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...

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107. Federal law amending the federal law on judicial cooperation in criminal matters with the member states of the European Union (EU-JZG), the extradition and legal assistance act (ARHG) and the Criminal Records Act 1968 (EU-JZG-ÄndG 2014)

The National Council has decided:

table of contents

Article 1

Amendment of the EU-JZG

Article 2

Change of ARHG

Article 3

Amendment of the Criminal Records Act 1968

Article 4

entry into force

Article 1

Amendment of the EU-JZG

The Federal Law on Judicial Cooperation with the Member States of the EU (EU-JZG), BGBl. No 36/2004, as last amended by the Federal Law BGBl I No 175/2013, is amended as follows:

1. In the table of contents, the VI. Main part of the VII. The main piece, § § 122 to 124, is named 138 to 140, § 125 is given the title § 142, and according to § 121 the following new VI is given. Main piece with headlines inserted:

" VI. Main item

Recognition of European protection orders in criminal matters

First section

Recognition of decisions taken by other Member States

§ 122

Requirements

§ 123

Application of the protected person

Section 124

Inadmissibility of recognition

§ 125

Responsibility

§ 126

Procedure

§ 127

Decision

§ 128

Obligation to understand the executing State

Section 129

Legal consequences of an infringement in the executing State

§ 130

Jurisdiction of the issuing State

Section 131

Consequences of an amendment to the European Protection Order

Section 132

Repeal of the orders issued

§ 133

Cost

Second section

Recognition of recognition in another Member State

Section 134

Adoption of a European Protection Order

§ 135

Referral to another Member State

Section 136

Modification or withdrawal of the European Protection Order

Section 137

Response to requests "

2. In the table of contents is inserted according to § 140:

" § 141

Implementation of European Union directives "

3. At the end of the table of contents is added:

" Annex XV

European protection order in accordance with Article 7 of Directive 2011 /99/EU of the European Parliament and of the Council of 13 December 2011 on the European Protection Order

Annex XVI

Form referred to in Article 12 of Directive 2011 /99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order (notification of a breach of the measure adopted pursuant to the European Protection Order) "

4. In § 1 (1) (1) (1) (1), lit. e the word "and" , in lit. f will replace the point with a stroke point and the word "and" inserted; the following lit. g is added:

" (g)

Recognition of European protection orders and national arrangements. "

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

6. In § 2 Z 7, the point at the end of lit. g replaced by a stroke point and the following lit. h is added:

" h)

to which a European protection order has been transmitted for the purposes of the recognition and grant of national orders; "

7. In § 2, the point at the end of Z 11 is replaced by a stroke point and the following Z 12 and 13 are added after Z 11:

" 12.

'European protection order' means an order issued by a judicial authority or other competent authority of a Member State in connection with a protection measure (Z 13), on the basis of which the competent authority of another Member State have, under national law, arrangements for the continuation of the protection of the protected person in that Member State;

13.

"protection measure" means a decision taken in the issuing State in a criminal case involving a natural person ('the person causing danger ') of one or more orders in order to provide a person ('protected person') with a person in front of a person who is a person who is 'protected'. criminal act against their lives, their physical or mental integrity, their dignity, their personal freedom or their sexual integrity. "

(8) In § 5a, the following sentence shall be added:

"§ 5 (6) shall apply."

9. § 39 paragraph 1 Z 1 reads:

" 1.

regardless of the consent of the convicted person, if this

a)

has Austrian citizenship and has his or her residence or permanent residence in Germany;

b)

has his domiology or permanent residence in the territory of the country and has returned to that country with a view to the criminal proceedings pending against him in the issuing State, or to the judgment delivered in that State, or to have returned to it;

c)

on the basis of an expulsion order, a removal order or a ban on residence, whether in the judgment or in a judicial or administrative decision taken as a result of the judgment shall be deported to Austria after the completion of the enforcement of the criminal or action programme; "

10. In § 39 (1) (3), the point is replaced by an inversion and the turn "provided that the convicted person does not lose his right of residence in Austria because of the conviction." .

11. In § 41i para. 3, the parenthesis is correct "(Annex VII)"

12. In § 41j Z 1, according to the words "this federal law is available" the staple citation "(§ 5 (4))" inserted.

13. § 42 (1) (1) (1) reads:

" 1.

regardless of the consent of the convicted person, if this

a)

the nationality of the executing State and residence or permanent residence in that State;

b)

has his or her permanent residence or permanent residence in the executing State and has returned to that State with a view to the criminal proceedings pending against him or to the judgment handed down in Austria or returned to it;

c)

on the basis of an expulsion order, a removal order or a ban on residence, whether in the judgment or in a judicial or administrative decision taken as a result of the judgment shall be deported to the executing State after the completion of the enforcement of the criminal or action programme; "

14. In § 42b (4), the 4 and the final part of the final section are:

" 4.

in the event that the convicted person is already in the executing State, the completed form to inform the convicted person (Annex VIII)

"

15. In § 42c Z 2, the words "two thirds" by the words "half" replaced.

15a. In § 57, the following paragraph 3 is added:

" (3) However, where the request for legal assistance concerns an act to be assessed under Austrian law as a financial offence which falls within the competence of financial criminal authorities, the request of the competent financial authority , and to inform the applicant authority thereof. "

16. The following paragraph shall be added to § 59a:

'(3) The notification shall be made in one of the official languages of the other Member State, provided that it has not declared that it is to be accepted in the German language.'

17. In § 59b, the word "Member State" through the turn "Member State-which must be translated into the German language, provided that the Member State has not declared itself to accept communications in the German language as well-" replaced; the point at the end will be replaced by the turn " ; § 59a (3) shall apply. " replaced.

18. The VI. The main part will be VII. The main part, § § 122 to 124, are called § § 138 to 140 and § 125 the designation § 142, and according to § 121, the following VI becomes. Main piece inserted:

" VI. Main item

Recognition of European protection orders in criminal matters

First section

Recognition of decisions taken by other Member States

Requirements

§ 122. (1) In the course of criminal proceedings pending in another Member State, a judicial authority or other competent authority has been required to protect a natural person who is domicated or resident in the territory of the country or who is resident in the territory of the country. , if a protection measure is to be arranged and on the basis of which a European protection order is issued, the latter shall be recognised in the territory of the country in accordance with the provisions of this section and shall be adopted in accordance with the conditions laid down in this Section by the issuing State Austrian law in a comparable case admissible arrangements for Continued protection of the protected person.

(2) Safeguard measures within the meaning of paragraph 1 are:

1.

the prohibition of entering certain premises, places or designated areas in or where the protected person is holding or who is looking for them;

2.

the prohibition or regulation of any form of contact, including by telephone, by electronic means, by post, by fax or by any other means, with the protected person; and

3.

the prohibition to approach the protected person to a lesser than the specified distance, or a instruction similar to that of the protected person.

Application of the protected person in Germany

§ 123. A request made by the protected person to an Austrian court for the adoption of a European protection order in connection with a protection measure arranged in another Member State shall be applied as soon as possible to the competent authority of the issuing State.

Inadmissibility of recognition

§ 124. The recognition of a European protection order shall be inadmissible,

1.

if the conditions for recognition and supervision in the territory of the country following the fifth main piece or for recognition and enforcement are fulfilled in accordance with

a.

Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 145, 31.7.2001.. 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 and repealing Regulation (EC) No 1347/2000, OJ L 327, 31.12.2003, p. L 2003/338, 1,

c.

the Hague Convention of 19 The Court of Justice of the European Union (BGBT) October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in the field 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,

;

2.

if the protected person does not wish to reside or reside in the country and does not wish to relocate it to the country;

3.

if the European Protection Order is not based on any of the protective measures referred to in Section 122 (2);

4.

if the protection measure has been ordered in connection with an act which is not legally punishable under Austrian law;

5.

if the protection measure has been ordered in a judgment which is based on an act subject to the scope of Austrian criminal law and which falls within the territory of the country under an amnesty;

6.

in so far as the recognition of the European protection order and the issuing of national arrangements against provisions on immunity would be infringed;

7.

if the prosecution of the person at risk is statute-barred in accordance with Austrian law on account of the act on which the protection measure has been ordered, provided that the act is subject to the scope of the Austrian criminal laws;

8.

if the recognition of the European protection order would be contrary to the prohibition of double punishment ("ne bis in idem");

9.

if the act on which the protection measure is based was committed by a person who, under Austrian law, was, at the time of the act, a criminal offence; or

10.

if there is objective evidence that the decision in which the protection measure has been taken is in breach of fundamental rights or of fundamental principles of law within the meaning of Article 6 of the Treaty on European Union , and the person at risk has not been able to invoke those circumstances before the competent authorities of the issuing State, before the European Court of Human Rights or before the Court of Justice of the European Union.

Responsibility

§ 125. (1) The Regional Court is competent to decide on the recognition of a European protection order and the issuing of national orders.

(2) The local jurisdiction shall be based on the place where the protected person is or will be resident or resident.

(3) If the court which has been referred to the recognition is not competent, it shall issue the case to the competent court and shall inform the competent authority of the issuing State thereof.

Procedure

§ 126. (1) The recognition shall require that the European Protection Order (Annex XV) and, where the issuing State has not made the declaration, the European Protection Order as the executing State European protection orders, including in the German language, (§ 135 (1)), the translation of which is to be sent to the German language.

(2) If the European Protection Order is in substantial part incomplete or there is evidence that the reason for the inadmissibility of the recognition of the European Protection Order referred to in Section 124 (10) (10) is present, the European Protection Order ( competent authority of the issuing State, in the manner provided for in Article 14 (3), to request completion within a reasonable period to be determined, with the indication that, if the deadline is fruitless, recognition shall be refused. . The decision on the recognition of the European protection order must be postpone until the request for additional information has been received.

(3) § 14 (1) to (5) shall apply mutatily to the business route.

(4) The subject of the recognition (§ 124) is the protected person and, if it can be charged domestiy, also the person at risk of hearing. The hearing of the person at risk may be waived if this would jeopardize the protection purpose.

Decision

§ 127. (1) The recognition shall be decided by decision. The decision shall have the name of the authority whose decision is recognized, its reference number, a brief description of the facts, including the place and time of action, where known, and the protective measure arranged, the name of the a criminal offence and the applicable legislation of the issuing State. The decision shall be taken, taking into account the urgency of the matter, the date provided for the arrival of the protected person in Austria, provided that he is not already resident or resident in the country and, where possible, the The security situation of the protected person must be taken.

(2) Insofar as this would be permitted in a comparable domestic procedure, the Court of First Instance, following the recognition of the European Protection Order, has to issue instructions without delay for a reasonable period of time for the person at risk (Section 51 (1) (1)). 2 StGB) or other means (Section 173 (5) (3) to (5) of the StPO), which shall be as far as possible to comply with the protective measures arranged in the country in which it is to be placed.

(3) The Public Prosecutor's Office, the protected person and the person at risk shall be open to the Oberlandesgericht (Oberlandesgericht) against the decision to be lodged within 14 days.

(4) The monitoring of the observance of the instructions or the funds, as well as the legal consequences of non-compliance, shall be governed by Austrian law, subject to § 130.

Obligation to understand the executing State

§ 128. (1) The court has to inform the competent authority of the issuing State in accordance with the manner provided for in Article 14 (3)

1.

the rejection of the recognition of the European protection order, giving the reasons;

2.

of orders pursuant to Section 127 (2) and the domestic legal consequences of an infringement (§ 129);

3.

of any infringement of orders pursuant to Section 127 (2) using the form set out in Annex XVI. If the issuing State has not made the declaration to accept forms in the German language, the form shall be sent to a translation into an official language of the issuing State. By means of a regulation, the Federal Minister for Justice has to say which Member States accept which official languages;

4.

any infringement of the protection measure contained in the European protection order from which the court becomes aware, unless an order under Article 127 (2) is taken into consideration in a comparable domestic procedure, which is why a could not be issued;

5.

the decision on the lifting of the orders issued under the European Protection Order (§ 132).

(2) The protected person shall be notified in the cases referred to in paragraph 1 (1), (2) and (5), in the case of refusal of recognition of the European protection order, in the light of the possibility of appeal pursuant to Section 127 (3) and, if appropriate, of the Possibility to request the order of a protection measure under Austrian law. In the cases referred to in paragraph 1 (2), the person at risk shall also be informed, with a notification of the address or other contact details of the protected person to the person at risk of being prevented from doing so, unless such data are available to the person at risk of: to the equivalent of the order issued. In the cases referred to in paragraph 1 Z 3, the competent authority of the executing State shall, where appropriate, also be in the meaning of § 2 Z 7 lit. f to be informed.

Legal consequences of an infringement in the executing State

§ 129. In the event of a breach of one or more orders in accordance with Section 127 (2), the Court of First Instance

1.

to take immediate provisional measures to terminate the infringement until the issuing State has taken a decision pursuant to section 130, and

2.

to report to the competent public prosecutor's office on suspicion of a criminal offence at home.

Jurisdiction of the issuing State

§ 130. The competent authority of the issuing State shall be responsible solely for the following decisions:

1.

the review, renewal, amendment, revocation and repeal of the protection measure and, accordingly, the European Protection Order; and

2.

the arrangement of a custodial sentence or a preventive measure associated with deprivation of liberty as a result of the withdrawal of the protection measure.

Consequences of an amendment to the European Protection Order

Section 131. Where the competent authority of the issuing State transmits a modified European protection order, the Court of First Instance shall:

1.

to alter the arrangements granted on the basis of the European protection measure,

2.

reject the recognition of the amended European protection measure if it is not based on any of the protective measures referred to in paragraph 122 (2); or

3.

in accordance with Section 126 (2).

Repeal of the orders issued

§ 132. (1) The Court of First Instance shall repeal the orders issued under the European Protection Order if:

1.

clear indications that the protected person is not domestically resident or resident in the country or has left the Austrian territory,

2.

the maintenance of the order or of the substance in a comparable domestic procedure would no longer be allowed,

3.

the case of § 131 Z 2,

4.

a national court, after the recognition of the European protection order has been recognised, a decision pursuant to the V. Hauptstück or a request for recognition and enforcement in accordance with one of the provisions of Section 124 (1) (1) (lit). (a) or (b) or in accordance with one of the provisions of Article 124 (1) (1 (c) or (d), or

5.

the competent authority of the issuing State shall revoke the European protection order (§ 130 Z 1).

(2) In the cases referred to in paragraph 1 (1) (2), the Court of First Instance may request the competent authority of the issuing State to issue a notice of the protection of the protected person as provided for under the European Protection Order, before the revocation of the orders issued. is required.

Cost

§ 133. The costs arising from the recognition of a European protection order and the issuing of orders, with the exception of those incurred exclusively in the territory of the issuing State, shall be borne by the Federal Government.

Second section

Recognition of recognition in another Member State

Adoption of a European Protection Order

§ 134. (1) Were a natural person ("person causing danger") in criminal proceedings for the protection of another person ("protected person") before a criminal offence against their life, their physical or mental integrity, their dignity, their personal freedom or their sexual integrity Instructions pursuant to § 51 para. 2 of the German Civil Code (StGB) to be granted or to have more money applied pursuant to Article 173 (5) (3) to (5) of the StPO, which correspond to those referred to in § 122 (2), the court, which has been recognized in the first instance, has , at the request of the protected person, who is resident or resident in another Member State has decided to adopt or transfer a European protection order, where this is necessary to continue the protection of the protected person in the Member State concerned.

(2) In the decision on the adoption of a European protection order, account shall be taken, in particular, of the probable duration of the stay of the protected person in the executing State and of the danger situation of that person.

(3) Prior to the adoption of a European protection order, the Public Prosecutor's Office shall be given the opportunity to submit its observations; unless it has already been carried out in the course of the application, it shall be the protected person and, if so far as a protection measure, was not heard to hear the dangerous person.

(4) The adoption of a European protection order shall not be considered if the conditions for the effect of recognition and supervision in accordance with the V. Main piece or for a request for recognition and enforcement in accordance with one of the provisions of § 124 Z 1 lit. (a) or (b) or in accordance with one of the provisions of Article 124 (1) (1 (c) or (d).

(5) The public prosecutor's office, the protected person and, if it has not been heard so far for the protection measure, the person at risk of being brought into action against the release or non-authorisation of a European protection order shall be the person who is at risk within 14 days. Appeal to the Higher Regional Court. This means that the protected person and, where appropriate, the person at risk must be lecturing.

Referral to another Member State

§ 135. (1) The Court of First Instance shall have the European Protection Order (Annex XV) completed and signed by the competent authority of the executing State, and, if that State has not declared, European protection orders also in German. agree to submit their translation into an official language of the executing State or to another language accepted by that State. By means of a regulation, the Federal Minister for Justice has to be able to understand which Member States accept which official languages.

(2) Section 14 (1) to (5) shall apply mutatily to the business transactions. If the European protection order has not been transmitted by post, the competent authority of the executing State shall, at its request, comply with the original of the European protection order by post.

Modification or withdrawal of the European Protection Order

§ 136. (1) In the event of an agreement by the competent authority of the executing State in respect of a breach of the safeguard measures ordered after recognition of the European protection order, the Court of First Instance has to examine whether the extension of the protective measures in question has been extended. A trial period, an alteration of the order, the revocation of the conditional penal review or the conditional release, a subsequent sentence or the imposition of pre-trial detention and, accordingly, the modification or cancellation of the order. and the revocation of the European protection order. As a result of the examination, the competent authority of the executing State shall be notified as soon as possible, including, where appropriate, a modified European protection order, as amended.

(2) Where the order is contained in a decision following the V main piece which has been transmitted to another Member State or which is transmitted after the adoption of the European Protection Order, and has the competent authority of the executing State in the sense of § 2 Z 7 lit. In the event of subsequent decisions pursuant to Section 90 (1), which have an effect on the protection measure on which the European protection order is based, the Court of First Instance shall immediately amend or revoke the European Protection Order accordingly.

Response to requests

§ 137. A request by the competent authority of the executing State to indicate whether the protection provided for by the European Protection Order is still necessary shall be answered immediately. "

19. The following paragraphs 13 and 14 are added to § 140:

" (13) In relation to the United Kingdom of Great Britain and Northern Ireland, § § 59a to 59c and 81 to 99 are in the version of the Federal Law BGBl. I No 175/2013.

(14) § 1 (1) Z 1 lit. g, § 2 Z 3a, Z 7 lit. h, Z 12 and 13, § § 5a, 39 para. 1 Z 1 and 3, 41i para. 3, 41j Z 1, 42 para. 1 Z 1, 42b para. 4, 42c Z 2, 57 para. 3, 59a para. 3, 59b as well as the § § 122 to 137 and Annexes XV and XVI in the version of the Federal Law BGBl. I n ° 107/2014 will enter into force with 1.1.2015. "

20. In accordance with § 140, the following § 141 and heading is inserted:

" Implementation of European Union directives

§ 141. § 1 (1) Z 1 lit. g, § 2 Z 3a, Z 7 lit. h, Z 12 and 13, § § 122 to 138 as well as annexes XV and XVI in the version of the Federal Law BGBl. I n ° 107/2014 are the implementation of Directive 2011 /99/EU on the European Protection Order, OJ L 327, 28.11.2011, p. L 2011/338, 2. "

(21) In accordance with Annex XIV, the following Annexes XV and XVI are added:

" Annex XV

European protection order in accordance with Article 7 of Directive 2011 /99/EU of the European Parliament and of the Council of 13 December 2011 on the European Protection Order

[see the document "Anhang_XV"]

Annex XVI

Form referred to in Article 12 of Directive 2011 /99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order (notification of a breach of the measure adopted pursuant to the European Protection Order)

[see the document "Anhang_XVI"] "

Article 2

Change of ARHG

The federal law on extradition and mutual legal assistance in criminal matters, BGBl. No 529/1979, as last amended by the Federal Law BGBl. I No 175/2013, shall be amended as follows:

1. In accordance with § 19, the following § 19a and title shall be inserted:

" Absences

§ 19a. (1) Extradition for the execution of a custodial sentence imposed in absentia or for the execution of a preventive measure ordered in absentia, which is linked to deprivation of liberty, shall be admissible only if the extradited persons are to be extradited. Person

1.

obtained by a personal summons or in any other way from the time and place of the hearing which led to the decision, and which has been informed that the judgment may be delivered in its absence;

2.

having regard to the trial in question, a defender, himself elected or appointed by the court, has been entrusted with her representation in the trial and has actually been represented at the trial; or

3.

After notification of the judgment delivered in absentia and after notification of the right to seek the re-conduct of the trial or to take an appeal, and in that way to re-examine the facts, including: consideration of new evidence, in its presence and a lifting of the decision to be reached,

a)

was expressly declared not to apply for a re-implementation of the trial or to take any legal action; or

b)

no application of the hearing within the existing time limits has been requested or an appeal has not been taken.

(2) If the existence of the conditions set out in paragraph 1 cannot be established, the Federal Minister of Justice has, at the request of the public prosecutor's office or the court, to obtain a sufficient assurance from the requesting State that the has the right to request the re-implementation of the trial or to take an appeal and, in this way, to re-examine the facts, including in the light of new evidence, in their presence and in a To reach the end of the decision. "

2. In Section 31 (6), the third sentence shall be deleted. "§ 89 (2) first sentence of the StPO" the words "First sentence" , and it becomes the turn at the end of the sentence "or that one of the circumstances referred to in § 89 (2a) Z 1 to 3 of the StPO is present" .

3. In Article 32 (1), the following sentence shall be inserted after the second sentence:

"The person concerned shall have the right to consult with a defender prior to the declaration of consent."

4. In § 32 (2), after the turn "to lecture," the twist "that she has the right to counsel with a defender," inserted.

5. In the IV. The main piece shall be inserted after the second section of the following third section:

" Third Section

Special investigative measures

Controlled delivery

§ 59b. (1) The Public Prosecutor's Office may authorise a controlled delivery by Austria on foreign requests if the controlled delivery or the foreign criminal proceedings are based on an extraditable offence.

(2) A controlled delivery shall be subject to the following conditions:

1.

a postponing of criminal investigations is not permitted (Section 99 (4) of the StPO), or

2.

the further monitoring of the transport and access in the other State does not appear to be ensured.

(3) In order to take a decision on a controlled delivery by Austria, the Public Prosecutor's Office is responsible, in the case of which the border is likely to be exceeded or where the controlled delivery is to be based on the sprint. If there are no indications regarding the location of the planned border crossing, the prosecutor's office in Vienna is responsible. The criminal police shall immediately notify the competent public prosecutor's office of a planned controlled delivery.

(4) The controlled delivery by or from the territory of the Federal Republic shall be taken over and managed by Austrian authorities. It shall be designed in such a way as to allow access to the suspects and the goods at any time. The execution of a controlled delivery by or accompanied by foreign bodies is to be granted only in compliance with the principles of § 5 para. 3 StPO.

(5) At the end of the inspection, the Public Prosecutor's Office must examine whether there is any reason to request the prosecution of the criminal prosecution (§ 74).

Covert investigations

§ 59c. (1) The use of foreign organs within the country, which is concealed or under a false identity, is permissible only on the basis of the request of a judicial authority of another State which uses it in an already initiated criminal or criminal law. The investigation procedure has been approved. Before the commencement of the use of an order of the public prosecutor's office, he is required to begin the use of the public prosecutor's office, which is to be used only under the conditions laid down in § 131 StPO.

(2) The use may be ordered only for the period likely to be necessary for the purpose of achieving its purpose, but for a period of one month at the latest. A new order shall be admissible only in so far as the conditions are maintained and, on the basis of certain facts, it is to be assumed that the further implementation will be successful. As soon as the conditions for the further implementation are no longer reached or the purpose of the investigation is no longer reached or is not likely to be reached any more, the use must be terminated immediately.

(3) The foreign covert investigator is to be carried out and monitored exclusively by the Federal Ministry of the Interior; its use is based on § 131 para. 3 StPO. The public prosecutor's office has the order of a covert investigation according to the provisions of the classified information order, BGBl. II No 256/1998.

(4) For foreign covert investigators who are criminal-police bodies (§ 129 Z 2 StPO), the provisions of § § 131 (2), last sentence, para. 4 and 132 of the StPO apply. "

6. The VII. The main item will be VIII. The main item, and in accordance with § 76, shall be the following VII. Main piece inserted:

" VII. Main item

Joint investigation teams

Formation of a joint investigation group in Germany

§ 76a. (1) The formation of a joint investigation team (§ 60 EU-JZG) is deemed to be necessary in a domestic criminal procedure and investigations are to be carried out domestily in which the participation of organs of other states is appropriate. , the Public Prosecutor's Office shall propose to the relevant judicial authorities of those States, by way of the Federal Ministry of Justice, the formation of a joint investigation team. This proposal also has to be addressed to the competent Austrian security authority, which may propose further members.

(2) The Public Prosecutor's Office shall decide upon a request from another State for the formation of a joint investigation team.

(3) A joint investigation team working in Germany shall be led by the Public Prosecutor's Office and shall be supported in organisational terms. Their powers shall be governed by the provisions on criminal proceedings in force in the country. § 62 para. 1 EU-JZG is to be applied in a reasonable way.

(4) The Head of the Investigation Group may exclude foreign bodies from being present in certain investigative actions if the implementation would otherwise be significantly impeded or if the success would be at risk.

Formation of a joint investigation group abroad

§ 76b. (1) If, in the context of a domestic criminal procedure, investigations are carried out in one or more other States which give rise to the formation of a joint investigation team, the Public Prosecutor's Office may be responsible for the competent judicial authorities of these States, by means of the Federal Ministry of Justice, to request the formation of a joint investigation team.

(2) Participation of Austrian judicial authorities in a joint investigation team formed in another State may take place if the underlying offences are also punishable under Austrian law with a court sentence and the participation also serves to educate a criminal offence under the scope of Austrian criminal law. § 62 (2) and (3) EU-JZG is to be applied in a reasonable way. "

Article 3

Amendment of the Criminal Records Act 1968

The Federal Act of 3 July 1968 on the Evidencing of Criminal Convictions (Criminal Records Act 1968), BGBl. No. 277/1968, as last amended by the Federal Law BGBl. I No 195/2013, shall be amended as follows:

1. In § 10a (1), in the first sentence, after the words "to proceed in accordance with § 10" a point; the turn "and in addition, the State Police Directorate Vienna" is going through the turn "At the request of the applicant, it shall also have the Vienna State Police Directorate" replaced.

2. The previous text of § 10b shall be given the title "(1)" and the following paragraph 2 is added:

' (2) Where the central authorities of the other Member States, with the consent of the person concerned, are requested to obtain information from the criminal record because it intends to carry out a professional or organised volunteer activity, which mainly consists of: Supervision, care, upbringing, care or training of minors is included in the convictions and data referred to in § 2 (1) (1) (7) and (8) within ten working days from the date of receipt of the request. Information to be provided. The reasons for refusal pursuant to section 10 (3) and the restrictions on information pursuant to § 6 of the Repayment Act 1972 are not to be taken into consideration. Section 10 (1b) shall not apply. "

3. In § 11 (5), the second half sentence of the first sentence shall be taken after the word "the" the words "on request" and after the citation "§ 10a" the citation " 1 2. sentence " inserted.

(4) The following paragraph 13 is added to § 14:

" (13) § § 10a, 10b (1) and (2), 11 (5) and (14b) in the version of the Federal Law, BGBl. I No 107/2014, enter into force on 1 April 2015. "

5. In § 14b the turn " § 10 (1) and (1b) in the version of the Federal Law, BGBl. I No 195/2013, " through the turn " § 10 (1a) and (1b) in the version of the Federal Law, BGBl. I No. 195/2013, and Section 10b (2) in the version of the Federal Law, BGBl. I No 107/2014, " replaced.

Article 4

entry into force

Article 2 of this Federal Act is 1. Jänner 2015 in force.

Fischer

Faymann