Amendment Of The Penal Code And The Code Of Criminal Procedure 1975

Original Language Title: Änderung des Strafgesetzbuches und der Strafprozessordnung 1975

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106. Federal law amending the Criminal Code and the Criminal Procedure Code in 1975

The National Council has decided:

table of contents

Article 1

Amendment of the Criminal Code

Article 2

Amendment of the Code of Criminal Procedure

Article 3

entry into force

Article 1

Amendment of the Criminal Code

The Criminal Code, BGBl. No 60/1974, as last amended by the Federal Law BGBl. I n ° 134/2013, shall be amended as follows:

1. In § 57 (1) the first sentence reads as follows:

"Criminal acts which are punishable by imprisonment of ten to twenty years or with life imprisonment, as well as punishable acts after the twenty-fifth section, shall not be jailed."

2. In § 59 (1), after the word "Years" a dash and the words "a penalty imposed on the basis of a criminal offence after the twenty-fifth section" inserted.

3. In § 64 (1) (4), after the citing quote "(§ 278a)" the word and the word "Torture (§ 312a)" is deleted.

4. In Section 64 (1), the following Z 4c is inserted after Z 4b:

" 4c.

Torture (§ 312a), enforced disappearing of a person (§ 312b) and punishable acts after the twenty-fifth section, if:

a)

the perpetrator or the victim is an Austrian,

b)

have been infringed by the act of other Austrian interests, or

c)

the perpetrator at the time of the act was a foreigner and either has his or her habitual residence at home or is staying in Austria and cannot be extradited. "

§ 181f (1) StGB reads:

" (1) Anyone who kills specimens of a protected species of wild fauna contrary to a law or order, owns or destroys their forms of development or takes them from nature, or specimens of a protected wild-living species Plant species destroyed, possesses or taken from nature, shall be subject to imprisonment of up to two years or with a monetary road of up to 360 daily rates, unless the act concerns an insignificant quantity of the specimens and shall be subject to the following: The conservation status of the species has only an insignificant impact. "

6. According to § 312a the following § 312b with headline is inserted:

" Disappearing of a person

§ 312b. Those who abduct a person on behalf of or with the endorsement of a state or political organization, or who otherwise withdraw personal freedom and disguising the fate or whereabilt of the disappeared person, shall be punishable by imprisonment from one to ten years. "

7. The title of the twenty-fifth section reads:

"Genocide, crimes against humanity, war crimes"

8. According to § 321 the following § § 321a to 321j are inserted:

" Crimes against humanity

Section 321a. (1) Who, in the context of an extended or systematic attack against a civilian population,

1.

one person kills (§ 75) or

2.

Having regard to the intention to destroy, in whole or in part, a population, or parts thereof, under conditions of living conditions which are likely to bring about their destruction in whole or in part,

is to be punished with life imprisonment.

(2) Anyone who, within the framework of an attack referred to in paragraph 1, drives slavery (§ 104) is punishable by imprisonment of ten to twenty years or with life imprisonment, has the effect of causing the death of a person, with life imprisonment to punishing.

(3) Anyone who is within the scope of an attack referred to in paragraph 1

1.

Trafficking in human beings (§ 104a),

2.

the population shall be expelled or forcibly transferred to another territory in breach of international law from the territory in which it is legally resident,

3.

a person who is under his control in his or her custody or in any other way inflicts great physical or mental pain or suffering, provided that he does not merely result from a legally permissible sanction, are or are associated with it,

4.

a person is raped (§ 201) or coerced (§ 202), she is required to prostitution (§ 106 para. 3), deprived of reproductive capacity (§ 85 Z 1) or in the intention to influence the ethnic composition of a population, or to commit other serious violations of international law, holding a woman caught in the use of coercion, or

5.

a person is allowed to disappear (§ 312b)

is punishable by imprisonment of five to fifteen years, has the effect of punishing the death of a person, with imprisonment of ten to twenty years, or with life imprisonment.

(4) Anyone who, within the framework of an attack referred to in paragraph 1,

1.

one person inflicts a serious bodily injury (§ 84 para. 1),

2.

a person who, in violation of international law, is seriously deprived of his personal freedom or

3.

An identifiable group or community shall pursue an identifiable group or community by, for reasons of political, racial, national, ethnic, cultural or religious origin, as inadmissible on grounds of sex or other than international law, Detract from or substantially restrict basic human rights,

is punishable by imprisonment of one to ten years, has the effect of the death of a person or is committed in the intention of an institutionalized regime of systematic oppression and mastery of a racial group by a to punish others, punishable by imprisonment of five to fifteen years.

War crimes against people

§ 321b. (1) Anyone who kills a person to be protected under international humanitarian law in connection with an armed conflict (§ 75) shall be punished with life imprisonment.

(2) Anyone who, in connection with an armed conflict, takes a person to be protected under international humanitarian law as a hostage, shall be punished with imprisonment of ten to twenty years, the deed shall result in the death of the victim, with Imprisonment of ten to twenty years, or with life imprisonment.

(3) Those in connection with an armed conflict

1.

a person to be protected under international humanitarian law, who is under his control in his or her custody or in any other way, inflicts great physical or mental pain or suffering, provided that such pain is not merely a matter of give legal sanction, be part of or be associated with it, or

2.

a person to be protected under international humanitarian law (§ 201) or sex-empowered (§ 202), is required to prostitution (§ 106 para. 3), deprived of reproductive capacity (§ 85 Z 1) or in the intention of the ethnic to influence the composition of a population, a woman who has been subjected to the use of coercion is held prisoner,

is punishable by imprisonment of five to fifteen years, has the effect of causing the death of the victim to punish with imprisonment of ten to twenty years or with life imprisonment.

(4) Those in connection with an armed conflict

1.

to a person to be protected under international humanitarian law, to inflict great physical or mental agony or serious bodily injury (Section 84 (1));

2.

Persons under the age of 15 are forcibly or inforcibly integrated into the armed forces or are forcibly bound by or incorporated into the armed groups or persons under the age of 18 years, or persons under the age of 18 years for active participation in the Hostilities used,

3.

the whole or part of the civilian population is transferred or forcibly transferred to another territory, or that displacement or transfer is imposed, unless the transfer is temporary, with regard to the the security of the civilians concerned, or for imperative military reasons, is required;

4.

is subject to a significant penalty or sentence imposed on a person to be protected under international humanitarian law, without such person acting in an impartial regular legal proceedings, which shall be subject to the legal guarantees required under international law , has been dismissed,

5.

a person to be protected under international humanitarian law, who is in the force of another party to the conflict, in danger of death or serious damage to health, by giving his consent to the death or serious injury to the health of the person concerned,

a)

carry out tests on such a person who are not medically necessary or carried out in their interest;

b)

for transmission purposes to such a person, unless the taking of blood or skin for therapeutic purposes is in accordance with the generally accepted medical principles in which the person concerned is responsible for the treatment of the person's blood or skin. has previously voluntarily and expressly consented, or

c)

such a person is otherwise subject to a medical procedure which is not required by their state of health and which is not in accordance with generally accepted medical principles; or

6.

in a serious degrading or degrading treatment of a person to be protected under international humanitarian law,

is punishable by a term of imprisonment of one to ten years, has the effect of punishing the death of the victim, with imprisonment of five to fifteen years.

(5) Those who are in connection with an international armed conflict

1.

a person to be protected under international humanitarian law has been unlawfully abducted or held prisoner (§ 99) or is unjustifiably delayed by their home-creation,

2.

as a member of an occupying power, transferring part of its civilian population to the occupied territory, or transferring or transferring all or part of the population of the occupied territory within or out of the territory of the occupied territory,

3.

a person to be protected under international humanitarian law to serve in the armed forces of a hostile power (§ 105); or

4.

requires a family of the opposing party (§ 105) to participate in acts of war against his own country,

is punishable by a term of imprisonment of one to ten years.

(6) Persons to be protected under international humanitarian law are protected persons within the meaning of the Geneva Conventions for the Protection of the Victims of War, BGBl. No 155/1953, and its Additional Protocols I and II (Additional Protocol to the Geneva Conventions on the Protection of the Victims of International Armed Conflicts (Protocol I) and the Annexes and Additional Protocol to the Geneva Conventions on the protection of victims Non-international armed conflicts (Protocol II) including declaration and withheld, BGBl. No 527/1982), in particular wounded, sick, shipwrested, members of the armed forces and fighters of the opposing party, who have surrendered unconditionally or are otherwise out of battle, prisoners of war and civilians, if and as long as they are the latter will not directly participate in hostilities.

War crimes against property and other rights

§ 321c. Who in connection with an armed conflict

1.

looted or, without the necessity of armed conflict, destroyed, appropriated or confiscated property of the opposing party or of its relatives, otherwise to a considerable extent,

2.

Cultural property within the meaning of the Convention on the Protection of Cultural Heritage in the Event of Armed Conflict, BGBl. No 58/1964, on a large scale, or appropriation, or

3.

It is contrary to international law that the rights and claims of all or part of the members of the opposing party are lifted or suspended, or that they are not enforceable in court,

is punishable by a term of imprisonment of one to ten years.

War crimes against international missions and abuse of protection and national signs

§ 321d. (1) Those in connection with an armed conflict

1.

Address an attack against persons, entities, equipment, units or vehicles involved in a humanitarian assistance mission or a peacekeeping mission in accordance with the United Nations Statute, as long as they are have the right to the protection granted to civilians or civilian objects under international humanitarian law; or

2.

(a) an attack against persons, buildings, materials, medical units or medical equipment which, in accordance with international humanitarian law, are protected by the Geneva Conventions for the protection of the victims of the war or their victims; Additional Protocols I and II (Additional Protocol to the Geneva Conventions on the Protection of Victims of International Armed Conflicts-Protocol I, including the annexes and the Additional Protocol to the Geneva Conventions on the protection of victims, not international Armed conflict-Protocol II, including the declaration and the withheld), and the Additional Protocol to the Geneva Conventions of 12 August 1949, concerning the adoption of an additional protection mark (Protocol III), BGBl. III, No 137/2009,

is punishable by a term of imprisonment of one to ten years.

(2) Those who, in the context of armed conflict, are protected by the protection marks recognised by the Geneva Conventions relating to the protection of the victims of the war or their Protocol III, the flag of Parliament or the flag, the military badges or the uniform of the enemy, neutral or other non-conflict states, or abused by the United Nations and thereby causing the serious injury of a person (§ 84 para. 1), is punishable by imprisonment of five to fifteen years, has the Did the death of a person, with imprisonment of ten to twenty years to punishing.

War crimes of the use of prohibited methods of warfare

Section 321e. (1) Those in connection with an armed conflict

1.

-an attack against the civilian population as such or against individual civilians who are not directly involved in hostilities,

2.

Address an attack on civilian objects, including cultural assets, as long as they are protected as such by international humanitarian law,

3.

carry out an attack on undivided places or demilitarized zones,

4.

Cultural property, under enhanced protection or its immediate environment, in support of military action,

5.

carry out an attack, knowing (Section 5 (3)) that the attack will cause the killing or injury of civilians or damage to civilian objects to an extent that is disproportionate to the overall expected concrete and is a direct military advantage,

6.

an attack against dams, dikes and nuclear power stations, provided that they are not civilian objects within the meaning of Z 2, aware that the attack is the killing or injury of civilians or the damage to civilian objects to an extent is not in any relation to the overall expected concrete and immediate military advantage,

7.

carry out an attack, knowing that the attack will cause far-reaching, long-term and serious damage to the natural environment,

8.

use a person to be protected under international humanitarian law (Section 321b (6)) as a protective shield in order to prevent the adversary from acts of war against certain objectives,

9.

that the starvation of civilians is used as a method of warfare by preventing them from carrying out vital objects or obstructing the delivery of aid in contravention of international humanitarian law,

10.

as a supervisor (Section 321g (2)), a subordinator who is subject to his or her actual command or command authority and control, or declares that no pardon is given, or

11.

a family of the opposing forces or a fighter of the opposing party is treacherously killing or wounding,

shall be punished in the cases of Z 1 to 10 with imprisonment of one to ten years and in the case of Z 11 with imprisonment of five to fifteen years.

(2) If an act according to paragraph 1 (1) to (10) results in the serious injury (Section 84 (1)) of a person to be protected under international humanitarian law (Section 321b (6)), the perpetrator shall be punishable by imprisonment of five to fifteen years, she shall have the death as a consequence of punishing such a person with a term of imprisonment of ten to twenty years.

War crimes of the use of prohibited means of warfare

§ 321f. (1) Those in connection with an armed conflict

1.

Poison or poisoned warfare used,

2.

biological or chemical warfare agents, or

3.

In the case of bullets, which are easily extended or flattened in the human body, in particular projectiles with a hard coat, which does not completely surround the core or is provided with incisions,

is punishable by a term of imprisonment of one to ten years.

(2) If the offence results in a person's serious bodily injury (Section 84 (1)), the offender shall be liable to imprisonment of five to fifteen years, resulting in the death of a person or the means used (paragraph 1). 1) intended for mass destruction and suitable to punish with imprisonment of ten to twenty years.

Responsibility as the supervisor

Section 321g. (1) Who, as a supervisor (par. 2) to prevent a subordinator who is subject to his actual command or command and control from committing an act in accordance with this Section shall be punished as a perpetrator of the act committed by the subordinated.

(2) The superiors shall be military or civilian supervisors, as well as persons who have no military or civilian superiors, in a force, in a civilian organization or in a company, to exercise effective leadership and control.

Breach of supervision

§ 321h. (1) A supervisor (Section 321g (2)), who is not responsible for the supervision of a subordinator who is subject to his or her actual command or management authority and control, shall be liable to imprisonment of six months to five years. if the subordinates act in accordance with this section, whose existence was apparent to the superiors and which they could have prevented.

(2) Anyone who acts negligently as a supervisor (section 321g para. 2) is punishable by imprisonment for up to three years.

Refrain from reporting a criminal offence

Section 321i. A supervisor (Section 321g (2)), which does not have the right to inform the authorities responsible for the investigation or prosecution of such acts, in accordance with this section, which has committed an undersigned, shall be notified of the a term of imprisonment of six months to five years.

Acting on command or other order

Section 321j. The perpetrator shall not be punished for an act in accordance with § § 321b to 321i if he does the deed in the execution of a military command or other order of comparable binding effect, provided that the perpetrator does not recognize that the The command or the order is illegal and the illegality of the order is not obvious either. "

Article 2

Amendment of the Code of Criminal Procedure in 1975

The Code of Criminal Procedure in 1975, BGBl. No. 631/1975, as last amended by the Federal Law BGBl. I No 71/2014, shall be amended as follows:

1. In Section 32 (1a), in Z 7 the point shall be replaced by a line-point and the following Z 8 shall be added:

" 8.

the crimes within the jurisdiction of the regional court as a court of republic after the 25. Section of the Criminal Code. "

2. In § 514, the following paragraph (26) is added:

" (26) § 32 in the version of the Federal Law BGBl. I n ° 106/2014 is 1. Jänner 2015 in force. "

Article 3

Entry into force and transitional provision

(1) Art. 1 of this Federal Act shall enter into force 1. Jänner 2015 in force.

(2) Prior to the entry into force of the Federal Law BGBl. No 106/2014, the criminality of which has not yet been committed at that time and where the statute of limitations is not excluded for any other reason, shall not be forfeited in so far as it is responsible for the facts of the case of a twenty-fifth section of the Penal Code in the version of the Federal Law BGBl. I n ° 106/2014 would be a criminal offence.

Fischer

Faymann