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 ...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

9. federal law, with which the federal law of 15. Feber 1972 on the transition of civil and criminal matters and the change of jurisdiction in the dismissal of county courts changed and the federal law on the organization of the district courts in Graz is repealed

The National Council has decided:

Article 1

Amendment of the Federal Act of 15. Feber 1972 on the transition of civil and criminal matters and the change of jurisdiction in the dismissal of county courts

The Federal Act of 15. Feber 1972 on the transition of civil and criminal matters and the change of jurisdiction in the dismissal of county courts, BGBl. No. 67/1972, as last amended by the Federal Law BGBl. No 10/1991, shall be amended as follows:

1. In accordance with § 2, the following § 2a is inserted:

" § 2a. With regard to the in Graz on the basis of the district courts-ordinances Steiermark, BGBl. II No 82/2002, as amended by the BGBl Regulation. II No 295/2006, with effect from 1. In 2007, a further district court was established (with the designation 'District Court of Graz-West') next to the district court of Graz (with the new official title 'Graz-Ost District Court'), the following applies:

1.

On procedures that are before the District Court of Graz before 1. Since January 2007, the BGBl regulation is the one that has been adopted by the Commission. No 295/2006, even after 31 December 2006, this shall also apply to procedural acts, decisions or orders which have been completed after the final conclusion of these procedures, for example as a result of a decision to terminate the procedure. The invalidity or recovery (§ § 529, 530 f ZPO) or a resumption of criminal proceedings are to be carried out or carried out.

2.

However, the BGBl regulation is based on executive procedures. II No 295/2006 even if they were already pending with the expiry of 31 December 2006.

3.

Furthermore, the Regulation is BGBl. II No 295/2006 on the provision of accommodation, legal and legal proceedings, even if they are already in force before 1 January 2007. Jänner 2007 have been pending. However, if a change of competence is associated with it, the previously competent court shall remain responsible until all before 1. Applications submitted in January 2007 have been completed by a final decision; after that, these proceedings shall be transferred to the competent court. "

2. In § 4 Z 3:

" 3.

Criminal proceedings of the first instance, which are pending at the time of the dismissal of the hitherto superior regional court, has to continue this court, irrespective of the failure of the suspended district court of the court. All decisions or orders after a final conclusion of such proceedings and in all criminal proceedings which have been brought to an end before the dismissal of him have also been brought to a final decision by the higher-ranking regional court. However, an end-to-date procedure of the hitherto higher-ranking regional court is renewed after the dismissal (§ § 292, 359, 362, 363 and 363a of the Criminal Procedure Code 1975 (StPO), BGBl. No 631/1975), the responsibility for the renewed procedure shall be determined in accordance with § 3. In the cases of § 470 Z 3 and § 475 para. 1 StPO, the regional court may also refer the matter to the district court, which is to be held in accordance with Section 3. "

3. According to § 6, the following § § 6a and 6b are inserted:

" § 6a. (1) As far as matters according to a law are assigned to the district court at the seat of a court of justice I. Instance in Graz or in particular the District Court for Civil Rights of Graz, the district court of Graz-Ost is responsible.

(2) As far as matters according to a law are assigned to the district court at the seat of the Court of Justice I. Instance in Linz, the district court of Linz is responsible.

§ 6b. § 2a, § 4 Z 3 and § 6a in the version of the Federal Law BGBl. I No 9/2015 will be 1. Jänner 2015 in force. "

Article 2

Repeal of the Federal Law on the Organization of District Courts in Graz

The Federal Act on the Organisation of District Courts in Graz, BGBl. I No 60/2004 Article I, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 66/2005, will expire on 31 December 2014.

Fischer

Faymann