Police Reports In Austria: Tourist Access Explained

Austria has a low rate of serious crime, but tourists should still be aware of potential dangers and know how to report a crime if they are a victim. The country has a comprehensive police force with a focus on security, and tourists can report crimes to the police or a public prosecutor, or submit a third-party written report with their signature. It is recommended to get a police report when reporting a crime. If you don't speak German, you have the right to a free interpreter. Austria's ordinary courts are organised into four stages of the Austrian Judiciary: 115 district courts, 20 regional courts, 4 higher regional courts, and the Supreme Court. The Federal Minister of the Interior is the highest law enforcement authority.

Reporting a crime in Austria

If you are a victim of a crime in Austria, you can report it to the police or choose to report it to a public prosecutor. You can also submit a third-party report in writing with your signature. If you are submitting a written report, try to include any possible evidence along with the facts of the crime. You may also want to include your personal details in the report, although this is not a requirement.

If you don't speak German, you have the right to an interpreter free of charge. There is no deadline for reporting a crime, but depending on the crime, if you leave it too long, the police might refuse to look at it. After reporting a crime, you can ask for a reference number. You can use this to get in touch with the officer in charge of your case. Typically, you have the right to access the files pertaining to your case.

As a victim, the police should tell you about your rights and give you details of victim support services. They should also tell you about the possibilities for compensation, which may be from the offender or from the state.

If you are a victim of domestic violence or sexual violence, you must be informed about the release of the offender. If you are reporting a crime of sexual violence, you have the right to ask for a police officer of the same sex. Additionally, you have the right to a private trial. Victim assistance services also include interpretation, funded by the Federal Ministry of Justice.

Rights of victims of crime in Austria

Austria has a comprehensive set of rights for victims of crime, which are outlined in the Victims of Crime Act. These rights are guaranteed to all victims of crime in Austria, including tourists and other foreigners. Here is an overview of the rights and benefits afforded to victims of crime in Austria:

During the Investigation and Trial

As a victim of crime in Austria, you have the right to participate in criminal proceedings and benefit from various rights. You can choose to report the crime to the police or directly to a public prosecutor. If you are not proficient in German, you are entitled to an interpreter free of charge. You may also submit a written report with your signature and include any evidence and facts related to the crime. While providing your personal details in the report is not mandatory, doing so can help the authorities contact you regarding your case. After reporting the crime, you will be informed of your rights and will be provided with details of victim support services. The police will also inform you about the possibilities for compensation from the offender or the state.

Rights During the Trial

During the trial, the court will hold a hearing and examine the evidence presented. Depending on the seriousness of the crime, the case will be heard by a panel of judges or a jury court. As a victim, you have the right to participate in these criminal proceedings and benefit from additional rights and possibilities. You can choose to participate as a victim without a specific legal status or become a civil claimant, a subsidiary prosecutor, or a private prosecutor. If you are a victim of domestic or sexual violence, you must be informed about the release of the offender, and you have the right to request a police officer of the same sex and a private trial. Interpretation services during the trial are also funded by the Federal Ministry of Justice.

Rights After the Trial

The Victims of Crime Act outlines the benefits and entitlements for victims of crime in Austria. These include reimbursement of lost income, therapeutic care, orthopedic care, and the replacement of damaged health aids such as glasses or dentures. Surviving dependents are also entitled to benefits if the offense caused the death of the victim. However, benefits may be excluded if the victim or their dependents were involved in the offense, provoked the offender, or failed to cooperate in the investigation. It is important to note that there are application deadlines and forms to be aware of when applying for these benefits.

Rights of witnesses of crime in Austria

If you witness a crime in Austria, you may need to go in for an interview to give testimony. The only people allowed in the room during your interview are the officials performing the interview, along with your lawyer and a confidant. However, if there is a reason you may not testify at the trial, a magistrate might also be present, along with the offender and their lawyer, and other victims, who are able to ask questions.

You can refuse to answer questions under certain circumstances; for example, if you consider the questions about details of sexual offenses unacceptable, or if you feel the answer would be shameful or cause considerable financial loss. That said, if your testimony is necessary for the case, they can demand an answer.

If you are under the age of 14, you have the right to an interview with a specially trained police officer in the presence of a confidant. Notably, if others are present in your interview, they must not disclose your personal information, such as your home address.

As a witness, you also have the right to an interpreter free of charge if you don't speak German. There is no deadline for reporting a crime, but depending on the crime, if you leave it too long, the police might refuse to look at it. After reporting a crime, you may ask for a reference number. You can then call your corresponding police station and quote this number to get in touch with the officer in charge of your case. Typically, you have the right to access the files pertaining to your case.

Rights of arrestees in Austria

Austria generally respects human rights, and the government takes steps to identify and punish officials who may have committed abuses or engaged in corruption. The constitution and law prohibit torture and other forms of cruel, inhuman, or degrading treatment or punishment, and there were no reports of the government employing these practices.

Arrest Procedures and Treatment of Detainees

Arbitrary arrest and detention are prohibited by law, and the government generally observes these requirements. Arrests are based on sufficient evidence and legal warrants issued by a duly authorized official. The arrested person must be brought before an independent judiciary, charged with a crime, and allowed to challenge the lawfulness of their arrest or detention in court. These rights are respected in practice.

In criminal cases, investigative or pretrial detention is allowed for up to 48 hours, during which a judge can decide to grant a prosecution request for extended detention. Pretrial detention can last up to one year for crimes punishable by less than five years in prison, or up to two years for crimes punishable by more than five years in prison. House arrest may be ordered in certain circumstances.

Detainees have the right to an attorney, and indigent criminal suspects are provided with one at government expense. However, an attorney is only appointed after a court decision to remand the suspect into custody, which can take up to 96 hours after apprehension. Criminal suspects are not legally required to answer questions without an attorney present.

Prison and Detention Center Conditions

Prison conditions generally meet international standards, and the government permits visits by independent human rights observers. However, a report by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment in June highlighted staff shortages leading to longer periods of confinement and insufficient psychiatric care.

There have been some reports of police abuse and the use of unjustified force against prisoners. In 2005, the Council of Europe's Committee for the Prevention of Torture reported a "considerable number" of allegations of police mistreatment of criminal detainees. While the interior ministry investigated these cases, they concluded that none of the accusations could be verified. In September 2023, the government established an office to investigate allegations of police mistreatment within the Federal Corruption Office, which is part of the Ministry of the Interior.

Rights of foreigners in Austria

Austria generally respects human rights, and the government takes steps to identify and punish officials who commit human rights abuses or engage in corruption. However, there are some issues in certain areas. Here is an overview of the rights of foreigners in Austria:

Right to Social Security

Despite calls from civil society organisations, Austria has not adopted a new Basic Act on Social Assistance that complies with human rights laws and standards. There is a lack of a national housing strategy, and the availability of emergency shelters, particularly in Vienna, is insufficient to meet the needs.

Women's and Girls' Rights

There are concerns about the lack of sustainable strategies to prevent violence against women, as 26 suspected femicides were recorded by the end of a year. Abortion has not been fully decriminalised, and access to affordable and safe abortion services is limited as it is excluded from the healthcare system.

Freedom of Peaceful Assembly

Police have prevented journalists from observing and reporting on protests in Vienna. Decision-makers have suggested criminalising climate activists for their forms of protest and civil disobedience, and a pro-Palestinian protest was banned, citing national security concerns.

Freedom of Expression

There is a proposed freedom of information law that falls short of international standards as it exempts most municipalities from actively publishing information of general interest. There has been an increase in attacks on press freedom, and there are also more SLAPP suits against journalists and human rights activists.

Refugees' and Migrants' Rights

Austria has not adopted federal provisions to ensure guardianship for unaccompanied asylum-seeking minors upon their arrival, despite their disappearance. Conditions for migrants awaiting deportation have been described as appalling, dilapidated, and dirty.

Police Accountability

Police accountability for the unlawful use of force remains inadequate. While a police oversight body has been approved, concerns have been raised about its independence. Police officers are still not required to wear identification badges, which impedes accountability.

Right to a Fair Trial

Austria's Federal Administrative Court lacked formal leadership throughout a year, and other high functions within the judiciary remained vacant due to suspected cronyism. The Minister of Justice instructs prosecutors in ongoing proceedings.

Right to a Healthy Environment

Austria's climate action, including the sustainable reduction of carbon emissions, is not on track to reach its targets. Additionally, the government has not adopted a climate action law.

Freedom of Expression, Association, and Peaceful Assembly

The constitution provides for these freedoms, and the government generally respects them. However, there are strict libel, slander, and defamation laws that are enforced and can result in criminal penalties.

Freedom of Religion

The law provides for freedom of religion, and the government generally respects this right in practice. However, there have been reports of societal discrimination against members of unrecognized religious groups, particularly those considered "sects".

Freedom of Movement and Right to Leave the Country

The law provides for these rights, and the government generally respects them in practice. There is no forced exile, and the government provides protection against refoulement.

Protection of Refugees

The government cooperates with humanitarian organisations like the UN High Commissioner for Refugees (UNHCR) to provide protection and assistance to refugees, returning refugees, asylum seekers, and other persons of concern. However, there are concerns about the tracking of unaccompanied children until they are admitted to a provincial care facility, which can take several months.

Temporary Protection

Austria provided temporary protection to approximately 4,025 individuals who might not qualify as refugees.

Status and Treatment of Internally Displaced Persons (IDPs)

As of January, there were 19,863 stateless or unknown citizenship persons registered in the country.

Freedom to Participate in the Political Process

The law provides citizens with the ability to choose their government through free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Women's participation in national government has increased steadily.

Corruption in Government

The law provides criminal penalties for corruption by officials, and the government generally implements this effectively. However, there have been isolated reports of government corruption.

Frequently asked questions