Use of administrative evidence in criminal proceedings in Austria

• Autores: Daniel Gilhofer
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 4, 2022 (Ejemplar dedicado a: Dynamic Relation between Criminal Law and Administrative/Civil Law), págs. 266-273
• Idioma: inglés
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• Resumen

  • The admissibility of evidence from other proceedings in criminal proceedings is a challenge for the Austrian Code of Criminal Procedure. This is due to the fact that existing provisions first deal with the admissibility of evidence obtained according to the rules of the Austrian Code of Criminal Procedure but hardly regulate the admissibility of evidence collected in accordance with other procedural rules. This raises the question of whether evidence from administrative proceedings can be used in criminal proceedings. In this context, restrictions on the use of evi-dence could result from the concept of evidence in the Austrian Code of Criminal Procedure, from the prohibitions on the use of evidence in administrative and criminal proceedings, from fundamental rights, and from regulations on the transfer of evidence. This article examines different scenarios and analyses the legal situation in Austria on how administrative evidence is dealt with in criminal proceedings.