Amendment Of The Federal Law About The Transition Of The Civil And Criminal Matters And The Change Of Jurisdiction Over The Dissolution Of District Courts, As Well As Repeal Of The Federal Law On The...

Original Language Title: Änderung des Bundesgesetzes über den Übergang der Zivil- und Strafsachen und die Änderung der Zuständigkeit bei der Auflassung von Bezirksgerichten sowie Aufhebung des Bundesgesetzes über die ...

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_9/BGBLA_2015_I_9.html

9 Federal law, the Federal law changed from the 15th of February 1972 on the transition of civil and criminal cases and the change of jurisdiction over the dissolution of district courts and repealed the Federal law on the Organization of the district courts in Graz

The National Council has decided:

Article 1

Amendment of the Federal law of 15 February 1972 on the transition of civil and criminal cases and the change of jurisdiction over the dissolution of district courts

The Federal law of 15 February 1972 on the transition of civil and criminal cases and the change of jurisdiction at the dissolution of the district courts, Federal Law Gazette No. 67/1972, as last amended by Federal Law Gazette No. 10/1991, is amended as follows:

1. pursuant to article 2, the following paragraph 2a is inserted:

'Article 2a. In terms of in Graz on the basis of the district courts regulation Styria, Federal Law Gazette II No. 82/2002, amended by regulation Federal Law Gazette II No. 295/2006, with effect from 1 January 2007 were further District Court (with the official title of 'District courts of Graz-West') in addition to the district courts of Graz (with the new title of 'District courts Graz-OST'), in addition the following applies:



1. in proceedings which have become pending in the District Court of Graz before January 1, 2007, which is II No. 295 / 2006 carried out adaptation by regulation BGBl. even after the 31 December 2006 not to apply; This also applies to procedural acts, decisions or orders which are going to be after the final completion of this procedure - such as the result of a nullity or complaints (§§ 529, 530 f ZPO) or a recovery of criminal proceedings - or be made.

2. enforcement regulation Federal Law Gazette II No. 295/2006 however is to apply, even if they were already pending at the end of December 31, 2006.

3. is regulation Federal Law Gazette II No. 295/2006 on housing, maintain economic and Sachwalterschaftsverfahren even to apply, if they already have become pending prior to January 1, 2007. A change of jurisdiction thus associated, previously competent court remains however continue responsible until all applications submitted before January 1, 2007 have been done legally. After these procedures to transfer the jurisdiction are."

2. in section 4, Z 3 reads:



"3. criminal proceedings of first instance, which are still pending at the time of the conveyance at the far higher regional court has this Court, despite the resignations of the District of the former District Court, to continue. All decisions or orders claims to previously parent District Court after final termination of such procedures and in all criminal proceedings which ended legally before the abandonment by him. A finished process of so far higher regional court renews however after the dissolution (sections 292, 359, 362, 363 and 363a of the code of criminal procedure (StPO), Federal Law Gazette 1975 No. 631/1975), so the responsibility for the renewed procedure according to § 3. In the cases of § 470 Z 3 and § 475, paragraph 1 StPO can the District Court the case also to be recorded according to the § 3 District Court reference."

3. According to § 6, following articles 6a and 6B are inserted:

'Article 6a. (1) as far as Affairs instance in Graz or particular district court in civil law matters Graz are assigned according to a law the District Court at the seat of a Court of Justice I, the District Court of Graz-OST is responsible.

(2) as far as Affairs instance in Linz are assigned to the District Court at the seat of the Court of justice I. According to a law, the District Court of Linz is responsible.

"section 6 b. § 2a, § 4 No. 3 and § 6a as amended by Federal Law Gazette I no. 9/2015 come with 1 January 2015 in force."

Article 2

Repeal of the Federal law on the Organization of district courts in Graz

The Federal law on the Organization of the district courts of Graz, Federal Law Gazette I no. 60/2004 article, most recently amended by the Federal Act Federal Law Gazette I no. 66/2005, occurs at the end of 31 December 2014 override.

Fischer

Faymann