Questionnaire Austria
I.13 Which coercive measures?
The public prosecutor being dominus litis of the first stage of the pre-trial investigation (the so-called provisional inquiries) orchestrates the police investigations. If the police get to know about an offence, they have to send the report to the prosecution service and then – except for urgent investigations - have to wait for further instructions. In practice, however, in most cases all necessary gathering of evidence is done by the police only, and then the final results are presented to the public prosecutor.
As to the involvement of the public prosecutor (and the court) in cases where special investigation methods or coercive measures are applied. Also the rule is: the more intensive the coercive measures are the higher the judicial authority is whose warrant is needed.
As to the involvement of the public prosecutor (and the court) in cases where special investigation methods or coercive measures are applied. Also the rule is: the more intensive the coercive measures are the higher the judicial authority is whose warrant is needed.
