clear up criminal acts that are linked to investigations in other Member States; 2. some Member States are carrying out investigations to clear up criminal offences that require a coordinated and synchronized approach by the Member States involved on account of the underlying facts. A participation of Austrian judicial authorities in a joint investigation team set up in a foreign state is possible if the criminal acts on which the formation is based are also punishable by court according to Austrian law and if the participation also serves the clarification of a criminal act falling under the scope of the Austrian criminal laws.

Article 13 EU 2000 Convention on Mutual Legal Assistance in criminal matters; FD 2002/465/JI

lf criminal proceedings are already pending in Austria: the competent Public Prosecutor. The public prosecutor shall direct a joint investigation team operating in Austria and support it in organizational terms.

German, English, French and - in case of reciprocity, if the requesting state would accept a request in German - also the language of the requesting state.

None (requests in urgent cases shall be marked as urgent).

The information obtained in Austria by a joint investigation team may be used by the authorities of the Member States involved to the extent that it may also have been obtained by way of judicial assistance. Unless the legal provisions of that State in which the joint investigation team became operative do not provide otherwise, the Austrian member may use the information obtained lawfully abroad, to which the Austrian judicial authorities do not have access otherwise, only for the purposes for which the team was formed, as well as to ward off an immediate and serious danger to public safety and security. The consent of that Member State, in which the information was obtained, shall be obtained in advance if the Austrian member is to use the information for other purposes and proceedings.