Fiches Belges

The freezing of bank accounts is considered to be a subtype of seizure under Austrian law. It is admissible if it appears to be necessary 1. for reasons of evidence, 2. to secure private law claims, or 3. to secure the skimming off of an enrichment, a forfeiture, a recovery or another property-law order stipulated by law.

Directive regarding the European Investigation Order in criminal matters in relation to Member States as regards freezing of evidence; Regulation (EU) 2018/1805 on the mutual recognition of freezing orders and confiscation orders as regards freezing of property; otherwise: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence; European Convention on Mutual Assistance in Criminal Matters (20.04.1959); 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 (criminal police).

German, Englisch, 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.