TITLE V
Taking Over the Prosecution of a Case and Surveillance; Execution of Foreign Criminal-Court Decisions

CHAPTER THREE
Execution of Foreign Criminal-Court Decisions

Prerequisites
§ 64. (6) Moreover, the execution of a decision a foreign court imposing confiscation or seizure with final and enforceable effect shall only be admissible if the objects or property items covered by the decision are located in Austria and the person concerned has been heard, to the extent that he/she can be contacted.

(7) Fines, forfeited property items and seized and confiscated objects shall accrue to the Federal State.

Chapter III
Recognition and Enforcement of Judicial Decisions

Part Two
Execution of Decisions on Seizure by Member States

Prerequisites
§ 45. (1) With regard to the relation with Danmark and Ireland a decision on seizure of means of evidence can be taken or executed because of criminal acts carrying court punishment according to the law of the deciding State and, subject to the provision of para. 3, according to the law of the executing State.

(2) With regard to the relation with all other Member States of the European Union a decision on the freezing of property that might subsequently become subject to an order relating to property rights may be issued or executed because of criminal acts that allow freezing according to the law of the deciding State and of the executing State.

(3) For a decision pursuant to para. 1 or 2 double criminality need not be verified if the offence underlying the freezing order was assigned to one of the categories of offences listed in Annex I and carries a maximum custodial sentence of at least three years according to the law of the issuing State.

(4) The freezing order will only be executed if it is accompanied by a certificate in the form shown in Annex III. If the certificate is incomplete, or if it obviously does not correspond to the freezing order, the issuing judicial authority may be set a time limit for completing or correcting the information, if the available documents are not sufficient for a decision on the execution of the freezing order.