351. Regulation of the Federal Minister of Justice on the classification of as and the handling of classified information (classified Regulation)
On the basis of section 145 subsection 3 of the code of criminal procedure (StPO), Federal Law Gazette 1975 no 631/1975, as last amended by Federal Law Gazette I no. 71/2014, and § 34 c par. 3 of the public prosecutor's Office Act (StAG), Federal Law Gazette No. 164/1986, as last amended by Federal Law Gazette I no. 71/2014, is prescribed:
Subject matter and scope
1. (1) subject to this regulation is 1 the handling of motions, orders and judicial authorizations with regard to investigative measures in the cases of section 135, paragraph 2 and 3 StPO and article 136 par. 1 Z 2 and 3 StPO, whose results transmitted in the image or writing and other directly related reports and business pieces it StPO not are allowed for the period in which pursuant to article 145, paragraph 2 to the Act , and 2. the classification of investigation files (§ 34 c StAG) and hence the associated diaries (§ 16 DV-StAG) as classified, as well as their treatment.
(2) this Regulation shall apply to the Central Office of the Federal Ministry of Justice and all other services in the area of the Justice Department and the courts. As far as nothing else is determined in detail, are the regulation for the implementation of the public prosecutor's Office Act (DV-StAG) and the rules of procedure for the courts of I. and II. apply instance (GEO.).
(3) as long as an investigation act as Cap thing is classified (section 2) or a separate Act of closure is done (section 3 para 1 first sentence), apply the provisions of this regulation also apply accordingly for the corresponding country judicial hand Act (§ 507a geo.) as well as the business AIDS and documents of the 3supreme. Also by analogy apply to connect otherwise concerned judicial organs (judges, law protection officer, Auditor, etc.) the regulations concerning thing-working Prosecutor.
(4) on order of the Federal Ministry of Justice or with the consent, even further, beyond the content of this regulation measures for the safe handling and storage of lock files can align the head of the public prosecutor's Office or the head of the parent Chief State Prosecutor in the case.
(5) the provisions of Ccrp, in particular those concerning the rights to information and inspection, remain unaffected.
Classification of investigation files as classified
§ 2. An act of discovery is as classified, if there are special reasons for non-disclosure. Such in particular occur if criminal proceedings due to the exceptional importance of the offence enlightening to or the function of the suspects in public life there is a particular public interest and propagating information from the investigation with a special danger for the people affected by the investigation or third parties, the maintenance of public peace, order and security would or would jeopardise the purpose of the further investigations (§ 50 para 1 last sentence StPO). Whether and how long an investigation act as Cap thing is run, decides the Director of public prosecutions, the head of the parent higher State Prosecutor's offices or the Ministry of Justice, the law on inspection of files (article 51 StPO) this must not be circumvented.
§ 3 (1) as far as not the entire Act Cap Act will led (§ 1 para 1 No. 2), all fittings related to same thing, are to join a separate closure Act (§ 145, para. 2 and 3 StPO). The §§ 8 and 8a DV-StAG, as well as sections 507-508 geo. in the current version are to apply by analogy. The CAP Act and all fittings are top right, the Act of closure also right below, to denote marked "Lock". Mark is the Act of closure is to put the outside only with the reference number and marked "Lock" a file covers (§ 8a DV-StAG) or is subject to the inspection of files not".
(2) over every act of closure, a private arrangement bow is to lead, which shows over the course of the Act, dealing with him and those people, was granted access to the file or copies (photocopies) were followed out. This arrangement bow has to remain in the Business Department.
(3) is run a separate closing Act in the sense of § 1 para 1 No. 1, so are all notices, requests and correspondence, the in the traffic between the public prosecutor's Office, Court and in legal safety in connection with investigative measures under article 135, par. 2 and 3 StPO or article 136 par. 1 Z 2 and 3 StPO result, all decisions of the Court and orders of the public prosecutor's Office, as well as all the reports on the implementation of the monitoring and all submissions for this purpose - contrary to section 15a of the DV-StAG - not on the issuing and To create approval sheet, but to classify their chronological order after the Act of closure.
(4) If no specific confidentiality reasons (§ 2), the public prosecutor's Office when an investigative measure may 2 and 3 StPO order para under section 135, that appears in this case the provisions of paragraphs 1 and 2 as well as the sections 4 and 6 to 8 not be applied and instead an own solution (§ 8a section 7 DV-StAG) for applications, decisions, create orders and reports, is to mark closure under that provision and to be kept separately. In this case, only the provisions of the paragraph apply mutatis mutandis 3 and of articles 5 and 9.
Electronic file management and register
§ 4. Electronic filing or the supporting use of case processing software is through appropriate technical measures to ensure confidentiality and logging of accesses. Is pursuant to section 34a para 2 StAG by the operation of registries with the help of process automation Justice (VJ) use made, case insight for all non case processing, exclude same - and subordinate departments is as of the date of commencement of the fastener Guide. On the orders of the Director of public prosecutions and in accordance with the technical feasibility the case access for employees of case processing unit is to exclude. The rest are technical resources to use in order to ensure an appropriate implementation of the purposes of this regulation.
§ 5 (1) access to the content of classified may except to § 1 section 3 second sentence persons referred to, as well as the them to support (expert within the meaning of article 2 paragraph 5a of the Justizbetreuungs agency law JBA-G, BGBl. I no. 101/2008) or education allocated forces only so many people come to, as it is strictly necessary for the execution of the following regulations (authorized users). Eligible employees must be especially reliable; they are to select according to business requirements and proven to teach about the provisions of this regulation. Any access permission is on record to make.
(2) experts and interpreters are to inform her involvement through the following regulations and to commit to their compliance.
(3) classified information are always to treat and keep your content getting unauthorized persons do not agree (secrecy).
(4) in case of justified suspicion that a legitimate access has violated confidentiality rules or is hurt, is the permission so long to escape, until the suspicion has been refuted.
Storage and transfer of lock files
Lock files are 6 (1) together with the order form (section 3 paragraph 2) in a secure filing cabinet dedicated blocked to be kept. The key is to keep blocked by the head of the Business Department or his representative and may be made outside the hours of service accessible only the public prosecutor responsible (in the journal service). Lock files or shipping final act parts may remain only with urgent business need in a room of the appropriate officer or be spent under his responsibility from the service spaces, where is to pay attention to a possible safekeeping under the circumstances. The names of those officials who spend lock files or shipping the final parts of the premises, are to indicate date of shipment in the order form.
(2) in the case of loss of keys are the means to share. The same applies if there is reason to believe that the securing devices offer no protection.
(3) lock files are to pass the Business Department or personally by the respective clerk. You are only against receipt and only to people to follow out, who can prove their authorization for the transfer of the Act. The Act of closure is to be confirmed by the requesting Member of staff on the order sheet by handwritten signature with date and time.
§ 7 (1) lock files may be passed only by using a suitable, lockable transport container (envelope, box, crate, etc.) or promoted, which is always to ensure adequate supply and unsealing. Transportation within the same building or in the traffic between the public prosecutor's Office and court can be omitted in compliance with other protection measures on a seal.
"(2) in places outside of the House are locking files or locking parts (copies) in principle under double lock," to promote or to deliver, to find has become with the lock container in this case in the same neutral addressed larger container (envelope, box, crate, etc.). Judicial staff are basically with the delivery or in accordance with section 82, paragraph 3 StPO bodies of the case leading criminal police unit, in cases of § 136 paragraph 1 Z 3 StPO organs of competent special forces after § 6 ABS. 3 of the Security Police Act (SPG) to hire.
(3) if can be found in an envelope, that a piece of the inlet is a classified the envelope must be opened by the enema agent nor by the Business Department. The inlet is instead immediately forwarded to the competent Department of the public prosecutor's Office. If this is not obvious from the address, the inlet of the direction of the public prosecutor's Office is to pass.
(4) the public prosecutor's Office in an investigation Act listed under lock and key for the first time making a written request to court (§ 101 paragraph 2 StPO), so this is the Court, together with the Act in a sealed and bearing the marking "Lock" envelope connection a request containing only the Prosecutor file number, the offenses constituting the suspicion, the existence of a case of youth or young adult criminal cases, the coveted measures and the fact of the fastener Guide for business distribution proper allocation of criminal proceedings, as well as immediate notification of the file number to transmit. The unsealing has only be carried out by the judge after the business distribution.
(5) in the case of initial applications, taken within the framework of the judicial reputation preparedness and journal service, the provisions of paragraph 4 shall apply mutatis mutandis.
Fair are section 8 (1) to promote, within the home in sealed envelopes right up to bear the note "Closure" and are to be provided with the note "to be open by the head of the judicial department/head of unit/group leader/Director of public prosecutions". After completion of the fair are ADV supported immediately to delete produced documents, unless there is not an electronic filing or case processing software support is used.
(2) the disclosure of information from lock files in the way communications services such as telephone or electronic mail (E-Mail) is allowed only if the handling of the matter urgent, a timely transport of information not possible and all available measures to ensure that only the recipient to legitimate receives the information, have been made otherwise. Prior to the transmission of information transmitted documents (scans) as fittings are to be marked and it is to make sure that the receiver, so even at the Criminal Investigation Department, there is knowledge of the lead as classified. The communication is to secure adequate protection mechanisms, which comply with the technical standards (encryption), or to conduct that the facts will not understand third party. All sent and received emails in relation to an Act listed under lock and key are to print to the closing Act, specifying recipient/sender and date on the order sheet secured could be connected the Act (§ 3 par. 2) Note and then delete, so any attachments by other suitable measures.
(3) for the party entitled to access (§ 5 para 1) or copies through its arrangement as a mere expedient of work, prints and other (electronic) documents relating to classified information, apply the rules on the storage and transfer of lock files (articles 6 to 8 para 2) mutatis mutandis. They are no longer needed for the processing of the case, they are using appropriate methods to destroy immediately and permanently.
Reproduction and inspection
Photocopies and other reproductions of classified information, which still is subject to the inspection of files not, May 9 (1) only by particularly reliable agents and are made only on the basis of an authorization of the head of the judicial department or the head of unit of the public prosecutor's Office. On copiers, which handled classified information, the appropriate measures to prevent unauthorized reproduction is. There is also pay attention to dealing with the storage media used in the photocopier.
(2) photocopies and other reproductions of a closure piece freely given to the inspection may be made only in the official number. On every copy or illumination piece of closure is under the closure notice right to pass up on 1 how many copies or photocopies have been made
2. which number copy or illumination it is.
(3) the names of those individuals who took the documents, and the use of produced photocopies of a closure piece and number are to note: enclosing the date in the order sheet (§ 3 par. 2). Photocopies are made according to instructions of the pre-trial court, is the competent Division of the public prosecutor's Office in the provision of the Act in writing the number and the use of the manufactured copies.
Unusual incidents and violation of rules on confidentiality
§ 10 unusual incidents such as the loss, the non-location and the falsification of classified information are immediately to sign the classified representative (section 11). This has all necessary measures to find the information, to avoid any further disadvantages and to the investigation of the incident. These measures must be documented in an appropriate manner in the Act of discovery. Loss is also the official place to communicate, which this information was originally delivered. In addition, any authorized users has immediately to report a suspected of violation of confidentiality requirements or otherwise identifiable risks for the secrecy of the contents of lock files classified representative.
§ 11. For each public prosecutor's Office, Chief State Prosecutor and the 3supreme a suitable official to the classified representative and additional staff to his Deputy is to by the respective managers for each District Court active in criminal, each higher regional court and the Supreme Court by the respective President order. At the choice of the people is to ensure experience, reliability and highest integrity. Classified representative responsibility for following tasks: 1. the verifiable information of people who should get access to classified information according to § 5, about the obligation of secrecy of the contents of lock files and the provisions of this regulation, 2. vulnerabilities related to receiving of messages about the infringement of this regulation or so and unusual incidents, as well as the setting of required measures (§ 10), 3. the random control of compliance with the provisions of this regulation.
Lifting of the closure notice
12. (1) whenever a pursuant to section 1 para 1 1 guided separate closure Act the Act to StPO is Z pursuant to article 145, paragraph 2, is to delete the marked "Lock" and classified the closing Act in the investigation act as their own serial number.
(2) the whole Act as an act of closure is done (section 1 para 1 No. 2), the closure lead to the termination of the investigation is to end after the 10 to 12 main piece of the Ccrp or granting unlimited access to the file to the parties to. Is the closure lead of an entire investigation Act is repealed, the notice to delete "Closure" and the Act is based on the General principles to continue.
Linguistic equal treatment
§ 13 personal expressions in this Regulation include women and men alike. In applying the term to certain natural persons, the respective gender-specific form is to use.
Entry into force
14. (1) effective this regulation with 1 January 2015.
(2) with the entry into force of this regulation occurs the classified rules for the implementation of an optical or acoustic surveillance, Federal Law Gazette II No. 256/1998, override.