Classified Regulation

Original Language Title: Verschlusssachenverordnung

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351. Regulation of the Federal Minister for Justice on the classification and treatment of classified information (classified information)

Due to § 145 (3) of the Criminal Procedure Code 1975 (StPO), BGBl. No. 631/1975, as last amended by the Federal Law BGBl. No. 71/2014, and Section 34c (3) of the Public Prosecutor's Law (StAG), BGBl. No. 164/1986, as last amended by the Federal Law BGBl. I No 71/2014, shall be arranged:

Subject matter and scope

§ 1. (1) The subject matter of this Regulation is:

1.

the handling of requests, orders and court orders with regard to investigative measures in the cases of Section 135 (2) and (3) of the StPO and Section 136 (1) (2) and (3) of the StPO, the results of which are transferred in the form of an image or a written form, and other reports and pieces of business directly related to it for the period during which they may not be taken into account in accordance with Section 145 (2) of the StPO; and

2.

the classification of investigative files (§ 34c StAG) and thus also the related diaries (§ 16 DV-StAG) as classified information as well as their treatment.

(2) This Regulation shall apply to the Central Office of the Federal Ministry of Justice and to all other departments in the field of judicial departments and to the ordinary courts. Unless otherwise specified, the Regulation on the implementation of the Public Prosecutor's Act (DV-StAG) and the Rules of Procedure for the Courts I and II shall apply. Instance (Geo.).

(3) As long as an investigative act is classified as a classified object (§ 2) or a separate closure act is conducted (section 3 (1) first sentence), the provisions of this Regulation shall also apply mutas to the corresponding national court Handakt (§ 507a Geo.) as well as the business remedies and documents of the General Procuratur. In the same way, the rules relating to the competent public prosecutor are applicable to the judicial bodies (judges, legal protection officers, auditor, etc.) which otherwise have been dealt with.

(4) The Head of the Public Prosecutor's Office or the Head of the Superior Public Prosecutor's Office may also, on a case-by-case basis, on the order of the Federal Ministry of Justice or with the agreement of the Federal Ministry of Justice or the Chief Prosecutor, -order further measures for the safe treatment and custody of closure acts.

(5) The provisions of the StPO, in particular those relating to the rights to information and access to the file, shall remain unaffected.

Classification of investigative files as classified information

§ 2. An investigative act shall be classified as a classified information if there are particular reasons for confidentiality. Such persons shall be subject, in particular, to a particular public interest in criminal proceedings relating to the exceptional importance of the offence to be investigated or to the function of the suspect in public life, and to the transfer of such information to the public. of information from the investigative procedure, with a particular risk to the persons or third parties affected by the investigation, the maintenance of public peace, order and security, or the purpose of the further investigation This would endanger investigations (Section 50 (1) of the last sentence of the StPO). Whether and how long an investigative act is conducted as a classified information, the head of the public prosecutor's office, the head of the supreme prosecutor's office or the Federal Ministry of Justice, decides the right to inspect the files (§ 51 StPO). not to be circumvented by this.

File formation

§ 3. (1) Insofar as the entire act is not taken as a closure act (Section 1 (1) (2)), all closure items concerning the same thing must be uncovered in a separate closure act (Section 145 (2) and (3) of the StPO). § § 8 and 8a DV-StAG as well as § § 507 to 508 Geo. in the respectively applicable version are to be applied in a reasonable way. The closing act and all the closure pieces are to be called "closure" at the top right of the closing act, moreover, to the right of the bottom right. The closing act must be placed in a file cover (§ 8a DV-StAG), which is to be marked on the outside only with the reference number and the endorsement "closure" or,, if not the inspection of the file ".

(2) Each act of closure shall be subject to a separate statement of orders concerning the course of the act which dealt with it and which provides information on those persons to whom access to the file has been granted or to which copies have been issued (clearings). have been followed. This arc has to remain in the relevant business unit.

(3) Where a separate closure act is conducted within the meaning of Article 1 (1) (1) (1) (1) (1), all communications, applications and addresses relating to the traffic between the public prosecutor's office, the court of law and the legal protection officer in connection with the Investigations pursuant to Section 135 (2) and (3) of the StPO or § 136 (1) Z 2 and 3 of the StPO result, all decisions of the General Court and orders of the Public Prosecutor's Office, as well as all reports on the implementation of the monitoring and all opinions on it. contrary to § 15a DV-StAG-not to set on the order and approval certificate, but rather its time Order in accordance with the closing act.

(4) If there are no specific reasons for secrecy (§ 2), the Public Prosecutor's Office may, in the case of an investigative measure pursuant to Section 135 (2) and (3) of the StPO, order that in this case the provisions of paragraphs 1 and 2 as well as § § 4 and 6 to 8 do not apply. , and instead to apply a separate portfolio (§ 8a Abs. 7 DV-StAG) for applications, decisions, orders and reports, to be marked as a closure according to this provision and to be kept separately. In this case, only the provisions of paragraph 3 as well as § § 5 and 9 apply.

Electronic records and registers

§ 4. In the case of electronic file management or the supporting use of case processing software, appropriate technical measures for secrecy and logging of the accesses shall be ensured. If, in accordance with Section 34a (2) of the StAG, use is made of registers with the aid of procedural automation justice (VJ), the case inspection for all non-case-processing, identical and non-case-working conditions shall be taken from the date of commencement of the closure guide. subordinated services. On the orders of the Head of the Public Prosecutor's Office and in accordance with the technical feasibility, the case inspection can also be excluded for employees of the case-processing department. In addition, the existing technical resources shall be used in the best possible way in order to ensure the appropriate implementation of the purposes of this Regulation.

Access permission

§ 5. (1) Access to the contents of classified information may be granted in addition to the persons referred to in § 1 (3), second sentence, as well as to their support (experts within the meaning of § 2 paragraph 5a of the Justice Support Agency-Law-JBA-G, BGBl. I n ° 101/2008) or the training of forces allocated to them only as many persons as is strictly necessary for the enforcement of the following provisions (entitled to access). The staff concerned must be particularly reliable and must be selected on the basis of their service requirements and demonstrably to know the provisions of this Regulation. Each access right is to be informed.

(2) Experts and interpreters shall be informed and required to comply with the following provisions within the framework of their assignment.

(3) Information on classified information shall always be treated in such a way as to ensure that its content does not come to the attention of unauthorised persons (secrecy).

(4) If there is a reasonable suspicion that an access-authorized disclosure has infringed or is to be infringed, the authorization shall be withdrawn for so long until the suspicion is invalidated.

Storage and transfer of closure records

§ 6. (1) Closure acts are to be kept locked together with the order sheet (§ 3 para. 2) in a specially designed secure filing cabinet. The key shall be blocked by the head of the business unit or its representative and may only be made available to the public prosecutor responsible (in the journal service) outside the hours of service. Closure acts or parts of the closure file may only remain in the room of the respective material worker with regard to the urgent need for service or under the responsibility of the person under whose responsibility they are transferred from the service rooms, and in accordance with the circumstances of the circumstances must be kept as safe as possible. The names of those staff who have been transferred from the offices of closure files or parts of the closure file shall be indicated in the order form, indicating the date of the shipment.

(2) In case of loss of keys, the security means shall be replaced. This also applies if there is reason to believe that the security means no longer provide protection.

(3) Closure acts shall be passed on through the business department or personally by the respective clerk. They are only to be followed against receipt of receipt and only to persons who can prove their entitlement to take over the act. The receipt of the closure file shall be confirmed by the requesting staff member on the order sheet by a personal signature, including the date and time.

§ 7. (1) Closure files may only be passed on or transported using a suitable, closable transport container (envelope, box, box, etc.), always to be respected for appropriate supply and unsealing arrangements. In the case of transport within the same house or in the case of traffic between the public prosecutor's office and the court, it is possible to dispense with a seal if other protective measures

(2) In places outside the house, closure files or closure pieces (copies) are in principle under,, double closure " to be transported or to be delivered, whereby the closure container in this case is in a neutral addressed larger Container (cover, box, box, etc.) must be located. In accordance with Section 136 (1) Z 3 of the StPO (German StPO) organs of the competent special unit pursuant to Section 6 (3) of the Code of Criminal Procedure, the service shall in principle be served by the judicial staff or in accordance with Section 82 (3) of the StPO. The Security Policy Act (SPG).

(3) If an envelope can be taken from the fact that an inlet piece is a classified information item, the cover must not be opened either by the entry point or by the business unit. Rather, the intake piece is to be forwarded immediately to the relevant department of the Public Prosecutor's Office. If this is not apparent from the address, the lead-in piece shall be handed over to the public prosecutor's office.

(4) If, for the first time, the Public Prosecutor's Office has submitted a written application to court in a case under closure (Section 101 (2) of the StPO), it shall be sealed together with the act in a sealed and with the "closure" , a document which is provided only with the Public Prosecutor's Office, the suspected offences, the existence of a juvenile criminal case or a criminal case of young adults, the coveted measures and the circumstance of the Closure management included request for business distribution To submit the criminal proceedings as well as the immediate notification of the file number to the Court of First Instance. The settlement shall only be effected by the judge responsible after the distribution of the business.

(5) In the case of first-time orders issued in the framework of the judicial service and journal service, the provisions of paragraph 4 shall apply in accordance with the provisions of the provisions of paragraph 4.

§ 8. (1) Reininscriptions shall be carried within the house in closed envelopes, which shall bear the words "closure" on the right hand side and shall be marked " for the self-contained opening by the head of the Court Division/Head of Unit/Head of the Public Prosecutor ' s Office ". After completion of the documents, ADV-supported documents must be deleted immediately, unless an electronic file guide is available or if case processing software is used in a supporting manner.

(2) The transfer of information from closure files by means of communication services such as telephone or electronic mail (e-mail) is only permissible if the discharge of the matter is urgent, a timely transport of the information to It is not possible to find a way and all the measures available to ensure that only the recipient who is entitled to receive the information has been made. Prior to the transfer of information, transmitted documents (scans) shall be marked as classified documents and it shall be ensured that the recipient, including the criminal police, is aware of the guidance as a classified information. The communication must be secured by means of adequate protection mechanisms which comply with the technical standard (encryption), or in such a way that the facts do not become comprehensible to third parties. All e-mails received and sent in relation to an act under closure must be printed out, taken to the closing act, stating the recipient/consignor as well as the date on the order sheet (§ 3 para. 2). and subsequently to delete any attachments secured by other appropriate measures secured to the act.

(3) Copies, printouts and other (electronic) documents relating to classified information, produced by the authorized person (§ 5 (1)) or on the basis of his/her arrangement as a mere working person, shall be subject to the provisions relating to the storage and storage of documents. Transfer of closure files (§ § 6 to 8 para. 2) mutatily. If they are no longer needed for the case processing, they must be destroyed immediately and permanently by means of appropriate procedures.

Reproduction and inspection of files

§ 9. (1) Abclearings and other copies of classified information which are not yet subject to the inspection of the file may only be made by particularly reliable agents and only on the basis of the authorisation of the head of the judicial department or of the Head of the Office of the Public Prosecutor's Office. On copiers, on which classified information is processed, the unauthorised reproduction shall be prevented by appropriate measures. In this case, attention must also be paid to the handling of the storage media used in the copying machine.

(2) The number of copies and other copies of a classified piece not yet released for access to the file may only be made in the number of copies required by the service. On each copy or undertaking of such a closure item, to be referred to the top right under the closure note

1.

how many copies or copies have been made;

2.

This is the kind of copy or commitment that it is.

(3) The names of those persons who have taken the inspection of the file and the number and use of the manufactured clearings of a closure piece shall be noted in the order form (Section 3 (2)), with the date of the date. If a statement is made according to the instruction of the court competent in the investigation procedure, the competent commercial department of the public prosecutor's office shall, in the provision of the act, the number and use of the copies made. in writing.

Unusual incidents and violation of secrecy rules

§ 10. Unusual incidents, such as loss, non-discovery and falsification of classified information must be reported immediately to the classified information officer (§ 11). It shall take all necessary measures to identify the information, to avoid any further disadvantages and to clarify the incident. These measures shall be documented in an appropriate manner in the investigating act. The loss shall also be notified to the official body from which this information was originally transmitted. In addition, any access authorized person shall immediately report a suspicion of breach of confidentiality rules or any otherwise discernible risks to the secrecy of the contents of closure files to the classified information officer immediately.

Closure Agent

§ 11. For each Public Prosecutor's Office, Chief Public Prosecutor's Office and the General Procurature, the respective Head, State Court, each Higher Regional Court and the Supreme Court shall be appointed by the respective President Appoint a staff member to the classified information officer as well as a further staff member to appoint his deputy. In the selection of persons, attention must be paid to experience, reliability and highest integrity. The following tasks shall be assigned to the classified information officer:

1.

the identification of those persons who are to be granted access to classified information in accordance with § 5 of this Regulation on the obligation to maintain secrecy of the content of closure acts and the provisions of this Regulation,

2.

the receipt of notifications of the breach of this Regulation or related security risks and unusual incidents, as well as the setting-up of necessary measures (§ 10),

3.

the sample checks on compliance with the provisions of this Regulation.

Closure of the closure

§ 12. (1) As soon as a separate closure act pursuant to section 1 (1) (1) (1) is to be taken into account in accordance with Section 145 (2) of the StPO, the endorsement "closure" shall be deleted and the closure act shall be classified as a separate order number in the act of inquiry.

(2) If the entire act is conducted as a closure act (Section 1 (1) (2) (2)), the closure procedure shall be completed with the termination of the investigation procedure after the 10. up to 12. To terminate the main part of the StPO or with the granting of unrestricted access to the parties to the proceedings. If the closure of an entire investigative act is lifted, the words "closure" shall be deleted and the act shall be continued in accordance with the general principles.

Linguistic equality

§ 13. Personal expressions in this Regulation shall include both women and men. In applying the name to certain natural persons, the gender-specific form shall be used.

entry into force

§ 14. (1) This Regulation shall enter into force 1. Jänner 2015 in force.

(2) With the entry into force of this Regulation, the classification of classified information shall enter into force for the implementation of optical or acoustic surveillance, BGBl. II No 256/1998, except for force.

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