Fiches Belges

The Austrian implementing law provides for the measures listed in Art 8 (1) a) - f) FD and the measures listed in Art 8 (2) FD except Art 8 (2) a) and e) FD. In addition, the Austrian law provides for the measure of provisional probation assistance, insofar as the person concerned consents to this measure.

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

The regional court with jurisdiction over the place where the person concerned lives or permanently resides; if the sentenced person does not live or permanently reside in Austria, the Regional Court having jurisdiction over the place to which the sentenced person has special ties.

The Republic of Austria accepts certificates in any official language of those Member States which accept certificates in German issued by Austrian authorities.

The court hast to decide on assuming responsibility for monitoring the supervision measure within 20 working days of receipt of the decision and the certificate unless. In case of a legal remedy complaint pursuant to § 104 para. 2 this time limit shall be extended by another 20 working days.

Austria declared that monitoring of supervision measures by the competent Austrian court can be approved irrespective of whether the person concerned has his/her domicile or permanent residence in Austria if, because of specific circumstances, ties exist between the person concerned and Austria of such intensity that it can be assumed that monitoring in Austria will help facilitate the social rehabilitation and reintegration of the person concerned. Austria also applies Article 2(1) of the Framework Decision on the European Arrest Warrant in deciding on the surrender of the person concerned to the issuing State.