Questionnaire Austria
I.6 What influence can the prosecution service apply?
As the public prosecutor is dominus litis of the provisional inquiries the police are obliged to follow his requests. So if the police think further investigations in a concrete case would be futile and therefore would not want to continue to investigate the public prosecutor can request further investigations if he is of the opinion that this would be necessary.
The request not to investigate, of course, is limited by the traditionally strict principle of legality.The prosecution service does not issue guidelines as to the choice which crimes to investigate or not or set priorities in this respect.
The request not to investigate, of course, is limited by the traditionally strict principle of legality.The prosecution service does not issue guidelines as to the choice which crimes to investigate or not or set priorities in this respect.
