Austria
Criminal investigations in Austria
The prosecution leads the investigation; the criminal police investigate but must follow the orders of the prosecution and the court.
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Criminal investigation in Austria is led by the prosecution. Under the Code of Criminal Procedure, "the public prosecutor leads the investigation and decides on its course and termination" (§101(1)). The criminal police (Kriminalpolizei) investigate ex officio or on report, but must follow the orders of the prosecution and the court (§99(1)). So the police carry out the investigative work under the prosecution's direction — the same magistrate-directed pattern found across the civil-law systems on this site.
The same idea, explained generally
- What is a criminal investigation?
A criminal investigation is a legally authorised process for establishing whether an offence occurred and gathering evidence that can be tested in court. This guide explains its structure, safeguards, and known failure modes.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
Code of Criminal Procedure (Strafprozessordnung, StPO), consolidated
Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt (Austria) · Legislation · link verified 2026-07-26
The consolidated Austrian Code of Criminal Procedure (RIS). Supports §101(1) — "Die Staatsanwaltschaft leitet das Ermittlungsverfahren und entscheidet über dessen Fortgang und Beendigung" (the public prosecutor leads the investigation and decides on its course and termination) — and §99(1) — the criminal police investigate ex officio or on report but must obey the orders of the prosecution and the court. Establishes that the prosecutor directs the investigation and the criminal police act under that direction.