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

Original Language Title: Änderung des Strafgesetzbuches und der Strafprozessordnung 1975

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_106/BGBLA_2014_I_106.html

106. Federal law be changed with the criminal code and the code of criminal procedure 1975

The National Council has decided:

Table of contents



Article 1 amendment of the Penal Code article 2 amendment of the code of criminal procedure article 3 entry into force article 1

Amendment of the Penal Code

The criminal code, Federal Law Gazette No. 60/1974, amended by Federal Law Gazette I no. 134/2013, is amended as follows:

1. in article 57, paragraph 1, the first sentence reads:

"Criminal offences that are threatened with imprisonment from ten to twenty years or with life imprisonment, as well as criminal acts according to the twenty-fifth section does not expire."

2. in article 59, paragraph 1, a comma and the words "a penalty imposed for an offence under the twenty-fifth section" be inserted after the word "Years".

3. in article 64, paragraph 1 Z 4 are deleted after the parenthesis quote (§ 278a) the comma and the word "Torture (§ 312a)".

4. in article 64, paragraph 1, 4 c after inserted the 4B following Z Z:



"4c. Torture (§ 312 a), disappearance of a person (§ 312 b) (and criminal offences after the twenty-fifth section, if a) (the perpetrator or the victim is Austrian, b) (other Austrian interests have been violated by the Act or c) the perpetrator at the time of the deed was a foreigner and either has his habitual residence in Germany or staying in Austria and not be delivered."

5. § 181f paragraph 1 Penal Code is:

"(1) Whoever kills specimens of protected wild species contrary to a law or a regulatory order, has destroyed their forms of development or extracts from nature or destroyed copies of a protected wild plant species, owns or takes from nature, is punishable by up to two years or up to 360 daily rates too concerned with money road, unless, of course, that the action concerns an only insignificant amount of copies and has only negligible impact on the conservation status of the species."

6. after section 312a, the following § 312 b together with heading is inserted:

"Disappearance leave a person

§ 312 b. Who kidnapped a person on behalf of or with the consent of a State or a political organization or otherwise deprives her personal freedom and the fate or whereabouts of the disappeared person veiled, is to be punished by imprisonment from one to ten years."

7. the twenty-fifth section header is as follows:

"Genocide, crimes against humanity, war crimes"

8. after paragraph 321, 321a following sections are inserted until 321j:

"Crimes against humanity

section 321a. (1) Whoever in the context of a broad or systematic attack directed against a civilian population



1. a person kills (section 75) or 2 with the intention to destroy a population, this or parts thereof is in living conditions, which are capable of fully or partially to bring about their destruction, wholly or in part is to be punished by life imprisonment.

(2) a person who drives slavery (§ 104) in the context of an attack referred to in paragraph 1, is punishable by ten to twenty years or with life imprisonment, the fact has the death of a person of consequence, to be punished by life imprisonment.

(3) a person who in the context of ABS. 1 designated attack



1. trafficking in human beings (Article 104a) exercises, 2. that distributes population in violation of international law from the area in which she are lawfully, or forced into another area deals 3. a person who is in his custody or otherwise under its control is great physical or mental pain or suffering, if this comes not only from a legal sanction , include or are related, 4 a person raped (§ 201) or sexual urges (§ 202), to prostitution compels (article 106 paragraph 3), deprived of reproductive performance (§ 85 Z 1) or with the intention of affecting the ethnic composition of a population or committing other serious violations of international law, a woman that is fueled by the use of coercion, perpetuated or 5 a person disappear (§ 312 b) is punishable by five to fifteen years , the Act has the death of a person means to punish with imprisonment from ten to twenty years or with life imprisonment.

(4) a person who in the context of an attack referred to in paragraph 1



1. a person a serious injury (§ 84 para 1) deals, personal freedom beyond 2. of a person in breach of international law in a serious way, or 3. pursues an identifiable group or community, by he evades her political, racial, national, ethnic, cultural or religious reasons, for reasons of sex, or for other under international law than not recognised basic human rights or significantly limit that is with imprisonment from one to ten years, the Act has the death of a person of consequence or is she committed with the intention to maintain an institutionalized regime of systematic oppression and domination a racial group by another, to punish with imprisonment from five to fifteen years.

War crimes against persons

§ 321 b. (1) anyone in connection with an armed conflict under international humanitarian law kills to protect person (section 75), is to be punished by life imprisonment.

(2) a person who takes a person to be protected according to international humanitarian law as a hostage in the context of an armed conflict, is to be punished by imprisonment from ten to twenty years, has the fact the victim's death resulted in imprisonment from ten to twenty years or with life imprisonment.

(3) a person who in connection with an armed conflict



1. an according to international humanitarian law protected person who is in his custody or otherwise under its control, inflicting great physical or mental pain or suffering, is this not only from a legal sanction arising, to include or are related, or 2. under international humanitarian law to protect person raped (§ 201) or sexual urges (§ 202) , she urges to prostitution (article 106 paragraph 3), deprived of the capacity to reproduce (§ 85 Z 1) or with the intention of affecting the ethnic composition of a population, a woman packed using coercion caught holding, with imprisonment from five to fifteen years, has the deed, with imprisonment from ten to twenty years or with life imprisonment to punish the death of the victim to result.

(4) a person who in connection with an armed conflict



1. one after the international humanitarian law to be protected person great physical or mental suffering or serious injury (§ 84 para 1) deals, 2. incorporates persons under 15 years of age for armed forces homeland or in this or homeland or in this incorporates persons under 18 years for armed groups or uses persons under 18 years of age to participate actively in hostilities, 3. sells the whole or a part of the civilian population or forcibly transferred to another area or arranges this expulsion or transfer , if it is not a temporary relocation is, which is offered in terms of the security of the civilians or imperative military reasons, 4. against a person to be protected by international humanitarian law a significant penalty imposed or enforced without this person in non-partisan ordinary court proceedings, which offers the internationally required legal guarantees, is been disposed, 5. a under international humanitarian law to protective person , which located in the power of another party to the conflict, puts in danger of death or serious health damage, by he even with their consent a) does on such a person attempts that are medically necessary nor be carried out in their interest, b) of such a person takes, tissue or organs for transfer purposes unless it is to the taking of blood or skin for therapeutic purposes in accordance with the generally accepted principles of medical , in which the person previously voluntarily and expressly agreed, or c) such a person in any other way undergoes a medical procedure that is required by their State of health and which is not with the generally recognized medical principles in accordance, or 6 a person to be protected by international humanitarian law in a serious way is degrading or demeaning treated with imprisonment from one to ten years , the fact is the death of the victim to result to punish with imprisonment from five to fifteen years.

(5) a person who in connection with an international armed conflict



1 person to protective a under humanitarian international law illegally kidnapped or trapped in (section 99) or their repatriation unjustifiably delayed, 2.

as a member of an occupying authority transferred a part of own civilian population into the occupied territory or the whole or a part of the population of the occupied territory within the same or from this area sells or transfers, 3 compels a person to be protected under international humanitarian law to serve in the forces of a hostile power (§ 105) or 4 does a member of the opposing party (§ 105) , to take part in acts of war against his own country, is punishable by from one to ten years to punish.

(6) according to international humanitarian law people are protected persons within the meaning of the Geneva Conventions for the protection of victims of war, Federal Law Gazette No. 155/1953, and its additional Protocols I and II (additional protocol to the Geneva Convention on the protection of victims of international armed conflicts (Protocol I) together with the annexes and Protocol to the Geneva Convention on the protection of victims of non-international armed conflicts (Protocol II) together with the explanation and reserved , Federal Law Gazette No. 527/1982) particularly wounded, sick, shipwrecked, members of the armed forces and fighters of the opposing party, who have unconditionally surrender or are otherwise out of Commission, prisoners of war and civilians, if and as long as the latter does not directly participate in hostilities.

War crimes against property and other rights

§ 321c. Who in the context of an armed conflict



1 loot or without that due to the demands of the armed conflict is, contrary to international law in substantial matters of the opposing party or destroyed by their relatives, appropriates or seized, 2. heritage in the meaning of the Convention for the protection of cultural property in event of armed conflict, Federal Law Gazette destroyed No. 58/1964, the extent or appropriates, or 3. contrary to international law rules, rights and claims of all or part of the members of the opposing party to be repealed or suspended or court are not enforceable, is to punish with imprisonment from one to ten years.

War crimes against international missions and abuse of protection and international distinguishing sign

§ 321d. (1) a person who in connection with an armed conflict



1. an attack directed against people, installations, material, units or vehicles involved in a humanitarian assistance mission, or a peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection is given to civilians or civilian objects under international humanitarian law, or 2 an attack directed against people, buildings, material, medical units and emblems , in compliance with the international humanitarian law with the protective character of the Geneva Convention for the protection of the victims of the war or their additional Protocols I and II (additional protocol to the Geneva Convention on the protection of victims of international armed conflicts - log together with the annexes and Protocol I to the Geneva Convention on the protection of victims of non-international armed conflict - Protocol II Declaration and reservations) as well as the additional protocol to the Geneva Conventions of August 12, 1949, concerning the adoption of an additional safety mark () Protocol III), BGBl. III No. 137/2009, are marked, is to punish with imprisonment from one to ten years.

(2) a person who in connection with an armed conflict by the Geneva Convention for the protection of victims of war or its Protocol III recognized protection symbol, the flag of truce or the flag, the military insignia and uniform of the enemy, neutral or others is not abused in the conflict of involved States, or the United Nations and as a result the serious injury of a person (§ 84 para 1) causes , with imprisonment from five to fifteen years, has the death of a person to follow-up action, to punish with imprisonment from ten to twenty years.

War crimes of the use of prohibited methods of warfare

§ 321e. (1) a person who in connection with an armed conflict



1 an attack directed against the civilian population as such or against individual civilians who do not directly participate in hostilities, 2. civilian objects, including cultural heritage, directed against an attack, as long as they are protected by international humanitarian law as such, 3. carries out an attack on undefended towns or demilitarized zones, 4. cultural heritage protected by reinforced or its immediate surroundings used to support military actions , 5 an attack performs, where he knows (§ 5 para. 3), that the attack will cause the death or injury to civilians or damage to civilian objects to an extent which is disproportionate to the concrete and direct military advantage anticipated total, 6 is an attack against dams, dikes and nuclear power plants, as long as they are not civilian objects in the sense of no. 2 , informed that the attack will cause that is disproportionate to the concrete and direct military advantage anticipated total killing or injury to civilians or damage to civilian objects to an extent, 7 performs an attack, having regard to the fact that the attack will cause widespread, long-term and severe damage to the natural environment, 8 a to protect humanitarian law person (§ 321 b para 6) used as a shield , to prevent the opponents of war actions against specific targets, 9 the starvation of civilians as a method of warfare is, it contains the items essential for it to them or aid hampered 10 as superior in violation of international humanitarian law, (§ 321 g para. 2) a subordinate who is subject to his actual command or governance and control, arranges or stated that no quarter will be given , or 11 treacherous kills a member of the opposing forces or a fighter of the opposing party or wounded, in cases of Z is 1 to 10 with imprisonment from one to ten years and in the case of the Z 11 with imprisonment of five to punish 15 years.

(2) has an act referred to in paragraph 1 Z 1 to 10 the injury (§ 84 para 1) a person to be protected by international humanitarian law (§ 321 b para 6) result, so the perpetrators with imprisonment from five to fifteen years, it has the death of such a person of consequence, to punish with imprisonment from ten to twenty years.

War crimes of the use of prohibited means of warfare

(1) who in connection with an armed conflict section 321f.



1. poison or poisoned weapons used, 2. used biological or chemical weapons or used 3 bullets which easily expand into the human body or flatten, in particular missiles with a hard coat, which is equipped with incisions or not entirely surrounds the core, is to be punished by imprisonment from one to ten years.

(2) has the fact the serious injury of a person (§ 84 para 1) result, so is the perpetrators with imprisonment from five to fifteen years, she has the death of a person of consequence or the means used (para 1) are intended for mass destruction and suitable, to be punished by imprisonment from ten to twenty years.

Responsibility as hierarchical superior

§ 321 g. (1) Whoever neglects as superior (para. 2), a subordinate, which is his actual command or governance and control, to stop, to commit an offence under this section is as a perpetrator of the act committed by the subordinates to punish.

(2) supervisors are military or civilian superiors, as well as persons who exercise real governance and control without military or civilian superior, in a force, a civilian organization or a company.

Breach of the duty of supervision

§ 321 h. (1) a commanding officer (§ 321 g para 2), which if it fails, a subordinate, which is his actual command or governance and control, to supervise, part is imprisonment from six months to punish with up to five years, if the subordinates committed an act under this section, their standing before there was the supervisor and that he could have prevented.

(2) Whoever as superior (§ 321 g para. 2) a negligence commits threatened action in para 1 sentence, is to punish up to three years imprisonment.

Omission of the message a crime

§ 321i. A supervisor (§ 321 g para. 2), which if it fails, an act under this section, that a subordinate has committed, is immediately for the investigation or prosecution such acts to bring competent authorities, to be punished up to five years by imprisonment of six months.

Acting on command or other arrangement

§ 321j. The culprit is due to a fact the §§ 321 321i not to punish b, if he commits the Act in execution of a military command or an any other arrangement of equivalent binding effect, if the offender does not recognize that the command or the order is unlawful and whose illegality is also not obvious."

Article 2

Amendment of the code of criminal procedure 1975


The code of criminal procedure 1975, BGBl. No. 631/1975, as last amended by Federal Law Gazette I no. 71/2014, is amended as follows:

1 in § 32 paragraph 1a is in no. 7, the point replaced by a semicolon and then appended the following Z 8:



"8. the falling within the jurisdiction of the District Court as the magistrate court crime according to section 25 of the criminal code."

2. in section 514, the following paragraph 26 is attached according to paragraph 25:

"(26) § 32 in the version of Federal Law Gazette I is no. 106/2014 with 1 January 2015 in force."

Article 3

Entry into force and transitional provisions

(1) article 1 of this Act shall enter into force 1 January 2015.

(2) before the entry into force of the Federal Act Federal Law Gazette I no. 106 / 2014 committed deeds whose Strafbarkeit has still not gone at this point and where the Statute of limitations not for any other reason is excluded, a statute not, unless it was one after the twenty-fifth section of the criminal code as amended by Federal Law Gazette I no. 106 / 2014 offence would meet.

Fischer

Faymann