Fundamental Rights
Right to property, liberty and personal security
CROSS-BORDER PROBERTY OFFENCES
Four concrete-mixing lorries valued at about EUR 800,000 were
stolen from a company in South Tyrol (Italy), channelled through
Austria, and probably sold to Southeastern Europe. The Italian
company approached the AOB because the Austrian police
were not investigating properly as the lorries were able to drive
unchecked through Austria.
The stolen concrete-mixing lorries began their trip on the Austrian
motorway at 5:10 a.m., ending it at 7:58 a.m. At 6:15 a.m. the company had reported the theft to the Italian police in South Tyrol. The
police in Austria were informed within the scope of international
police cooperation. The request to search for the stolen vehicles
was made at 6:52 a.m. and by 7:17 a.m. all the information about
the appearance of the lorries, the brand and model, as well as the
licence plates had been forwarded to the Austrian authorities.
Information
Timely intervention by the police, however, failed due to the lack of
cooperation with ASFINAG, the company responsible for collecting
motorway tolls in Austria. The ASFINAG’s "GO-Box“ (electronic toll
system) records precisely down to the minute where lorries are at
any given moment. However, the Austrian security authorities did
not attempt to retrieve the location data of the stolen lorries by way
of a “GO-Box query” to ASFINAG. The law enforcement agencies
believed that ASFINAG would not be willing to provide these data
without an order from the Public Prosecutor. Furthermore the responsible agencies (with the approval of the Federal Ministry of the
Interior) were of the opinion that obtaining the data against the will
of ASFINAG would not be legally possible. The search, which took
place exclusively within the scope of the general patrol duty of the
motorway police, was unsuccessful.
Lack of
available to
the police
cooperation
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