| The following pages are intended to be used as a reference guide and as general information about police and judicial systems in Interpol member countries in the European region. To facilitate understanding and make comprehension and comparison easier, the data from all contributing countries is presented in the same format. Police officers involved in international law enforcement matters especially should be aware of the many differences in police and judicial systems in Europe. This information will serve to aid this endeavour and hopefully promote greater efficiency in international police co-operation. |
1.1
Location
The Republic of Austria lies in central Europe, bordered by Switzerland and
Liechtenstein to the west, Germany and Czechoslovakia to the north, Hungary
to the east, and Italy and Slovenia to the south.
1.2
Area - Population - Language
- 83,859 km²
- 8,107,000
- German
1.3
Government
Austria is a Federal Republic. Legislative power is vested in a bicameral Federal
Assembly. The First Chamber is the 'Nationalrat' and the second the
'Bundesrat'.
The Federal President, elected for six years is the Head of the State and acts
on the advice of the Council of Ministers, which is led by the Federal Chancellor
and which is responsible to the 'Nationalrat'. Each of the nine provinces
has its own provincial assembly.
2.1
Law enforcement bodies
Criminal investigations - Austrian Criminal Intelligence Service ('Bundeskriminalamt'
- B.K- Interpol Vienna)
The Directorate General for Public security
The Directorate General for Public Security is part of the Federal Ministry
of the Interior. The Directorate is divided into sections as follows:
A: Federal Police
B: Supreme Command of the Gendarmerie
C: State Security
D: Criminal Investigations - Interpol.
The Federal Police
The Austrian Federal Security Guard developed from the civilian security force
introduced in the years following the 1848 revolution to replace the previous
military police force
Criminal Investigation Department
Responsible for obtaining information, investigating crimes, shadowing suspects
and tracing wanted persons.
The Federal Gendarmerie
Organized on a military basis, the Gendarmerie is an armed, uniformed force
under the command of the Directorate General for Public Security.
There are eight provincial Gendarmerie commands (one for each Land except Vienna).
Municipal Police Forces
Some Austrian municipalities still maintain their own police forces to provide
local security services. Austrian constitutional law stipulates that provinces
or municipalities may not set up any other security forces in areas policed
by a federal police authority, with attached federal security guard units.
2.2
Austria - Police Organization Chart
Under construction.
2.3
NCB structure
The newly formed Austrian Criminal Intelligence Service (ACIS) is both the
headquarters of the national criminal investigation services and the Austrian
NCB of Interpol. It is headed by a Director, who reports to the Directorate
General for Public Security, which in turn forms Division II of the Federal
Ministry of the Interior.
A Single-Point-of-Contact office (SPOC), within ACIS, is available 24 hours
a day and provides the gateway for international law enforcement enquiries and
the exchange of intelligence. In addition, ACIS operates central specialist
units investigating general crime, drug-related crime, organized crime, immigration
crime and human trafficking, as well as units dealing with fugitive apprehension,
surveillance operations, forensic science, and international co-operation. These
units have full authority over subordinate services in criminal investigation
matters.
2.4
International investigations
Each ACIS unit quoted at the item 2.3 acts as the central contact point for
matters relating to corresponding international enquiries.
2.5
Pre-trial police and judicial powers
|
Police
|
Prosecutor
|
Magistrate/Judge
|
| Identity check |
X
|
|
|
| Arrest |
X
|
|
|
| Questioning |
X
|
|
|
| Detention by police |
|
X
|
|
| Custody (on judicial order) |
|
|
X
|
| Search of person |
X
|
X
|
|
| Search of premises |
X
|
X
|
X
|
| Confiscation of property |
X
|
X
|
|
3.1
General
The ordinary federal courts include District Courts, Regional Courts, Criminal
Courts of Assize, Courts of Appeal and the Supreme Court. District Courts and
Regional Courts try both civil and criminal cases. Each District Court covers
an area extending over one or more communes; each Regional Court covers several
District Courts. The Courts of Appeal each cover two or more lower courts.
3.2
Prosecution
Prosecutions are brought by the staff of the Public Prosecutor's Office.
This Office is completely independent of the courts themselves.
The individual members of the Public Prosecutor's Office attached to the lower
courts report to senior Public Prosecutors, who in turn, and together with the
Attorney General at the Supreme Court, report to the federal Ministry of Justice.
In carrying out their duties, Public Prosecutors are authorized to have direct
contact with, and enlist the support of, police authorities, other authorities
of the Bund and the Bundesländer, as well as the local authorities.
| 4. Investigation possibilities and international
co-operation |
|
|
4.1
Possibilities
|
Y/N
|
Remarks
|
Telephone tracing
|
Y
|
|
Telephone tapping
|
Y
|
|
Bugging public premises
|
Y
|
|
Bugging other premises
|
Y
|
|
Bugging homes
|
Y
|
|
Electronic surveillance
|
Y
|
|
Surveillance
|
Y
|
|
Pseudo-buying
|
Y
|
|
Controlled delivery
|
Y
|
|
Infiltration
|
Y
|
to a certain extent |
| Witness protection |
Y
|
|
4.2
Access to files (through NCB)
|
Y/N
|
Response time
|
Remarks
|
|
Wanted persons
|
Y
|
Immediate |
on line |
|
Missing persons
|
Y
|
Immediate |
on line |
|
Stolen motor vehicles
|
Y
|
Immediate |
on line |
|
Stolen property
|
Y
|
Immediate |
on line |
|
Criminal records
|
Y
|
Immediate |
on line |
|
Fingerprints
|
Y
|
>1 week |
|
|
Photographs of criminels
|
Y
|
>1 week |
|
| Serving prisoners |
Y
|
MO-FR within 1 day |
decent. |
|
Listed telephone subscribers
|
Y
|
>1 day |
decent. |
|
Unlisted telephone subscribers
|
Y
|
>1 day |
decent. |
|
Vehicle owners and registrations
|
Y
|
Immediate |
|
|
Passports
|
Y
|
MO-FR within 1 day |
decent. |
| Company registers |
Y
|
Immediate |
on line |
| Driving licences |
Y
|
1 day to 1 week |
decent. |
| National register / Electoral roll |
Y
|
>1 week (Vienna 2 hours) |
|
| Bank accounts |
N
|
|
|
| Tax information |
N
|
|
|
4.3
Liaison officers
4.3.1 Austrian liaison officers posted abroad
Brussels (permanent representation at the European Union), The Hague (Europol), Italy, Jordan (Syria, Lebanon), Croatia, Morocco, Poland, Romania, Serbia and Montenegro, Slovakia, Slovenia, Czech Republic, Turkey, Hungary, Ukraine.
4.3.2 Foreign liaison officers posted to Vienna
Canada, United States (Drug Enforcement Agency, Department of Homeland Security, Customs, Immigration, Federal Bureau of Investigation), Turkey, Belgium, Italy, France, Romania, Bulgaria, Germany, Slovakia.
| 5. Police/Customs co-operation |
|
|
The Austrian Customs Service is not authorized to conduct criminal investigations.
They can, however, access criminal background information from the central
police database.
6.1
Public holidays
- New Year's Day (1st January)
- Epiphany (6th January)
- Easter Monday
- Labour Day (1st May)
- Ascension Day
- Whit Monday
- Corpus Christi
- Assumption (15th August)
- National Day (26th October)
- All Saints Day (1st November)
- Immaculate Conception (8th December)
- Christmas (25th December and 26th December).
| Regional activities - European police and judicial systems
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