Amendment Of The Federal Act On Judicial Cooperation In Criminal Matters With The Member States Of The European Union (Eu-Jzg), Of The Extradition And Mutual Legal Assistance Act (Arhg) And The St...

Original Language Title: Änderung des Bundesgesetzes über die justizielle Zusammenarbeit in Strafsachen mit den Mitgliedstaaten der Europäischen Union (EU-JZG), des Auslieferungs- und Rechtshilfegesetzes (ARHG) und des Str...

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_107/BGBLA_2014_I_107.html

107. Federal law, the Federal law on judicial cooperation 1968 be changed in criminal matters with the Member States of the European Union (EU-JZG), the extradition and mutual legal assistance Act (ARHG) and the criminal records Act (EU-JZG ÄndG 2014)

The National Council has decided:

Table of contents article 1 amendment of the EU-JZG article 2 change of the ARHG article 3 amendment of the criminal records Act 1968 article 4 entry into force article 1

Change of the EU-JZG

The Federal Act on judicial cooperation with the Member States of the EU (EU-JZG), Federal Law Gazette I no. 36/2004, amended by Federal Law Gazette I no. 175/2013, is amended as follows:

1. in the table of contents the VI. is the main piece for the 7th main piece, sections 122 to 124 received the designation 138 to 140, § 125 is named § 142, and it adds the following new VI. main piece along with headings after § 121: "VI. main piece recognition European protection orders in criminal matters of first section recognition of decisions of other Member States article 122 conditions § 123 application of the protected person § 124 inadmissibility of recognition of § 125 jurisdiction § 126 procedure § 127 decision § 128 communication obligations of the executing state § 129 legal consequences of a breach in the executing State, § 130 jurisdiction" "of the issuing State § 131 consequences of a change of the European protection order section 132 removal orders § 133 granted costs second section obtaining recognition in another Member State paragraph 134 issuing a European protection order section 135 referral to another Member State article 136 amendment or withdrawal of the European protection order section 137 responding to requests from" 2. In the table of contents is inserted after section 140: "§ 141 transposition of directives of the European Union ' 3. At the end of the table of contents is added:

"Annex XV European protection order pursuant to article 7 of the directive 2011/99/EC of the European Parliament and of the Council of the 13.12.2011 on the European protection order"

"Annex XVI form referred to in article 12 of Directive 2011/99/EC of the European Parliament and of the Council of the 13.12.2011 on the European protection order (report a breach of the measures adopted on the basis of the European protection order)"

4. in section 1 para 1 No. 1 does not apply in lit. e the word "and" in lit. (f) the point be replaced by a semi-colon and the word "and" are inserted; following lit. g shall be added: g) recognition of European protection orders and grant national arrangements.

5. § 2 Z 3a inserted into "hit" the twist "or the State in the a protective measure ordered, issued a European protection order on the basis of" after the word.

6. in section 2, Z 7 is the point at the end of lit. g replaced by a semicolon and it is following lit. h added: "h) which a European protection order for the purpose of recognition and grant national arrangements; to propagate"

7. in article 2, the point is replaced by Z 11 a semicolon at the end and 11 following Nos. 12 and 13 are attached to Z: "12"European protection order"a a judicial authority or other competent authority of a Member State relating to a protection measure (Z 13) issued by arrangement, on the basis of which the competent authority of another Member State issuing fiats to the continuation of the protection of the protected person in that Member State under national law;

13 a "Protective measure" in the issuing State in case a criminal decision, of a natural person ("dangerous person") one or more orders are granted to another person ("protected person") before an offence against their dignity, their lives, their physical or mental integrity, to protect their personal freedom or their sexual integrity."

8. in § 5a the following sentence is added at the end:

"§ 5 section 6 is to be applied."

9 § 39 para 1 subpara 1 is: "(1. unabhängig von der Zustimmung des Verurteilten, wenn dieser a) has Austrian citizenship and has his domicile or permanent residence in the national territory;"

(b) residence or permanent residence in the country has and there in regard to that against him in the issuing State pending criminal proceedings or the judgment in this State, fled or otherwise returned

(c) on the basis of a decision of expulsion, a removal order or a residence ban, regardless of whether this decision in the judgment or a judicial or administrative decision made as a result of the ruling is included after the end of the criminal law or measure execution after Austria deported;"

10. in article 39, paragraph 1 Z 3 are the point replaced by a comma and appended the phrase "If the convicted person does not lose the conviction. his right of residence in Austria".

11. in section 41i para 3 the bracket expression is correctly (annex VII)

12 section 41j Z 1 is in the words "this federal law exist in" the clip originally posted "(§ 5 Abs. 4)" inserted.

13 § 42 para 1 subpara 1 is: "(1. unabhängig von der Zustimmung des Verurteilten, wenn dieser a) the nationality of the executing State and that State has his domicile or permanent residence;"

(b) residence or permanent residence in the State of enforcement has and there in regard to that against him at home pending criminal proceedings or the judgment in Austria; fled or otherwise returned

(c) on the basis of a decision of expulsion, a removal order or a residence ban, regardless of whether this decision in the judgment or a judicial or administrative decision made as a result of the ruling is included after the end of the criminal law or measure execution in the executing State deported;"

14. in section 42 b paragraph 4 are no. 4 and the final part: "4. in the event that the offender is already in the State of enforcement, the filled-in form to inform the sentenced person (annex VIII) to submit."

15. in section 42c Z 2 be replaced "two thirds" by the words "the half".

15A. the following paragraph 3 is added in article 57:

"(3) the request for assistance but relates to an act which to judge would be under Austrian law as a financial crimes falling within the competence of the financial law enforcement, the request of the competent authority of the financial penalty is to step down, and to inform the requesting authority thereof."

16 the following paragraph shall be added to § the 59a:

"(3) the notification has to be made, unless this is not declared to accept messages in German language in one of the official languages of that other Member State."

17. in paragraph 59 b is replaced by the phrase Member State - which must be translated into the German language, unless this Member State is not declared to accept messages in German language - the word 'Member State'; the point at the end is by the phrase "; § 59a section 3 is to be applied."replaced.

18 VI. main piece is for the 7th main piece, the sections 122 to 124 be the designation of § 142 called sections 138 to 140 and section 125, and main piece is inserted after section 121 the following VI.:

"VI. main piece

Recognition of European protection orders in criminal matters

First section

Recognition of decisions of other Member States

Prerequisites

122. (1) was a protective measure ordered in the course of proceedings pending in another Member State by a judicial authority or other competent authority for the protection of a natural person who has their domicile or residence in the country or wants to move inland, and adopted on the basis of a European protection order, so this is recognised on request of the issuing State in accordance with this section in the domestic , and which allowed arrangements to continue protection of the protected person be granted under Austrian law in a similar case.

(2) protective measures within the meaning of section 1: 1 in or where the protected person is the prohibition of entering certain premises, places or defined areas or searching on that;

2. the prohibition or control of any form of contact - by phone, electronically, by mail, fax or by other means - with the protected person; and 3 the prohibition to approach the protected person to a width less than the prescribed distance, or an instruction of similar content.

Application of the protected person in Germany

section 123. A request by the protected person in an Austrian Court for issuing a European protection order relating to a protection measure ordered in another Member State is to submit as soon as possible to the competent authority of the issuing State.

Inadmissibility of recognition

section 124. The recognition of a European protection order is not allowed, 1 if the conditions for recognition and monitoring in Germany after the 5th main piece or for a recognition and enforcement according to a.

Regulation (EC) No 44/2001 on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 2001/12, 1 b of Regulation (EC) No. 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) No 1347/2000, OJ L 2003/338, 1, c. the Hague Convention of 19 October 1996 on jurisdiction, the applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children, BGBl. III No 49/2011, or d. the Hague Convention of 25 October 1980 on the civil aspects of international child abduction, BGBl. No. 512/1988, are available;

2. If the protected person in the country has no domicile or residence and also in the domestic set won't it;

3. If the European protection order none of the protective measures listed in § 122 para 2 is based;

4. If the protection measures taken in connection with a plot was arranged, which is not legally punishable under Austrian law.

5. If the protection measure in a judgment has been arranged, the an act underlies, which is subject to the scope of the Austrian criminal law, and domestic falls under an amnesty;

6. as far as the recognition of the European protection order and the granting of national arrangements would; contravene provisions relating to immunity

7. when the trace of the person causing danger due to the action, due to which the defense was arranged, is barred under Austrian law, unless the action is subject to the scope of the Austrian criminal law;

8. If the recognition of the European protection order the idem ("ne up in idem") contrary to;

9. If the underlying protection measures Act has been committed by any person, which under Austrian law was at the time indeed punishment a minor; or 10.
If objective evidence, that the decision in which the Defense has been arranged is established in violation of fundamental rights or fundamental principles of law in the meaning of article 6 of the Treaty on European Union, and the malicious person had no way, these circumstances before the competent authorities of the issuing State, before the European Court of human rights or to the Court of Justice of the European Union to exercise.

Jurisdiction

Section 125 (1) to the decision on the recognition of a European protection order and the granting of national regulations is objectively responsible regional court.

(2) the territorial jurisdiction is determined according to the place where the protected person has taken their place of residence or stay or will take.

(3) the Court, which is has been dealing with the recognition, is not responsible, so it assigns the case to the competent court and notified the competent authority of the issuing State thereof.

Procedure

126. (1) requires the recognition that the domestic court the European protection order (annex XV) and, unless the issuing State has issued the explanation to accept European protection orders in German language (article 135 paragraph 1), which the translation is delivered in the German language as a State of enforcement.

(2) if the European protection order largely is incomplete or there are reasons, that the stated reason for the inadmissibility of the recognition of the European protection order exists Z 10 in section 124, the competent authority of the issuing State in the manner provided for in § 14 para 3 is to seek completion within a determined reasonable time with the note within the grace period, it will be refused recognition. The decision on the recognition of the European protection order is to postpone until the receipt of the coveted supplementary information.

(3) on the trade route, § 14 para 1 to 5 is to apply mutatis mutandis.

(4) the conditions of recognition (section 124) is the protected person and, if it can be loaded in Germany, also the person causing danger to hear. The hearing of the person causing danger can be omitted if this the purpose of the protection would be compromised.

Decision

§ 127. (1) on the recognition is to decide by resolution. The decision has the name of the authority, its ruling is recognised, their reference number, a brief statement of the facts including the location and time of the Act, where known, and the arranged protection measure to contain the name of the offence as well as the announced applied laws of the issuing State. The decision is taking into account the urgency of the matter, the intended timing of arrival of the protected person in Austria, if it is not already in the domestic resident or to size, and, as far as possible to meet the dangerous situation of the protected person.

(2) to the extent permitted in comparable domestic proceedings, the Court for the recognition of the European protection order immediately for a reasonable period of time of the person causing danger to give instructions (section 51 para 2 StGB) or moderate means to apply (section 173, para. 5 Z 3 to 5 StPO), which have as much as possible to comply with the protective measures ordered in the issuing State.

(3) against the decision the transferring within 14 days to appeal to the higher regional court is open to the public prosecutor's Office, the protected and the person causing danger.

(4) the monitoring of compliance with the directives or milder means, as well as the legal consequences of non-compliance are subject to § 130 under Austrian law.

Communication obligations of the executing State

128. (1) the Court has to contact the competent authority of the issuing State in the manner provided for in § 14 para 3 having regard to 1 by the refusal of the recognition of the European protection order stating the reasons;

2. by orders pursuant to article 127, paragraph 2, and the domestic consequences of infringement (article 129);

3. any infringement of orders pursuant to § 127 section 2 using the standard form referred to in annex XVI. If the issuing State issued the statement not to accept forms in German language, a translation into an official language of the issuing State is the form to join. The Federal Minister for Justice shall by regulation to announce which Member States accept the official languages;

4. from any infringement of the protection measure contained in the European protection order from the Court learns, where no arrangement pursuant to § 127 section 2 into account in a similar domestic procedures, which is why such; could not be granted

5 of the decision on the cancellation due to the European protection order granted the orders (paragraph 132).

(2) the protected person is to communicate Nos. 1, 2 and 5 in the case of rejection of recognition of the European protection order under instruction of the possibility of complaint according to article 127, paragraph 3 and, where appropriate, on the possibility, to apply for a protection order under Austrian law in cases of paragraph 1. In the cases of paragraph 1 No. 2 is to put also the person causing danger in knowledge, with a notice of the address or other contact information of the protected person to person causing this has to be avoided, unless that this data to the representation of the placed order is required. In the cases of paragraph 1, no. 3 is, where appropriate, the competent authority of the executing State in the sense of § 2 No. 7 lit. f to inform.

Legal consequences of a breach in the executing State

§ 129. In the event of a breach of one or several orders pursuant to article 127, paragraph 2, the Court 1 has to cause immediate provisional measures to stop the violation to the issuing State has taken, where appropriate, a decision pursuant to section 130, and 2. suspicion of a criminal offence in domestic display to the competent public prosecutor's Office to reimburse.

Jurisdiction of the issuing State

§ 130. The competent authority of the issuing State is exclusively responsible for the following decisions: 1. verification, extension, amendment, withdrawal and the lifting of the protection measures and accordingly the European protection order; and 2 action preventive arrangement a custodial sentence or a detention facing as a result of the revocation of protection measures.

Consequences of a change of the European protection order

§ 131. the competent authority of the issuing State transmits a modified European protection order, the Court 1 has to change the orders issued on the basis of the European protection measures accordingly, recognition of the modified European protection measures to refuse 2, if none of the protective measures listed in § 122 para 2 more underlying this, or proceed 3. after article 126 par. 2.

Cancellation of issued warrants

132. (1) the Court has the orders issued on the basis of the European protection order to repeal, if 1.

clear evidence, that the protected person not in the domestic is resident or up to size or left the Austrian territory, 2. the persistence of the directive or of the milder remedy in a comparable domestic procedures would no longer allowed, 3. the case of section 131 is no. 2, 4. a domestic court according to the recognition of the European protection order a decision after the 5th to main piece or a request for recognition and enforcement according to one which in § 124 subpara 1 lit. a or b referred to in regulation or after a the in § 124 subpara 1 lit. c or d mentioned Convention is submitted, or 5 the European protection order revokes the competent authority of the issuing State (§ 130 Z 1).

(2) in the cases referred to in paragraph 1 Z 2 may the Court request the competent authority of the issuing State before cancellation of issued warrants to communication, whether the protection of the protected person provided on the basis of the European protection order is still required.

Cost

section 133. The costs resulting from the recognition of a European protection order and the issue of orders except those arising exclusively in the territory of the issuing State, shall be borne by the Federal Government.

Second section

Obtaining the recognition in another Member State

Issuing a European protection order

134. (1) were against their lives, their physical or mental integrity, their dignity, their freedom or their sexual integrity instructions StGB granted to a natural person ("dangerous person") in criminal proceedings for the protection of another person ("protected person") before a criminal act according to § 51 para 2 or slighter means paragraph 5 applied Z 3 to 5 StPO after 173, which correspond to the listed in § 122 para 2 , so has the Court has recognized in the first instance, at the request of a person protected who has moved their place of residence or stay in another Member State or to move, to adopt a European protection order if this is necessary for the continuation of the protection of the protected person in the Member State concerned.

(2) when deciding on the adoption of a European protection order is in particular the expected duration of the residence of the protected person in the State of enforcement and the dangerous situation into account.

(3) before the adoption of a European protection order is to give opportunity to the manifestation of the public prosecutor's Office; There are, if not done so already in the course of the submission, the protected person and if she so far not was part of the protection measures, to hear the person causing.

(4) the adoption of a European protection order does not come into consideration, if the conditions for obtaining the recognition and supervision after the 5th main piece or for a request for recognition and enforcement after one of in § 124 subpara 1 lit. a or b referred to in regulation or after a the in § 124 subpara 1 lit. There are c or d mentioned Convention.

(5) against the issuing or not issuing a European protection order is the public prosecutor's Office, the protected and, if she so far was not one of the protection measures, the person causing the transferring within 14 days to appeal to the higher regional court open. Furthermore, the protected person and, where appropriate, the person causing are to instruct.

Referral of another Member State

135. (1) the Court has the completed and signed European protection order (annex XV) the competent authority of the executing State and, if this State does not explain has to accept to submit accepted language whose translation into an official language of the executing State or in any other of this European protection orders in German language. The Federal Minister for Justice shall by regulation to announce which Member States accept the official languages.

(2) on the Commerce, § 14 para 1 to 5 is to apply mutatis mutandis. Is the European protection order not on the post were sent, the original of the European protection order by post is the competent authority of the executing State at their request be submitted subsequently.

Amendment or withdrawal of the European protection order

Section 136 (1) after agreement by the competent authority of the executing state of a breach against the recognition of the European protection order of these protection measures has the Court to examine whether there is reason to extend the trial period, amending the arrangement, to revoke the conditional sentence leniency or the conditional release, to a subsequent penalty saying or to the imposition of pre-trial detention and accordingly to the amendment or cancellation of the arrangement and to revoke the European protection order. By the result of the audit, the competent authority of the executing State, is if necessary by connecting a correspondingly amended European protection order, as soon as possible to inform.

(2) is the arrangement in a decision included main piece after the 5th, which was transmitted to another Member State or is delivered after the adoption of the European protection order, and has the competent authority of the executing State in the sense of § 2 No. 7 lit. f consequential decisions made according to article 90, paragraph 1, which affect the protection measure underlying the European protection order, so has the European protection order immediately to change the Court or to revoke.

Responding to requests from

section 137. A request from the competent authority of the executing State to communication, whether the protection provided on the basis of the European protection order is still required, is to answer immediately."

19 § 140 be added following paragraph 13 and 14:

"(13) in relation to the United Kingdom of Great Britain and Northern Ireland the sections 59a are I to 59 c and 81 to 99 as amended by Federal Law Gazette No. 175/2013 not to apply.

(14) section 1 para 1 subpara 1 lit. g, § 2 No. 3a, no. 7 lit. "h, Nos. 12 and 13, §§ 5a, 39 para 1 Nos. 1 and 3, 41i para 3, 41j Z 1, 42 paragraph 1 Z 1, 42B para 4, 42 c Z 2, 57 paragraph 3, 59a para 3, 59 b as well as the sections 122 to 137 and annexes XV and XVI in the version of Federal Law Gazette I no. 107/2014 contact 1.1.2015 in force."

20. after section 140, 141 the following paragraph and heading shall be inserted:

"Implementation of directives of the European Union

Article 141 § 1 para 1 subpara 1 lit. g, § 2 No. 3a, no. 7 lit. I serve no. 107/2014 h, Nos. 12 and 13, sections 122 to 138, as well as the annexes XV and XVI in the version of Federal Law Gazette the directive 2011/99/EC on the European protection order, OJ "L 2011/338, 2."

21. in annex XIV following annexes XV and XVI are added:

'Annex XV

European protection order pursuant to article 7 of the directive 2011/99/EC of the European Parliament and of the Council of 13 December 2011 on the European protection order

[Please refer to the document "Anhang_XV"]

Annex XVI

Form referred to in article 12 of Directive 2011/99/EC of the European Parliament and of the Council of 13 December 2011 on the European protection order (report a breach of the measures adopted on the basis of the European protection order)

[Please refer to the document "Anhang_XVI"]

Article 2

Change of the ARHG

The Federal law on extradition and mutual legal assistance in criminal matters, BGBl. No. 529/1979, amended by Federal Law Gazette I no. 175/2013, is amended as follows:

1. after article 19, 19a the following paragraph with heading shall be inserted:

"Judgments in absentia

§ 19a. (1) the delivery to the enforcement of a prison sentence imposed in absentia or the enforcement of a preventive measure ordered in the absence of associated with detention, is allowed only if the delivered to person 1 time by personal summons or otherwise of time and space of negotiation that led to the decision, gained knowledge and it is been taught that the judgment in their absence can be issued;

2. having regard to the scheduled a self-selected or supplied by the court appointed counsel with their representation in the negotiation has entrusted and was represented by this in the trial actually negotiating; or 3. after delivery of the judgment handed down in absentia and after instruction on the right to apply for the new implementation of the trial or a remedy to take, and in this way, also taking into account new evidence, in his presence and an annulment of the decision to reach a renewed examination of the facts of the case, a) has expressly declared to apply for no new implementation of the negotiations or take no appeal; or b) within the existing time limits, no new implementation of negotiation has applied for or taken no appeal.


(2) the existence of conditions not be determined according to paragraph 1, has the Federal Minister of Justice at the request of the public prosecutor's Office or the Court to obtain a sufficient representation of the requesting State, according to which the person to be delivered has the right to apply for the new implementation of the proceedings or to take an appeal, and in this way is a renewed examination of the facts, also taking into account new evidence ", to achieve in their presence and an annulment of the decision."

2. in article 31, paragraph 6 be omitted in the quotation in the third movement "section 89, paragraph 2 StPO, first sentence," the words "first sentence", and it's the phrase "or that one para 2a Z 1 circumstances referred to 3 StPO is on the in section 89" is appended to the end of a sentence.

3. in article 32, paragraph 1, the following sentence is inserted after the second sentence:

"The data subject has the right to consult prior to Declaration of consent with a defender."

4. in article 32, paragraph 2 to "instruct" the twist "that she have the right to consultation with a defender," is inserted after the turn.

5th in the 4th main piece section is inserted after the second section of the following third parties:

"Third section

Special investigative measures

Controlled delivery

Article 59 b. (1) on foreign requests for the public prosecutor's Office may grant a controlled delivery through Austria, if an extraditable offense is based on controlled delivery or the foreign criminal proceedings.

(2) an is controlled delivery to prohibit, if 1 a deferral of criminal investigations is not allowed (article 99 par. 4 StPO), or the further monitoring of transport and access in the other State appears 2 cannot be guaranteed.

(3) to decide on a controlled delivery through Austria, the public prosecutor's Office is responsible, in whose area the border is expected to be exceeded or whose area you want to assume the controlled delivery. No evidence with regard to the location of the proposed crossing, the public prosecutor's Office in Vienna is responsible. The judicial police has to inform the competent public prosecutor's Office without delay of a scheduled controlled delivery.

(4) the controlled delivery by or from the Federal territory is to take over by Austrian authorities and to lead. It is to ensure that access to the suspects and the goods is possible at any time. The implementation of a controlled delivery by or accompanied by foreign institutions is to grant StPO only in accordance with the principles of article 5, paragraph 3.

(5) after completing the check delivery has to the public prosecutor's Office, check whether there is reason, the State, in which the suspects were entered to request transfer of criminal prosecution (section 74).

Undercover investigations

section 59c. (1) the use of covered one or is permissible only on the basis of the request of a judicial authority of another State under false identity of acting foreign body in the country, has granted this use in already initiated criminal or investigative procedures. He needs before the start of the use of an order of the public prosecutor, in whose area the usage expected to to begin, which may grant such only under the conditions under § 131 StPO.

(2) the use may be arranged only for that period, is likely to be required for the achievement of its purpose, but no longer than for a month. A renewed arrangement is allowed only if the conditions continue to exist and to accept on the basis of certain facts is that the further implementation will be successful. As soon as the conditions necessary for the further implementation fall away or the purpose of the investigative measures is not reached or likely to be no longer possible, is the use to exit immediately.

(3) the foreign undercover agents is exclusively through the Federal Ministry of the Interior and to monitor; its usage varies in section 131, paragraph 3 StPO. The public prosecutor's Office has this authority the arrangement of a covert investigation according to the provisions of the classified order, Federal Law Gazette II No. 256/1998, to submit.

"(4) for foreign investigators concealed, the criminal police bodies (section 129 Z 2 StPO), apply the provisions of §§ 131, paragraph 2 last sentence, paragraph 4 and 132 StPO."

6 VII. main piece is to the VIII. main piece, and main piece is inserted after section 76 the following VII.:

"VII. main piece

Joint investigation teams

Formation of a joint investigation team in the domestic

section 76a. (1) the formation of a joint investigation team is in domestic criminal proceedings (§ 60 EU-JZG) as required and to domestic investigations carried out, involving the participation of other States is appropriate, so the Prosecutor has to propose the formation of a joint investigation team to the concerned judicial authorities of those States by way of the Federal Ministry of Justice. This proposal has to be issued, which may suggest other members also on Austrian security authority.

(2) the public prosecutor's Office decides on a request from another State to the formation of a joint investigation team.

(3) a working increasingly in the domestic joint investigation team is to guide by the public prosecutor's Office and organizational support. Their powers are based on domestic regulations on the criminal proceedings. EU-JZG is article 62, paragraph 1 apply accordingly.

(4) the head of the investigation team can exclude foreign bodies by the presence at certain investigative measures, if otherwise significantly complicates the implementation or success would be at risk.

Formation of a joint investigation team from abroad

b. (1) investigations in one or more other States are section 76 in a domestic criminal conduct, which give rise to the formation of a joint investigation team, as the public prosecutor's Office may request the competent judicial authorities of the States by way of the Federal Ministry of Justice to the formation of a joint investigation team.

(2) a participation of Austrian judicial authorities on a joint investigation team formed in another State can take place if the underlying crimes are threatened also according to Austrian law with judicial punishment and the participation of also of the enlightenment of a crime falling within the scope of the Austrian criminal law serves. § 62 2 and 3 EU-JZG is paragraph apply accordingly."

Article 3

Amendment of the criminal records Act 1968

The Federal Act of 3 July 1968 by the evident attitude of criminal convictions (Criminal Records Act 1968), Federal Law Gazette No. 277/1968, amended by Federal Law Gazette I no. 195/2013, is amended as follows:

1. in Article 10a, paragraph 1 in the first sentence after the words "pursuant to § 10 proceed" is a point set; the phrase "and beyond the national police headquarter Vienna" is replaced by the phrase "At the request of the applicant, it has Vienna, the National Police Directorate".

2. the previous text is labeled (1) § 10 b and the following paragraph 2 is added:

"(2) is invited by central authorities of the other Member States with the consent of the person concerned information extracted from the criminal record, because it wants to exercise or organized volunteer activities, which includes mainly supervision, care, education, care or education of minors, so paragraph 1a is designated convictions, as well as data in accordance with article 2, paragraph 1 Z 7 and 8 within ten working days as of receipt of the request to provide information about the pursuant to section 2. The grounds of refusal according to § 10 paragraph 3 and the limitations of information are according to § 6 of the principal Act 1972 not to take into account. Article 10, paragraph 1 b is not applicable."

3. in article 11, paragraph 5 "you" inserted in second half-sentence of the first sentence after the word the words "on request" and after the quote "section 10a" the quote "ABS. 1 2nd movement".

13 the following paragraph is added to § 4. 14:

"I no. 107/2014, contact (13) sections 10a, 10B para of 1 and 2, 11 paragraph 5 and 14 (b) in the version of the Federal Act, Federal Law Gazette 1 April 2015 in force."

5. in paragraph 14b the phrase is "§ 10 para 1 and 1B in the version of the Federal Act, Federal Law Gazette I no. 195/2013, serves" by the phrase "§ 10 par. 1a and 1B in the version of the Federal Act, Federal Law Gazette I no. 195/2013, and § 10 para 2 as amended by the Federal Act, Federal Law Gazette I no. 107/2014, serve" replaced.

Article 4

Entry into force

Article 2 of this federal law shall enter into force 1 January 2015.

Fischer

Faymann