Fiches Belges

A legally-binding custodial sentence or a preventive measure involving deprivation of liberty for life or for a limited period of time imposed on a natural person either staying in the issuing State or in Austria by a court of another Member State on the basis of criminal proceedings, shall be enforced in accordance with the following prerequisites under the terms of this subdivision: 1. independently from the consent of the sentenced person if he or she a) is an Austrian national and has his or her domicile or permanent residence in Austria; b) has his or her domicile or permanent residence in Austria and has fled to Austria in view of the criminal proceedings pending against him or her in the issuing State or following the conviction in this State or otherwise returned there; c) would be deported to Austria after having served the sentence or measure imposed on the basis of an expulsion or deportation order or a restraining order, independently from whether this decision is included in the judgment or has been taken separately by a court or administrative authority consequential to the judgment; 2. with consent of the sentenced person and only in relation to the Member States that have made such declaration, if the sentenced person is not an Austrian national but has been legally residing continuously for at least five years in Austria and does not lose his or her permit as a permanent or long-term resident in Austria due to the conviction; or 3. with consent of the sentenced person if due to certain circumstances the sentenced person has such close bonds to Austria that it can be assumed that the enforcement in Austria would serve the purpose of facilitating the social rehabilitation and reintegration of the sentenced person into society, even if the prerequisites of para. 1 and 2 do not apply, unless the sentenced person loses his or her residence permit in Austria as a consequence of the conviction

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

The regional court having territorial competence based on the place where the sentenced person has his/her domicile or residence. If the person is in judicial detention in Austria it is based on the place where the person is detained. If under these provisions no competent court can be determined, the Regional Criminal Court in Vienna is competent.

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

Unless there is a reason for the postponement of the decision on the enforcement, the decision shall be taken within 90 days from the time the competent court has received the documents. If this time limit cannot be met in exceptional cases, the court shall inform the competent authority of the issuing State giving the reasons for the delay and the time presumably needed for the final decision to be taken.

If an Austrian judicial authority is requested to execute a European arrest warrant, the custiodial sentence or measure imposed by the issuing State shall be enforced in Austria without explicit application by the issuing judicial authority. In such case, the Austrian authorities automatically initiate the proceedings necessary to take over the enforcement of the sentence. Austria declared that in its relations with those Member States that have given the same notification, its prior consent under Article 4(1)(c) is not required for the forwarding of the judgment and the certificate, if the sentenced person lives in and has been legally residing continuously for at least five years in Austria and will retain a permanent right of residence in Austria. Under Austrian national law, there are three different measures invovling deprivation of liberty: 1) Detention in a mental health facility: If a person commits an offence punishable with a term of imprisonment exceeding one year and if the person cannot be punished for the sole reason that the person committed the offence whilst affected by a mental incapacity resulting from a serious mental or psychological abnormality, the court commits the person to a mental health facility, if, having regard to the person’s character, condition, and the nature of the offence, there is reason to believe that the person affected by the mental or psychological abnormality will commit an offence involving serious consequences. 2) Detention in a facility for the treatment of addiction: A person habitually abusing intoxicating or addictive substances who has been convicted for an offence committed under the influence of such substances in connection with the person’s abuse or addiction or in a state of complete intoxication is committed to a facility for the treatment of addiction by the court if, having regard to the person’s character, condition, and the nature of the offence, there is reason to believe that the person will commit an offence involving serious consequences or offences involving more than merely minor consequences in connection with the person’s habitual use of intoxicating or addictive substances. 3) Detention in a facility for dangerous repeat offenders: A person aged 24 years or older who has been sentenced to imprisonment for a minimum of two years shall be detained in a facility for dangerous repeat offenders by the court: 1. if the person’s conviction occurred solely or overwhelmingly because of one or more intentional offences against limb and life, liberty, property of another, offences involving the use or threat of force, offences against sexual integrity and selfdetermination,trafficking of narcotic drugs or one or more intentional offences against public safety; 2. if a person has two prior convictions to imprisonment for more than six months solely or predominantly for offences under subpara. 1 and has thus served a minimum of 18 months in prison prior to the present conviction but after reaching the age of 19 years; and 3. if there is reason to believe that the person will continue to commit such offences involving serious consequences because of a tendency to commit offences of the type specified in subpara. 1 or because the person makes a living mostly from such offences.