Fiches Belges

Generally, enforcement of a financial penalty is possible on the basis of a final decision by a court in another member state, which imposes a monetary sanction on account of a criminal offense under the law of that state. The following decisions are considered as equal to such a decision: 1. the decision of another judicial authority, in particular a Public Prosecutor's Office, if the person concerned had the opportunity to bring the matter to a court which is also competent in criminal matters, as well as 2. the decision of a court that is also competent in criminal matters, which has been appealed against a decision made by a non-judicial authority because of an criminal or administrative offense that is punishable under the law of the issuing state. Mandatory grounds for refusal are especially: 1. if the financial penalty does not reach the amount of 70 euros or its equivalent, 2. if a final decision in Austria or a final decision that has already been enforced in another country has been made against the person concerned because of the act on which the decision is based, 3. if the enforcement of an act on which the decision is based and which is subject to Austrian criminal law has become statute-barred under Austrian law; 4. if the decision was made in a written procedure and the person concerned has not been informed personally or via a representative authorized under the law of the issuing state of the existing possibilities for appeal and the applicable time limits; However, there are more specific mandatory grounds of refusal, which may be applicable. If the decision was given in the absence of the person concerned, there are special procedural requirements which must have been met.

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (in the follwing: FD).

Decisions according to Art 1 a) i) FD) or according to Art 1 a) ii) FD if made by another judicial authority (e.g.: Public Prosecutor's Office) or decisions according to Art 1 a) iv) FD: Regional Court of the domicile or the residence of the person who is the subject of the pecuniary sanction; in the event of an association: Regional Court of the registered office or the place of operation or the residence of the association. If these locations cannot be determined, the place where the assets subject to the decision are located is decisive. If the competences of a specific court cannot be determined, the Regional Court for Criminal Matters Vienna has jurisdiction. Decisions according to Art 1 a) ii) if made by non-judicial authorities and according to Art 1 a) iii) except if made by tax or customs authorities: Competent Austrian district administrative authorities or state police departments ("Bezirksverwaltungsbehörden" or "Landespolizeidirektionen" in some cities) of the domicile or the residence of the person who is the subject of the pecuniary sanction; in the event of an association: Regional Court of the registered office or the place of operation or the residence of the association. If these locations cannot be determined, the place where the assets subject to the decision are located is decisive. Decisions according to Art 1 a) ii) and according to Art 1 a) iii) if made by tax or customs authorities: Austrian tax and customs offices of the domicile or the residence of the person who is the subject of the pecuniary sanction; in the event of an association: Regional Court of the registered office or the place of operation or the residence of the association. If these locations cannot be determined, the place where the assets subject to the decision are located is decisive.

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

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Dual criminality must be established except for list offences. The proceeds from enforcement shall accrue to the Austrian State, unless an arrangement to a different effect has been reached with the deciding State.