Austria > Law on the Right of the Home
{ Adopted on: 27 Oct 1862 }
{ ICL Document Status: 27 Oct 1862 }
At the motion of both Houses of My Reichs' Congress, I deem proper to ordain the following for the protection of the rights of the home against infringements by government officials:
A domiciliary visit, that is, a search of a home or the appurtenant premises may, as a rule, only be undertaken on the strength of a judicial warrant stating the reasons. This warrant shall at once or at least within 24 hours be served on the party concerned.
For the purpose of criminal procedure, a domiciliary visit can, should delay be dangerous, also be ordered by court officials, officials of the security authorities, or County chairmen. The individual delegated to execute the order shall be furnished with an authority which he shall produce to the party concerned. For the same purpose, a domiciliary visit can also be undertaken by the security authorities on their own responsibility if a warrant to appear in court or for his arrest is issued against an individual, or if an individual is caught red-handed, qualified as suspect of committing an offence on the score of public pursuit or public reputation, or found in possession of items which indicate participation in such. In both cases the party concerned shall on demand be served at once or within 24 hours with the certification about the execution of the domiciliary visit and the reasons for it.
Domiciliary visits for the purpose of police and financial supervision may be undertaken by officials of these departments only in the cases determined by law. Nonetheless here too the regulations in the foregoing paragraphs hold good with respect to authority for a domiciliary visit and the certification about its execution.
Every domiciliary visit contrary to the preceding provisions undertaken in exercise of office or in line of duty shall in case of malice aforethought be treated as an offence constituting abuse of official authority and in other cases as punishable in accordance with the regulations in Criminal Law as a misdemeanor against the duties incumbent on a government office.
Domiciliary visits for the purpose of police supervision shall, like those for the purpose of criminal court administration, be undertaken in accordance with the regulations for Criminal Law Procedure. The execution of domiciliary visits for the purpose of financial supervision shall take place in accordance with the provisions of the Taxation Penalties Law.
On the occasion of every domiciliary visit where nothing suspicious was established the party concerned shall at its request be furnished with a confirmation to this effect.
The Head of My Ministry of Justice and the Ministers of Police and Finance are charged with the execution of this law.
For methodology see:
Comparing Constitutions and International Constitutional Law.
©
1994 - 27.6.2020
/ For corrections please contact
A. Tschentscher.