Questionnaire Austria

I.15 Does the prosecution service have the power to give instructions to the police which cases have to be further investigated and which cases have to be discontinued?

The power to give instructions to stop investigations does only exist within the framework of the legality principle and its exceptions. The same is true if the case does not constitute a criminal offence or there is bar to prosecution by lapse of time etc. The public prosecutor may give the instruction to stop investigations if he is of the opinion that the results already provide a sufficient basis for his decision.