Criminal Law Amendment Act 2014

Original Language Title: Strafprozessrechtsänderungsgesetz 2014

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71. Federal Law, with which the Code of Criminal Procedure in 1975, the Juvenile Court Act 1988, the Suchtmittelgesetz, the Public Prosecutors Act, the jury and the Schöffengesetz 1990 and the Fees Act are amended (Criminal Procedure Change Act 2014)

The National Council has decided:

table of contents

Article 1

Amendment of the Code of Criminal Procedure in 1975

Article 2

Amendment of the Youth Court Act 1988

Article 3

Amendment of the Suchtmittelgesetz

Article 4

Amendment of the Public Prosecutor's Act

Article 5

Amendment of the jury and Schöffengesetz 1990

Article 6

Amendment of the Fees Act

Article 7

Entry into force and transitional provision

Article 1

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 195/2013, shall be amended as follows:

1. In Section 1 (2), the first sentence reads as follows:

" The criminal procedure begins as soon as criminal police or the public prosecutor's office for the clarification of an initial suspicion (para. 3) determine in accordance with the provisions of Part 2 of this Federal Law; it is to be carried out as an investigative procedure against unknown perpetrators or the suspected person, when not a person is concretely suspected on the basis of certain facts, a to have committed an offence (Section 48 (1) (2)), after which it is conducted as an investigative procedure against this person as a defendant. "

2. In § 1, the following is added after paragraph 2:

"(3) An initial suspicion shall be provided if, on the basis of certain indications, it may be assumed that a criminal offence has been committed."

3. In § 2 (1) the word "Suspicion" by the word "Initial Suspicion" replaced.

4. In Article 26 (2), the following last sentence is added:

"In the event of a provisional resignation from the prosecution, paragraph 1 shall not apply."

5. In § 31 (1), the point at the end of Z 4 shall be replaced by an accoration; the following Z 5 shall be added:

" 5.

the review of the maximum duration of the investigative procedure (§ 108a). "

Section 32 (1) reads as follows:

" (1) The regional court as a jury of jury is composed of the jury of the jury and the jury. The jury is made up of three judges, and the jury is staffed with eight jurors. The Landesgericht (Regional Court) as a public court-except for the case of para. 1a-consists of a judge and two spoons. "

7. In § 32, the following paragraph 1 is inserted after paragraph 1:

" (1a) The Regional Court as a Schöffengericht (Court of Appeal) consists of two judges and two spoons in the main proceedings for the following offences:

1.

Total strike (§ 76 StGB);

2.

Serious robbery (§ 143 of the Criminal Code) and other criminal acts against foreign assets, insofar as the level of the threat of punishment depends on the value of the object against which the act is directed, or of the amount of the damage determined in terms of cifference. depends on the act or on which the offense extends, provided that the values or claims exceed EUR 1 000 000;

3.

Arson (§ 169 of the German StGB), deliberate exposure to nuclear energy or ionizing radiation (§ 171 StGB), deliberate exposure to explosives (§ 173 of the German StGB), deliberate danger to the community (§ 176 StGB), and the production and distribution of Weapons of mass destruction (§ 177a of the StGB);

4.

Rape (§ 201 StGB), serious sexual abuse of indisputable persons (§ 206 StGB) and the crimes referred to in § 31 (3) Z 4;

5.

Abuse of authority pursuant to § 302 (2) second sentence of the German Criminal Code (StGB) and offences in accordance with § § 304 to 309 of the German Criminal Code (StGB), to the extent that the accused is responsible for the execution of a 100 000 euro of damage or the commission of the act with regard to a 100 000 euro an overly increasing advantage is placed on the load;

6.

financial offences, in so far as the leftist penalty-determining value exceeds EUR 1 000 000; and

7.

Terrorist organisation (§ 278b StGB) as well as other offences covered by the preceding paragraphs, which are committed within the framework of a criminal organisation or a criminal organisation (§ § 278 and 278a StGB). "

8. In Article 37 (2), the following last sentence is added:

"In the event of a provisional resignation from the prosecution, paragraph 1 shall not apply."

9. In § 41, paragraph 1, the word in the second sentence shall be: "Accused" by the word "Defendants" replaced and in the last sentence before the word "Schöffengerichts" the twist "pursuant to section 32 (1)" inserted.

10. In § § 41 (2) and (3) and (42) (2) and (3), the word shall be "Accused" by the word "Defendants" replaced.

Section 48 (1) reads as follows:

(1) For the purposes of this Act,

1.

"suspect" means any person against who is determined on the basis of an initial suspicion (§ 1 para. 3),

2.

"Accused" of any suspects, as soon as he is concretely suspected of having committed a criminal offence on the basis of certain facts and in order to clarify this particular suspicion after the 8. or 9. The main part of this federal law is evidence of evidence or investigations being carried out or carried out,

3.

"Accused" of any accused person, who has been brought against the prosecution,

4.

"person concerned" means any person who is directly affected by the arrangement or execution of coercion in their rights;

5.

"Defender" means a person entitled to exercise the legal profession, an otherwise legally authorised representative in the criminal proceedings, or a person who has acquired the teaching authority for criminal law and criminal procedural law at a national university, as soon as has authorized the accused as legal councor and a person who has been appointed to the accused under the provisions of this Act as legal councor.

12. In § 48 (2), before the word "Indicted" the word "Suspect" and insert a dash.

13. § 75 (5) deleted.

14. § 76 (4) reads:

" (4) A transmission of personal data determined in accordance with this law requires an express statutory authorisation as well as the admissibility of their use in criminal proceedings as proof. It must not be held if, in individual cases, the protection interests which are worthy of protection (§ § 1 (1), (8) and (9) of the DSG 2000) outweigh the purposes pursued by the transmission. In addition,

1.

Data obtained through a physical examination, a molecular genetic examination (§ § 123, 124) or an investigative measure according to the 4. to 6. Section of the 8. the main item has been identified, only

a)

to prosecutors and tribunals for criminal justice purposes,

b)

to security authorities except in the case of section 124 (5) for the purpose of security police, insofar as this is for the defence against significant punishment of endangered acts (§ 17 SPG) as well as the defection of significant dangers for life, body or freedom of a person or in the case of substantial assets and assets, and

c)

to courts and other authorities for the purpose of carrying out proceedings for disciplinary offences committed by the offence or of civil claims derived from this act;

2.

Other personal data determined by this law

a)

public prosecutors and courts for the purposes of criminal and civil justice;

b)

security authorities and criminal police for the purposes of security administration and criminal justice,

c)

Financial penalties for their services in the context of criminal justice, and

d)

all the courts and authorities mentioned in order to check the legality of the actions of the said institutions

shall be forwarded. "

15. In Article 91 (2), the following sentence is added:

"The mere use of publicly accessible or internal information sources as well as the execution of enquiries to clarify whether an initial suspicion (§ 1 para. 3) is present do not constitute an investigation in this sense."

16. In § 100, the following paragraph 3a is inserted after paragraph 3:

" (3a) The Criminal Police shall also report to the Public Prosecutor's Office if there is no initial suspicion from their point of view, or if there is any doubt as to whether there is an initial suspicion that it would be entitled and obliged to investigate the matter. "

16a. In § 104 (1), the first sentence reads as follows:

" The court has to carry out the reconstruction of the facts in accordance with the provisions of § 150 and the contradictorious testimonies of witnesses and defendants in accordance with the provisions of § 165, as well as in the cases of § § 101 (2) and 126 (5) the requested To include evidence in accordance with the relevant provisions, in the case where the taking of evidence by experts is subject to Section 55, with the proviso that the lack of justification for the suitability of clarifying the issue of evidence in order to cease the taking of evidence is only if the request for delay has been made. "

17. In § 108 (2), the third sentence shall be taken after the word "Request" the twist "At the latest within four weeks" inserted.

18. In accordance with § 108, the following § 108a with headline is inserted:

" Review of the maximum duration of the investigative procedure

§ 108a. (1) Until the prosecution (§ 210) or the termination of the investigation procedure after the 3. In principle, the duration of the investigative procedure may not exceed three years.

(2) If the investigative procedure cannot be terminated before the end of the period referred to in paragraph 1, the Public Prosecutor's Office shall, together with an opinion on the reasons for the duration of the investigation, refer the matter to the General Court.

(3) Insofar as no reason for an adjustment of the proceedings pursuant to § 108 (1) Z 1 or 2 exists, the court has to say that the maximum duration of the investigation procedure is extended by two years and whether one of the prosecutor's office is to be required Violation of the Acceleration Bid (§ 9) with regard to the intensity of the offence and the behaviour of the accused in relation to the extent of the investigation, the complexity of the facts and legal questions to be resolved and the number of participants of the process. The provisions of § § 105 (2), 106 (5), last sentence, and 108 (4) apply analogously.

(4) If the investigation procedure cannot be terminated before the expiry of the period extended in accordance with paragraph 3, the Public Prosecutor's Office shall again refer the case to the manner referred to in paragraph 2. In this case, the Court of First Instance shall, in turn, proceed pursuant to paragraph

(5) The periods provided for in the preceding paragraphs are triggered by the procedural acts referred to in Section 58 (3) (2) of the German Civil Code (StGB) for each of the accused persons involved, periods of judicial proceedings pursuant to Sections 108 and 112 as well as periods of the Legal assistance requests from foreign judicial authorities are not to be included in the time limit. If a procedure broken down in accordance with § 197 or a procedure terminated in accordance with § § 190 or 191 is continued or an investigation procedure is reopened in accordance with § § 215, 352 (1) or 485 (1) Z 2, the period referred to in paragraph 1 shall begin to run anew. "

19. In § 110 (1) (2), the parenthesis shall be deleted.

20. In Section 110 (3), the Z 3 reads as follows:

" 3.

which are found within the scope of a search pursuant to § 120 paragraph 2 or with which a person who is arrested for the reason of § 170 paragraph 1 Z 1 has been entered or who has been found within the scope of her search pursuant to § 120 (1) second sentence or "

21. § 110 (3) Z 4 reads as follows:

" 4.

in the cases referred to in Article 18 of Regulation (EU) No 608/2013 on the enforcement of intellectual property rights by the customs authorities and repealing Council Regulation (EC) No 1383/2003, OJ L 245, 29.8.2003, p. No. OJ L 181 of 29.06.2013 p. 15.

22. In § 115 (1) (2), the parenthesis shall be deleted.

23. In § 126 (3), the last sentence is:

"The accused shall be responsible for making the order together with information on his/her rights as referred to in paragraph 5."

24. In § 126 (4), in the second sentence, the parenthesis " (par. 3) " by the citing quote " (par. 5) " replaced.

25. In § 126, the following paragraph 5 is added:

" (5) In the investigation proceedings the accused has the right, within 14 days of delivery (para. 3) to submit a request for his/her revelation to the expert of the expert, knowledge of a reason or reasonable doubt, he may also request the order in the course of judicial inquiry and another one, according to the criteria of the subject (s) 2) propose a better qualified person to order. If the Public Prosecutor's Office does not wish to give a consequence to the request for reordering, or if judicial evidence of evidence has been requested, it shall submit the request to the General Court without delay, together with an opinion. If the expert has been appointed by the court, it shall decide on a request after the first sentence by decision. "

26. In § 175 (5) the word "accused" by the word "Indicted" replaced.

27. In § 178 (3) the word "Accused" by the word "Accused" replaced.

28. § 194 (2) reads as follows:

" (2) In an understanding of the cessation of the investigation procedure it is to be found for which reason (§ § 190 to 192) the proceedings have been terminated; if necessary, the reservation of subsequent prosecution (§ 192 para. 2) should be included. In addition, persons who are entitled to submit a request for continuation (Section 195 (1)) shall be informed of the possibility of submitting an application for the continuation and the conditions of the application, as well as of the fact that the application shall be submitted within 14 days of the application. request a statement of reasons in which the facts and considerations on which the cessation is based are to be found in the form of a repressed presentation. The right to demand such a justification is also entitled to the accused, of which he is also to be informed in the communication after the first sentence. "

29. In Section 204 (1), after the word "resign" the phrase "or, in the case of a proceeding pursuant to paragraph 3, resign definitively" inserted.

30. The following last sentence is added to section 204 (3):

"In this case, the prosecution has provisionally resigned from the prosecution."

31. § 205 (2) reads as follows:

" (2) If the Public Prosecutor's Office has proposed to the accused to pay a sum of money (Section 200 (4)), to provide charitable services (Section 201 (4)) or to take on a trial period and any duties (Section 203 (3)), or is the Prosecutors have provisionally resigned from the prosecution of the offence (§ § 201 (1), 203 (1), 204 (3)), so it has to continue the criminal proceedings if:

1.

the accused does not pay or pay the sum of money, together with any claims for damages, or the non-profit-making services, together with any compensation for the consequences of the event, or if a compensation agreement is not concluded or if it is not fulfilled by the accused person,

2.

the accused does not sufficiently fulfil his obligations, does not provide the fee for the costs of the lump sum (§ 388 (1) and (2)) or is persistently withdraws from the influence of the probation officer; or

3.

A criminal procedure shall be initiated against the accused before the end of the probative period or before the repayment of the final report in accordance with Section 204 (4) for another offence. In such a case, the subsequent continuation of the proceedings shall be admissible as soon as the accused has been brought against the accused on account of the new or newly identified criminal offence, even during three months after the date of introduction, even after the date of the introduction of the offence. if the trial period has now expired. However, the subsequent criminal proceedings must be terminated in accordance with the remaining conditions, if the new criminal proceedings are terminated in a different way than by a guilty verdict. "

32. In § 205 (5), after the word "Payments" the phrase "and other compensatory measures" inserted.

33. In § 222 (3), the last sentence is:

' In the case of such a counterstatement, paragraph 1 shall apply; if the indictment is based on the findings and expert opinions of an expert, the counterstatement may give an opinion, including the conclusions of a person with special expertise, in order to justify a statement of reasons. the application of the evidence referred to in paragraph 1. "

34. In § 232, paragraph 2, the word "Ermittelung" by the word "Determination" replaced.

35. In § 249 (3), the last sentence is:

"This may assist the defender in the question or even ask questions about findings and expert opinions to the expert."

36. In § 266 (1) the word "Accused" by the word "Defendants" replaced.

38. In § 393 (1a) the word shall be: "Accused" by the word "Accused" replaced.

39. In § 393a (1), paragraphs 1 to 4 shall be amended as follows:

" 1.

in the proceedings before the Regional Court as a jury, EUR 10 000;

2.

in the proceedings before the Regional Court as a public court of 5 000 Euro,

3.

in the proceedings before the Court of Justice of the Regional Court, EUR 3 000;

4.

in the proceedings before the District Court 1 000 Euro. "

40. In § 395, paragraph 5, the word "Accused" in each case by the word "Defendants" replaced.

41. In § 438, after the word "judicial institution" the phrase "a regional court" inserted.

42. In § 451 (1) the word "Accused" in each case by the word "Defendants" and in paragraph 3, the word "accused" in each case by the expression "Indicted" and the word "Accused" by the word "Defendants" replaced.

43. In § 489 (1), the second sentence reads:

"§ § 281, 282 (2), 285 (2) to (5), 465 to 467, 469 to 476 and 479 shall apply mutatily to the procedure."

44. According to § 490, the following is 23a. Main item including heading and § 491 inserted:

" 23a. Main item

Mandate procedure

§ 491. (1) In proceedings before the District Court and before the Regional Court as a single judge, the General Court may, at the request of the Public Prosecutor's Office, fix the sentence by written sentence without any preceding main hearing, if:

1.

the accused was interrogated in accordance with § § 164 or 165 for accusation of charges and, according to information on the consequences, expressly waived the conduct of a main hearing,

2.

there is no reason for a proceeding in accordance with § § 191 (2), 199 or other provisions referring thereto, § § 450, 451 (2) or 485 (1) (2) or (3) and § 37 of the SMG (German Act on the Law of the State),

3.

the results of the investigative procedure in connection with the responsibility of the accused are sufficient to assess all the circumstances of the guilt and criminal case, as well as the rights and legitimate interests of the victim, Impairment.

(2) Only a fine or-as far as the defendant is represented by a defender-shall be punishable by a custodial sentence of one year in accordance with Section 43 (1) of the StGB (German Criminal Code). An opposition pursuant to Section 494a (1) (4) is to be reserved to the court which is competent pursuant to Section 495.

(3) Insofar as the court considers this to be necessary in order to clarify the conditions laid down in paragraph 1, it may hear the accused and the victim and, if necessary, proceed according to § 69.

(4) The penal order must include:

1.

the name of the court and the name of the judge;

2.

the surname and surname, as well as any earlier name, date and place of birth, nationality and profession of defendant,

3.

the judgment of the Court of First Instance on the guilt of the defendant with all the points referred to in Article 260,

4.

the facts adopted by the court as proven by the court, as well as the relevant circumstances for the measurement of the sentence and, where applicable, the circumstances of the assessment of the daily rate (section 19 (2) of the Criminal Code), in key words,

5.

information on the right to object, with the clear indication that the sentence would be transferred with all the effects of a conviction in legal force and would be enforced if such a conviction is not or not in good time is collected.

(5) The penal order shall be sent to the accused and, where appropriate, to his defender and to the victim and, where appropriate, his representative, together with the application for criminal proceedings, to the manner referred to in § 83 (3).

(6) The public prosecutor's office, the defendant and the victim may, within four weeks of notification, object to the order in writing of the sentence of the order issued by the court, and it is sufficient for the document to have the intention of: Objection to be raised clearly.

(7) The court has the right to reject the opposition as inadmissible if it is delayed or if it has been brought by a person who does not have the objection or who has waived the opposition. Against this decision, the appeal (§ 87) to the appeal court is pending; it has a suspensive effect.

(8) In the event of an admissible opposition, the main trial shall be ordered (§ § 455, 488); § 43 (2) shall apply mutaficly.

(9) If an objection is not filed or a claim is rejected as inadmissible, the criminal order shall be equal to a final judgment and shall be in accordance with the provisions of the 19. Main piece to execute. "

45. In § 514, the last paragraph is renamed in para. 24, there the quote "20a (6)" in the citation "20a (1) Z 6" , and after this paragraph, the following paragraph 25 is added:

" (25) § 76 (4) in the version of the Federal Law BGBl. I No. 71/2014 occurs with 1 November 2014, § § 1 (2) and (3), 2 (1), 26 (2), 31 (1), 32 (1) and 1a, 37 (2), 41 (1) to 3, 42 (2) and (3), 48 (1) and (2), 91 (2), 100 (3a), 104 (1), 108 (2), 108a, 110 (1) and (3), 115 (1), (2) and (2), (2) and (2), (1) and Paragraph 1, 126 (3), (4) and (5), 175 (5), 178 (3), 194 (2), 204 (1) and (3), 205 (2) and (5), 222 (3), (2), (2), (2), (3), (2), (2), (3), (2), (3), (2), (2), (2), (2), (2), (2), (2), (2), (2), (2 Federal Law BGBl. I n ° 71/2014 are due to 1. Jänner 2015 in force. Section 75 (5) in the version of the Federal Law BGBl. I n ° 71/2014 is due to 31. October 2014 will be out of force. "

46. In § 516 the following paragraph 10 is added:

" (10) The provisions of § 32 (1) and (1a) in the version of the Federal Law BGBl. I No 71/2014 shall not apply in criminal proceedings in which the charge was brought before the date of entry into force. The provision of § 108a in the version of the Federal Law BGBl. I No 71/2014 shall be applied in those criminal proceedings which commend after its entry into force (Article 1 (2)). "

Article 2

Amendment of the Youth Court Act 1988

The Juvenile Justice Act 1988, BGBl. No 599/1988, as last amended by the Federal Law BGBl. I n ° 2/2013, shall be amended as follows:

1. In § 32, the following paragraph 4 is added:

"(4) The provisions relating to the mandate procedure (§ 491 StPO) shall not be applied to juvenile defendants."

(2) In Article VIII, the following paragraph 4g is inserted after paragraph 4f:

" (4g) § 32 (4) in the version of the Federal Law BGBl. I n ° 71/2014 comes with 1. Jänner 2015 in force. "

Article 3

Amendment of the Suchtmittelgesetz

The Suchtmittelgesetz, BGBl. I n ° 112/1997, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. The previous content of § 34 receives the sales designation "(1)" and reads as follows:

"(1) addictive substances and plants and fungi referred to in Article 27 (1) (1) (2) and (3), which form the subject of an act threatened with punishment in accordance with this Federal Act, shall be drawn in under the conditions laid down in § 26 StGB."

2. In § 34, the following subsection (2) is added:

" (2) Plants and fungi referred to in Article 27 (1) (2) and (3) of addiction, which have been seized and are not required for the purposes of proof, may be used by the Public Prosecutor's Office after the implementation of the provisions of Section 445a (1) of the Criminal Procedure Code, BGBl. 631/1975, arrange the confiscation procedure. If the accused or a liability party requires the decision of the court, the prosecutor has to submit an independent application for confiscation, via which the judge of the national court in the investigation procedure with a decision to decision. "

3. In § 47, the following paragraph 13 is added after paragraph 12:

" (13) § 34 (1) and (2) in the version of the Federal Law BGBl. I n ° 71/2014 comes with 1. Jänner 2015 in force. "

Article 4

Amendment of the Public Prosecutor's Act

The Public Prosecutor's Law, BGBl. No. 164/1986, as last amended by the Federal Law BGBl. I n ° 40/2014, shall be amended as follows:

1. In § 5 (5), the last sentence is:

"The same applies to orders pursuant to Section 76a (2) of the StPO as well as those cases in which the cost estimate of the expert's view or already ordered in the investigation procedure (§ 25 para. 1a GebAG) exceeds an amount of 10 000 euros."

2. In § 6 (2), the following second sentence is added:

"The heads of the media outlets (media spokesmen) and their representatives are to be identified separately in the business distribution for judicial administrative matters."

3. In § 8a, the following paragraph 4 is added after paragraph 3:

"(4) Informless information and information to the Federal Ministry of Justice on the subject matter and the state of a procedure for responding to media enquiries shall not constitute reports within the meaning of paragraph 3."

4. In § 34c, the following subsection (3) is added:

"(3) The more detailed rules for the classification of investigative files and the related diaries (§ 16 DV-StAG) as classified information as well as their treatment has to be determined by the Federal Minister of Justice."

5. The previous content of § 35a receives the sales designation "(1)" .

6. In § 35a, the following subsection (2) is added:

"(2) After three years from publication, the decisions are to be deleted from the Edictsfile."

7. In accordance with § 35a, the following § 35b and title shall be added:

" Information of the media

§ 35b. (1) The public prosecutors shall be responsible for informing the media (§ 1 MedienG) of the investigative procedures which they have conducted in accordance with the following paragraphs, taking into account the public interest in factual information on Procedures of public importance by means of the media bodies set up by them.

(2) Information on the part of the media is only permissible if the personal rights of the persons concerned, the principle of presumption of innocality and the right to a fair trial are not violated by their time and content.

(3) Information should not be provided in so far as protection-worthy interests of secrecy, in particular the interests and rights of victims of crime and their right to state protection against further deterioration, as well as protection prior to the announcement of the Contrary to the provisions of § § 7 bis 7b MedienG and the prohibition of publication according to § 54 StPO, identity or its content would be to be regarded as prohibited publication within the meaning of § 301 StGB. The same applies if the information provided for the purpose of the investigative procedure would be jeopardised.

(4) The provisions of the preceding paragraphs shall also apply to information on the conduct or applications of the public prosecutors in the main proceedings and appeals procedures. "

8. In accordance with § 35b, the following § 35c and title shall be added:

" Look at the initiation of an investigation

§ 35c. The Public Prosecutor's Office must refrain from the initiation of an investigation, unless there is an initial suspicion (Section 1 (3) of the StPO). The scoreboard should be notified of this, and it should be noted that a request for continuation according to § 195 StPO is not available. The provisions of § 5 (4) and (5) as well as § § 8 f and § § 25 to 27 StPO apply analogously. "

9. In § 42, the following is added after paragraph 17 of the following paragraph:

" (18) § 34c (3) in the version of the Federal Law BGBl. No. 71/2014 occurs with the following day, § § 5 (5), 6 (2), 8a (4), 35a (1) and (2), 35b and 35c in the version of the Federal Law BGBl. I n ° 71/2014 are due to 1. Jänner 2015 in force. "

Article 5

Amendment of the jury and Schöffengesetz 1990

The Jury and Schöffengesetz 1990, BGBl. No. 256/1990, as last amended by the Federal Law Gazette (BGBl). I n ° 112/2007, is amended as follows:

1. In § 4, the quote shall be deleted. " 2 " .

Section 9 (3) reads as follows:

"(3) In the case of the decision referred to in paragraph 1, the person concerned and the objector shall have the right to appeal to the local administrative court in the country."

3. In § 9 para. 4, after the word "Modest" the twist "or final findings of the administrative courts" inserted.

4. § 10 reads as follows:

" § 10. (1) The district administrative authority shall send the complaints lodged to the competent administrative court of the country. The District Administrative Authority shall send the list to the President of the Court of First Instance, which is responsible for the local authority in criminal matters, and shall at the same time inform the President of the Court of Justice of the Court of Justice of the Persons against a communication pursuant to § 9 para. 1 complaint to the Administrative Court was brought.

(2) The Administrative Court shall decide on the submitted complaints no later than 15 November of the year in which the proceedings have been initiated in accordance with Section 5 (1). If the 15th November falls on a Saturday or Sunday, the decision-making period ends on the last Friday before 15 November.

3. The Administrative Court shall inform the President of the Court of First Instance of the Court of First Instance acting in criminal matters for the relevant local authority of his decisions on the complaints lodged up to the date referred to in paragraph 2. "

5. In § 12, para. 1 and the sales designation shall be deleted. "(2)" .

6.In § 18 para. 4 the quote is deleted " 2 and 13 " .

(7) In § 20, the following paragraph (1c) is inserted:

" (1c) § § 4, 9 para. 3 and 4, 10.12 and 18 para. 4 in the version of the Federal Law BGBl. I n ° 71/2014 occurs with the proclamation of the Federal Law BGBl. I No 71/2014 shall enter into force. '

Article 6

Amendment of the Fees Act

The Fees Act, BGBl. No. 135/1975, as last amended by the Federal Law BGBl. I n ° 40/2014, shall be amended as follows:

1. In the first sentence of section 25 (1a), the last half-sentence shall be deleted.

2. § 25 (3) second sentence reads:

" If the expert on his fault has failed to carry out his activity within the time limit laid down by the court or if his expert opinion is so deficient that there is therefore a need for discussion, the fee for the management of the Mühewaltung shall be a A quarter to be reduced. "

Article 7

Entry into force and transitional provision

§ 1. Art. 7 (Section 25 (1a) and 3 (GebAG)) as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 71/2014 comes with 1. January 2015 in force and shall apply to contracts issued after its entry into force.

Fischer

Faymann