The judicial authority of the requested Member State shall be present during the hearing, where necessary assisted by an interpreter, and shall also be responsible for ensuring both the identification of the person to be heard and respect for the fundamental principles of the law of the requested Member State. If the judicial authority of the requested Member State is of the view that during the hearing the fundamental principles of the law of the requested Member State are being infringed, it shall immediately take the necessary measures to ensure that the hearing continues in accordance with the said principles. According to Art 10 para 7 EU MLA-Convention 2000, the requesting state has to refund costs incurring for interpreters.
In general, witnesses are entitled to be accompanied by a person of trust. Minors under the age of 14 or witnesses suffering from mental disorder must be accompanied by such a person.
There shall be compliance with a request for judicial assistance which requires a procedure that differs from Austrian laws on criminal procedure, if this is compatible with the criminal procedure and its principles.