The Arrest Affidavit is a critical document in Austrian criminal procedure that must be completed by law enforcement officers following an arrest. It serves as the official record documenting probable cause, circumstances of arrest, and compliance with legal requirements under Austrian law. This document is required whenever a person is arrested and must be prepared in accordance with the Strafprozessordnung (Austrian Code of Criminal Procedure) and relevant constitutional provisions. The affidavit includes detailed information about the arrested person, the offense(s), the basis for probable cause, and confirmation that all proper procedures were followed, including the provision of rights to the arrested individual. It forms part of the official case file and may be scrutinized by courts, defense attorneys, and prosecutors throughout the criminal justice process.
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1. Officer Information: Identifying information of the arresting officer including name, badge number, and department
2. Suspect Information: Complete identification details of the arrested person including name, date of birth, nationality, and current address
3. Date, Time, and Location: Specific details about when and where the arrest took place
4. Probable Cause Statement: Detailed description of the facts and circumstances that established probable cause for the arrest
5. Criminal Offense Details: Specific citation of the violated laws and description of the criminal offense
6. Arrest Circumstances: Detailed account of how the arrest was conducted and any relevant circumstances
7. Rights Notification: Confirmation that the suspect was informed of their rights under Austrian law
8. Evidence Collection: Description of any evidence collected during or immediately after the arrest
9. Officer's Declaration: Sworn statement confirming the truth of the information provided
1. Witness Statements: Summaries of witness accounts if witnesses were present during the incident or arrest
2. Use of Force: Detailed description of any force used during the arrest, to be included if force was necessary
3. Medical Attention: Description of any medical attention provided or refused, if applicable
4. Property Inventory: List of items seized or collected from the suspect, if any
5. Interpreter Details: Information about interpreter services if used during the arrest
6. Special Circumstances: Any unusual circumstances or special considerations during the arrest
1. Photograph Log: List and copies of photographs taken during arrest or of evidence
2. Property Receipt: Detailed inventory of seized items with chain of custody information
3. Medical Report: Any medical documentation if injuries occurred or medical attention was provided
4. Rights Acknowledgment Form: Signed acknowledgment of rights by the suspect
5. Additional Officer Statements: Supplementary statements from other officers involved in the arrest
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