Interpol
2 December 2008



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Regional activities > European police and judicial systems
Austria
   
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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.

Introduction
  Location
  Area - Population - Language
  Government
Police system
  Law enforcement bodies
  Concise police organization chart
  NCB structure
  International investigations
  Pre-trial police and judicial powers
Judicial system
  General
  Prosecution
Investigation possibilities and international co-operation
  Possibilities
  Access to files (through NCB)
  Liaison officers
Police/Customs co-operation
Miscellaneous
  Public holidays

 

1. Introduction
Top

Top 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.

Top 1.2 Area - Population - Language

  • 83,859 km²
  • 8,107,000
  • German

Top 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. Police system
Top

Top 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.

Top 2.2 Austria - Police Organization Chart

Under construction.

Top 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.

Top 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.

Top 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. Judicial system
Top

Top 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.

Top 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
Top

Top 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

Top 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

Top 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
Top

The Austrian Customs Service is not authorized to conduct criminal investigations.

They can, however, access criminal background information from the central police database.

 

6. Miscellaneous
Top

Top 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    
Last modified on 13 Jul 2005 
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