Prisons Reorganisation Act 2014

Original Language Title: Strafvollzugsreorganisationsgesetz 2014

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_13/BGBLA_2015_I_13.html

13 federal law, the prison law, the code of criminal procedure 1975, the Juvenile Court Act, the probation law, the Executive service and recognition signs law and the law intern be changed (prisons reorganisation Act 2014)

The National Council has decided:

Table of contents



Article 1 amendment to the Penal Law article 2 amendment of the code of criminal procedure 1975 article 3 amendment of the Juvenile Court Act article 4 amendment of the Probation Act article 5 amendment of the Executive service and recognition signs law article 6 amendment of the law of intern article 1

Amendment to the penal law

The Prison Act, Federal Law Gazette No. 144/1969, as last amended by Federal Law Gazette I no.  190/2013, is amended as follows:

1. in article 10, paragraph 1, the phrase "The Enforcement Division" is replaced by the phrase "The Federal Ministry of Justice".

2. § 12 including the header is omitted.

3. paragraph 13:

"§ 13 Supreme full authority is the Federal Ministry of Justice; in it, a Directorate-General for the prison system and the enforcement of custodial measures together with the Chefärztlichem service and advisory and Evaluation Office for violence and sex offenders is to set up. The educational institution for the prison system and the implementation of the action is subordinate to the Federal Ministry of Justice as their own organizational unit."

4. in article 14, paragraph 1, the phrase is omitted "the enforcement Directorate and".

5. in article 14, paragraph 3, the phrase "The enforcement Directorate and these" is omitted.

6. in section 14a paragraph 1, the phrase "and the enforcement Directorate" is eliminated.

7. in section 14a paragraph 2 the phrase "or law enforcement Directorate" accounts for after the word "Institute operations" the twist "and the enforcement Directorate" and after the word "Institution".

8. in article 15, the phrase "the Enforcement Division," eliminates b paragraph 1.

9. in § 15c para 1 are in the first sentence the phrase "the Federal Minister for Justice and the Director of the enforcement Directorate as upcoming objectively considering authority" by the phrase "the Federal Minister of Justice" and in the third set, the phrase "the Enforcement Division" replaced by the phrase "the Federal Ministry of Justice".

10. in article 16a para 1 No. 2, the phrase "the Enforcement Division" is replaced by the phrase "of the Federal Ministry of Justice".

11. in article 16a para 1 No. 3, the phrase "the Enforcement Division" is replaced by the phrase "the Federal Ministry of Justice".

12 paragraph 2 deleted § 18.

13. in article 24, paragraph 3, the phrase "the Enforcement Division" is replaced by the phrase "of the Federal Ministry of Justice".

14. in article 25, paragraph 1, the last sentence is omitted.

15. in article 52, paragraph 3, the phrase "with the permission of the enforcement Directorate" is omitted.

16. in article 64, paragraph 2, the last sentence is omitted.

17. in article 78, paragraph 2, the twist "in the law enforcement Division" is replaced by the phrase "at the Federal Ministry of Justice".

18. in article 80, paragraph 2, the phrase "the Enforcement Division" is replaced by the phrase "the Federal Ministry of Justice".

19. in article 84, paragraph 1, the phrase "the Enforcement Division" is replaced by the phrase "the Federal Ministry of Justice".

20. in article 84, paragraph 3, the phrase "the Enforcement Division" is replaced by the phrase "the Federal Ministry of Justice".

21. in article 101, paragraph 2, the phrase "the Enforcement Division" is replaced by the phrase "of the Federal Ministry of Justice".

22. in article 101, paragraph 3, the phrase "the Enforcement Division" is replaced by the phrase "the Federal Ministry of Justice".

23. in article 106, paragraph 3, the phrase is "the enforcement Directorate to report and it has to inform the Federal Ministry of Justice" replaced by the phrase "to report the Federal Ministry of Justice".

24. in article 116, paragraph 1, the phrase "the Enforcement Division" is replaced by the phrase "the Federal Ministry of Justice".

25. in article 121, paragraph 5, the phrase "the Federal Minister for justice" is replaced by the phrase "the Federal Minister of Justice".

26. in article 134, paragraph 1, the phrase "The Enforcement Division" is replaced by the phrase "The Federal Ministry of Justice".

27. in article 134, paragraph 6, the phrase "the Enforcement Division" is replaced by the phrase "the Federal Ministry of Justice".

28. in article 135, paragraph 2, the phrase "the Enforcement Division" is replaced by the phrase "of the Federal Ministry of Justice".

29. in article 161 the phrases "the Enforcement Division" are substituted in the first and second movements by the phrases "the Federal Ministry of Justice".

30 § 181 is added the following paragraph 27 after paragraph 26:

"(27) § 10 para 1, 13, 14 para 1, 14 para 3, 14a para 1, 14a para. 2, 15 b, paragraph 1, 15 c para 1, 16a para 1, 24 paragraph 3, 25 para 1, 52 para 3, 64 para 2, 78 para 2, 80 paragraph 2, 84 para 1 and 3, 101 par. 2 and 3, 106 para 3, 116 para 1" , 121 para 5, 134 par. 1 and 6, 135 para 2 and 161 as amended by Federal Law Gazette I no. 13/2015 with 1 July 2015 into force. § 12 comes at the end of 30 June 2015 override."

Article 2

Amendment of the code of criminal procedure 1975

The code of criminal procedure 1975, BGBl. No. 631/1975, as last amended by Federal Law Gazette I no. 71/2014, is amended as follows:

1. in section 183 subsection 2 and 3 the phrases "the Enforcement Division" are substituted with the phrases "the Federal Ministry of Justice".

2. in section 514, 26 the following paragraph is inserted after paragraph 25:

"(26) section 183, paragraph 2 and paragraph 3 as amended by Federal Law Gazette I no. 13/2015 with 1 July 2015 into force."

Article 3

Amendment of the Juvenile Court Act 1988

The Juvenile Court Act 1988, Federal Law Gazette No. 599/1988, as last amended by the Federal Act Federal Law Gazette I no. 71/2014, is amended as follows:

1. in article 55, paragraph 5, the phrase "the Enforcement Division" is replaced by the phrase "the Federal Ministry of Justice".

2. in article 56, paragraph 1, the phrase "the Enforcement Division" is replaced by the phrase "the Federal Ministry of Justice".

3. in article 57, the phrase "the Enforcement Division" is replaced by the phrase "the Federal Ministry of Justice".

4. in article VIII, g 4 the following paragraph is inserted after paragraph 4 h:

"(4H) §§ 55 ABS. 5, 56 para 1 and 57 in the version of Federal Law Gazette I no. 13/2015 with 1 July 2015 into force."

Article 4

Amendment of the Probation Act

The Probation Act, Federal Law Gazette No. 146/1969, as last amended by Federal Law Gazette I no. 2/2013, is amended as follows:

1. in article 26, paragraph 1 Z 3 accounts for in the first and last movements each the phrases "and the enforcement Directorate".

2. in section 26a para 1, the phrase "The Enforcement Division" is replaced by the phrase "The Federal Ministry of Justice".

3. Section 26a para 2 is as follows:

"The perception of staff responsibilities according to § 2 para 4 of the service law Procedure Act 1984 (DVG), BGBl. No. 29, the issuance of service orders to missions is responsible and (2) the Federal Ministry of Justice. These responsibilities can be transferred from the Federal Minister of Justice to the head or the head of an organizational unit of the private association."

4. in section 26a para 3, the phrase "The Enforcement Division" is replaced by the phrase "The Federal Ministry of Justice".

5. in article 30, the following paragraph 9 is appended after paragraph 8:

"(9) § 26 para 1 No. 3 and 26a in the version of Federal Law Gazette I no. 13/2015 with 1 July 2015 into force."

Article 5

Amending Executive service and character law of recognition of

The Executive service and sign law of recognition of, BGBl. No. 521/1985, amended by Federal Law Gazette I no. 153/2013, is amended as follows:

1. in article 2, para 2 is replaced by the phrase "Minister of Justice" the phrase "Head of the enforcement Directorate".

2. in article 7 the following paragraph 5 is added after paragraph 4:

"(5) § 2b para 2 as amended by Federal Law Gazette I no. 13/2015 1 July 2015 into force."

Article 6

Amendment of the law of intern

The legal intern law, BGBl. No. 644/1987, as last amended by the service law amendment 2013, Federal Law Gazette I no. 210/2013, is amended as follows:

1. in article 6, paragraph 3 the comma by the word is in Z 5 "and" replaced, eliminating the No. 6 and the previous Z 7 receives the name of the number "6.".

2. in paragraph 29, h of the following paragraph 2i is inserted after paragraph 2:

(2i) article 6 par. 3 in the version of Federal Law Gazette I 13/2015 is no. 1 July 2015 in force.

Fischer

Faymann