After massive criticism from the Public Prosecutor’s Association, Justice Minister Alma Zadić (Greens) wants to make some changes to the draft new regulations on the seizure of data carriers such as mobile phones. In addition, the assessment period is extended.
Representatives of judges and prosecutors as well as lawyers had recently criticized the short assessment period of just two weeks for the draft amendment to the Code of Criminal Procedure. Public prosecutors also had major objections to the planned organizational separation of the processing and analysis of mobile phone data. This must be carried out by the criminal investigation department, which must set up its own organizational units for this purpose.
The division seems questionable as both parts would be subordinate to the respective departmental management, the state police directorates and ultimately the Minister of the Interior. Prosecutors doubt whether the new arrangement can be reconciled with the federal constitution and the Code of Criminal Procedure. The Public Prosecution Service must therefore lead the investigation; it independently decides on investigations by the criminal investigation department or carries them out itself.
There were fears of “drastic delays in the procedure”.
There are fears of “a drastic delay in the procedure” because the Public Prosecution Service cannot check its relevance before the data carriers have been secured. It is also no longer possible for the Public Prosecution Service to check whether the requested data has been fully backed up and processed.
Especially in urgent cases such as a disaster, a terrorist attack, hostage taking, organized drug trafficking or murder, valuable time is lost until the investigative authorities have the necessary data and there is a risk of loss of evidence, the professional representation warns.
Decision no longer possible in July
“I worked for four and a half years, even in times that were not always easy, to ensure that the rule of law was strengthened and secured,” said Zadic. “I therefore take the experts’ concerns very seriously. I am sure that the ÖVP does that too,” said the minister. However, a planned decision in July is no longer possible.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
