Criminal Law Amendment Act 2014

Original Language Title: Strafprozessrechtsänderungsgesetz 2014

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995281/strafprozessrechtsnderungsgesetz-2014.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
71. Federal law, with the 1975 code of criminal procedure, the Juvenile Court Act 1988, the drug law, the public prosecutor's Office Act, the jury - and aldermen Act 1990 and the fees entitlement Act be amended (Criminal Law Amendment Act 2014)

The National Council has decided:

Table of contents



Article 1 amendment of the code of criminal procedure 1975 article 2 amendment of the Juvenile Court Act 1988 article 3 amendment to the narcotic substances Act article 4 amendment of the public prosecutor's Office Act article 5 modification of the jury and jury Law 1990 article 6 amendment of the fees entitlement Act article 7 entry into force and transitional provision Article 1

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. 195/2013, is amended as follows:

1. in article 1, paragraph 2, the first sentence reads as follows:

"The criminal case begins as soon as police or public prosecutor's Office for the investigation of initial suspicion (para. 3) determine in accordance with the 2nd part of the Federal Act; "it is as long as the investigation against unknown perpetrators or to lead the suspected person, is as not a person on the basis of certain facts specifically suspected of having committed a criminal offence (section 48 para 1 No. 2), then it is undertaken as preliminary proceedings against that person as a defendant."

2. in article 1 the following paragraph 3 referred to in paragraph 2 is added:

"(3) a suspicion exists if due to certain evidence it can be assumed that a criminal offence has been committed."

3. in article 2, paragraph 1, the word "Suspected" is replaced by the word "Suspicion".

4. in article 26, paragraph 2 the following last sentence is added:

"In the case of provisional withdrawal of the persecution, paragraph 1 shall not apply."

5. in article 31, paragraph 1, the point will be replaced at the end of the No. 4 by a comma; following Z 5 is added:



"5. the review of the maximum duration of proceedings (§ 108)."

6 paragraph 32 section 1:

"(1) the District Court as the jury consists of the Assize Court and the juries. The Assize Court consists of three judges, the jury is staffed with eight jurors. The District Court as Court of Alderman consists of except the case of para 1a - one judge and two people's assessors."

7. in paragraph 32, after paragraph 1, the following paragraph 1a is inserted:

"(1a) the District Court as Court of Alderman consists of two judges and two lay judges in the main proceedings for the following offences:"



1 manslaughter (§ 76 StGB);

2. serious robbery (§ 143 of the Criminal Code) and other offences against foreign assets, as far as the height of the threat of punishment depends of the given particular value of the item against which the action is directed, or the given certain amount of damage caused by the Act or to the attachment extends, unless the values or damage amounts exceed EUR 1 000 000.

3. arson (section 169 StGB), intentional exposure to nuclear energy or ionising radiation (§ 171 StGB), intentional endangering by explosives (§ 173 StGB), intentional community risk (§ 176 StGB) and production and proliferation of weapons of mass destruction (article 177a StGB);

4. rape (section 201 StGB), severe sexual abuse of minor (§ 206 StGB) and in § 31 para 3 Z 4 mentioned crimes;

5. abuse of authority in accordance with article 302, paragraph 2, second sentence, Penal Code and offences after the sections 304 and 309 of the criminal code, as far as bringing the last advantage of soaring over a 100 000 euro of excess damage or the committing of the Act on a 100 000 euro is placed the accused;

6 financial misdeeds, as far as the busy on penalty-determining value exceeds EUR 1 000 000; "as well as 7 terrorist association (§ 278b StGB) and other offences covered by the preceding digits, within the framework of a criminal organisation or a criminal organization (§§ 278 and 278a StGB) be committed."

8. in article 37, paragraph 2 the following last sentence is added:

"In the case of provisional withdrawal of the persecution, paragraph 1 shall not apply."

9. in article 41, paragraph 1, the word "Accused" in the second sentence be replaced by the word "Accused" and in the last sentence, before the word "Magistrate court" the phrase "competent pursuant to § 32 para 1" inserted.

10. in the §§ 41 para 2 and 3 and 42 para 2 and 3 are the word "Accused" replaced by the word "Accused".

11 paragraph 48 para 1 as follows:

(1) for the purposes of this Act is



1. "Suspect" any person against that on the basis of initial suspicion (§ 1 para. 3) is determined, each suspect once he on the basis of certain facts 2. "suspect" is specifically suspected of having committed a criminal offence and to elucidate this concrete suspicion after 8th or 9th evidence recorded main piece of this federal law or investigative measures ordered or carried out, 3. every accused person against the charges has been a "Defendant" , 4 "betroffener" any person who is directly affected by arrangement or implementation of compulsion in their rights 5 is a "Defender" to the practice of law, one otherwise legally entitled to representation in the criminal proceedings or a person who has acquired the teaching authority for criminal law and criminal procedure law at a National University, once empowered them the accused counsel, and a person who has been appointed the accused according to the provisions of this act as legal counsel.

12. in article 48, paragraph 2, the word "Suspect" and a comma be inserted before the word "Accused".

13 paragraph 5 deleted § 75.

14 paragraph 76 section 4:

"(4) a transfer of personal data obtained under this Act requires an explicit statutory authorization, as well as the admissibility of using them in a criminal case as evidence. It has to be avoided, if in a particular case sensitive privacy interests (§ 1 para 1, 8 and 9 DSG 2000) outweigh the purpose pursued with the delivery. In addition must



1 data, by a physical examination, a molecular study (paragraphs 123, 124) or an investigative measure determined section of the 8 main track after 4 to 6 have been only a) public prosecutor's offices and courts for purposes of criminal justice, b) to security authorities except in the case of section 124 para. 5 for the purposes of the security police, as far as this for the defense with considerable punishment threatened acts (section 17 SPG) as well as countering significant threats to life , Body or freedom of a person or for significant damage to property and assets is required, as well as c) to courts and other authorities for the purpose of conducting proceedings due to disciplinary realized by the offence or from this Act of derivative civil claims;

"2. andere nach diesem Gesetz ermittelte personenbezogene Daten a) public prosecutor's offices and courts for purposes of criminal and civil justice, b) security agencies and police for purposes of safety management and the administration of criminal justice, c) financial penalty authorities for their services in the context of criminal justice, as well as d) transmitted to all the aforementioned courts and authorities to control of the legality of the actions of the above-mentioned institutions."

15. in section 91, paragraph 2 the following sentence is added:

"The mere use of public or official sources of information and the conduct of inquiries for clarification, whether there is a suspicion (§ 1 para. 3) represent no determination in this sense."

16. in paragraph 100, according to paragraph 3, the following paragraph 3a is inserted:

"(3a) the judicial police has to report, from their point of view is no initial suspicion is, if she has doubts about whether a suspicion exists, whose education she would be entitled and obliged to conduct investigations of the public prosecutor's Office."

16A. in article 104, paragraph 1 of the first sentence reads as follows:

"The Court has the fact reconstruction according to the provisions of § 150 and the adversarial interrogation of witnesses and making suspect according to the provisions of § 165 as well as in the cases of § 101 paragraph 2 and 126 requested evidence for relevant in accordance to paragraph 5, where applies in case of evidence by experts § 55 with the proviso, that insufficient justification of fitness" ", the subject of evidence to clarify the omission of evidence only entitled to, if the application was made to the delay."

17. in section 108, paragraph 2 the phrase is inserted in the third sentence after the word "Application", "at the latest within four weeks".

18 according to section 108, the following Article 108a and heading shall be inserted:

"Review of the maximum duration of the investigation

section 108a. (1) up to the introduction of the prosecution (§ 210) or termination of the investigation may part of this Act after the 3rd basically three years do not exceed the duration of the investigation.

(2) if the investigation before the expiration of the period referred to in paragraph 1 is to be terminated, the public prosecutor's Office has the Court together with a statement of the reasons for the duration of the investigation procedure to deal.


(3) insofar as not a reason for a discontinuance of the proceedings according to article 108, paragraph 1 z 1 or 2, has the Court to pronounce that the maximum duration of the proceedings extended for two years, and that is a violation of acceleration bid (§ 9) in terms of the intensity of the suspicion of offence and the conduct of the accused in relation to the scope of the investigation, the complexity of solving facts and legal issues and the number of parties to the proceedings to argue the public prosecutor's Office. The provisions of §§ 105 par. 2, 106 paragraph 5 last sentence and 108 paragraph 4 shall apply mutatis mutandis.

(4) can the criminal proceedings not before the expiry of the period extended pursuant to paragraph 3 is to be terminated, the Prosecutor has once again to address the Court in the manner referred to in paragraph 2. In this case, the Court must proceed in turn according to paragraph 3.

(5) the time limits under the preceding paragraphs Z 2 triggered by that in § 58 para. 3 Penal Code referred to procedural steps for every suspect involved in fact, periods of legal proceedings under sections 108 and 112, as well as times of the execution of letters rogatory by foreign judicial authorities are not to count in the period. Is continued in a broken down according to § 197 or a process finished the section 190 or 191 or an investigation according to §§ 215, reopened 352 section of 1 or 485 para 1 No. 2, starts to run the period under par. 1 of the new."

19. in article 110, paragraph 1, the bracket expression is no. 2.

20. in article 110, paragraph 3, 3 is the Z as follows:



"3. in the context of a search pursuant to article 120, paragraph 2 be found or where a person who is arrested No. 1, for the reason of section 170, paragraph 1 was entered or within the framework of their search according to § 120 para 1 second sentence be found, or" 21 § 110 para 3 Z 4 reads as follows:



"4. in the cases of laid down in article 18 of the Regulation (EU) No. 608/2013 on the enforcement of intellectual property rights by the customs, and repealing Regulation (EC) No 1383/2003 of the Council, OJ" "No. L 181 of the 29.06.2013 S. 15."

22. in article 115, paragraph 1, the bracket expression is no. 2.

23. in article 126 par. 3, the last sentence reads:

"A copy of the order together with information on their rights is the accused after para 5 to deliver."

24. in article 126 par. 4, the parenthesis quote (para. 3) is replaced by the bracket quote (para. 5) in the second set.

25. in paragraph 126, the following paragraph 5 is attached to section 4:

"(5) in the investigation, the accused has the right, within 14 days of delivery (para. 3), to make an application on his retirement knowing a reason for bias or existence of reasonable doubt on the competence of the expert, he can require also the order in the context of judicial evidence and, according to the criteria of expertise (para. 2) better qualified person to order suggest another. Wants to give the Prosecutor the desire to change no consequence or forensic evidence is demanded, it shall immediately submit the application together with an opinion the Court. The expert appointed by the Court, it shall decide on an application after the first set with decision."

26. in article 175, paragraph 5, the word "Accused" is replaced by the word "Accused".

27. in article 178, paragraph 3, the word "Accused" is replaced by the word "Defendant".

28 paragraph 194 paragraph 2 as follows:

"(2) in an understanding of the setting of the investigation is to lead the proceedings was discontinued for whatever reason (articles 190 to 192) If necessary, the retention of later prosecution (§ 192 paragraph 2) is to record. Moreover, persons who are entitled to put forward an application for continuation are (§ 195 para 1), about the possibility of the introduction of an application for continuation and its requirements, and to provide information that they may require a rationale within 14 days, in which the facts and considerations that were the setting to reason, to lead to summary representation are. The right to demand such a justification, is to also the fault of the accused, what he also inform is in agreement after the first set."

29. in article 204, paragraph 1 is for the word "resign" the phrase "or permanently withdraw in the case of action pursuant to paragraph 3" inserted.

30. in article 204, paragraph 3 the following last sentence is added:

"In this case, the Prosecutor of the prosecution has to withdraw for the time being."

31 paragraph 205 paragraph 2 as follows:

"(2) the public prosecutor's Office suggested the defendant to pay a sum of money (section 200 para 4), non-profit services or to take a trial period and any duties (§ 203 paragraph 3), provision (section 201 para 4) or is provisionally resigned prosecutors from pursuing the offence (sections 201, para. 1, 203 para 1, 204 para. 3), it shall resume the criminal proceedings, if"



1. the accused incompletely or not timely pay the amount of money together with any make good the damage, or the charitable services together with slips indeed impact compensation or provides or if a compensation agreement is not reached or if this is not met by the accused, 2 not sufficiently fulfilling accused assumed duties, does not pay the flat-rate fee (article 388, paragraph 1 and 2) or persistently escapes the influence of probation or 3rd against the accused before the end of the trial period or against reimbursement of the final report according to section 204 para 4 a different offence a criminal case is initiated. In this case, the subsequent continuation of the proceedings is permitted, once against the accused due to the new or newly-produced crime indictment is brought, and even during three months after insertion, even if in the meantime the trial period has expired. Subsequently continued criminal procedure is in accordance with the other requirements to end when the new criminal proceedings otherwise than by a guilty verdict is terminated."

32. in article 205, paragraph 5, the phrase "and other compensatory measures" is inserted after the word "Payments".

33. in section 222, paragraph 3, the last sentence reads:

"Para 1; applies to such a counter statement the indictment is based on finding and opinion of an expert, so an opinion and conclusions of a person with particular expertise in support of a claim of proof can be connected the counter statement referred to in paragraph 1."

34. in section 232, paragraph 2, the word "Determine" is replaced by the word "Determination".

35. in article 249, paragraph 3, the last sentence reads:

"This shall assist the defenders in question or even questions about finding and opinion of the experts."

36. in article 266, paragraph 1, the word "Accused" is replaced by the word "Accused".

38. in article 393 paragraph 1a is the word "Accused" replaced by the word "Defendant".

39. in article 393a, paragraph 1, the numbers 1 to 4 are amended as follows:



"1. in proceedings before the District Court as a jury 10 000 euro, 2. in proceedings before the District Court as the magistrate court 5 000 euro, 3. in the proceedings before the judge of the District Court 3 000 euro, 4. in proceedings before the District Court of 1 000 euros."

40. in Article 395, paragraph 5, the word "Accused" is replaced by the word "Accused".

41. in paragraph 438, the phrase "a District Court" is inserted after the word "Prison".

42. in article 451, paragraph 1 the word "Accused" replaces the word "Defendant" by the term "Accused" and the word "Accused" separated by the word "Accused" and in paragraph 3 the word "Accused".

43. in article 489, paragraph 1, the second sentence reads:

"The procedure the sections 281 apply 282 paragraph 2, 285 paragraph 2 to paragraph 5, 465-467, 469-476, 479 mutatis mutandis."

44. According to § 490 is the following 23a. Main piece is inserted together with heading and section 491:

"23a. main piece

Mandate procedures

§ 491. (1) in proceedings before the District Court and the District Court as a single judge can the Court at the request of the public prosecutor the penalty by written fine without preceding trial set, if



1. it is an offence and the accused in accordance with §§ 164 or 165 to prosecution charges was questioned and after information about the consequences of explicitly carrying out a trial has waived, 2. no reason for action according to § 191 para 2, 199 or other referring regulations, sections 450, 451 paragraph of 2 or 485 paragraph 1 Z 2 or 3, as well as according to § 37 SMG is , 3. the circumstances of decisive results of the investigation in connection with the responsibility of the accused for the assessment of all the guilt and penalty question sufficient, as well as the rights and justified interests of the victim's experience is not affected.

(2) with fine may only fined or - as far as the defendant by a defender is represented - a one year not exceeding, in accordance with article 43, paragraph 1 StGB due to looking after imprisonment imposed. A saying is according to § 494a para 1 No. 4 to reserve the jurisdiction according to article 495.


(3) if the Court considers it to clarify the conditions referred to in paragraph 1 necessary, it can hear the accused and the victim and, where appropriate, proceed according to section 69.

(4) the fine shall contain:



1. the name of the Court and the name of the judge, 2. the first and family name and all earlier names, date and place of birth, nationality and profession of the accused, 3. the dictum of the Court about the guilt of the accused with all points listed in section 260, 4. the facts adopted by the Court as evidence in summary representation, as well as for the penalty measurement and, where appropriate, for the calculation of the daily rate (§ 19 ABS. 2 StGB) relevant circumstances in Buzz words, 5. information about the right to raise an objection with the clear indication that the fine with all effects a conviction in legal force would go over and be enforced, if one is not or not timely.

(5) the fine shall be way referred to to the defendant and, where appropriate, his defenders as well as the victim and, where appropriate, his representative together with the complaint that in § 83 para. 3.

(6) against the fine the public prosecutor, the accused and the victim within four weeks of delivery can appeal in writing when the Court issued the fine, where it is sufficient that the intention to appeal, is clear from the document.

(7) the Court be issued the fine has to reject the opposition as inadmissible if it is delayed or if he was introduced by a person of not coming to the opposition or who has refused him. Against this decision, the appeal (§ 87) to the Court of appeal is entitled to; suspensive effect comes to you.

(8) in the case of an admissible opposition, the main hearing is arranged (paragraphs 455, 488); Article 43, paragraph 2 shall apply mutatis mutandis.

(9) will not be charged an opposition or such as inadmissible rejected, so the fine is equivalent to a final judgment and is to be enforced under the provisions of the 19 main piece."

45. in paragraph 514 of the last paragraph is in paragraph 24 renamed, there the quote "20a para 6" in the quote "20a para 1 No. 6" renamed and added to this paragraph the following paragraph 25:

"(25) section 76 (4) as amended by Federal Law Gazette I no. 71/2014 comes with 1 November 2014, the §§ 1, par. 2 and 3, 2 para 1, 26 para of 2, 31 para of 1, 32 para 1 and 1a, 37 para of 2, 41 para 1 to 3, 42 para. 2 and 3, 48 para 1 and 2, 91 paragraph 2, 100 para 3a" , 104 para 1, 108 paragraph 2, 108a, 110 para 1 and 3, 115 paragraph 1, 126 par. 3, 4 and 5, 175 ABS. 5, 178 par. 3, 194 para 2, 204 para 1 and 3, 205 paragraph 2 and 5, 222 para 3, 232 par. 2, 249 para 3, 266 section 1, 393 paragraph 1a, 393a para 1, 395 paragraph 5 , 438, 451 para 1, 489 (1) and 491 as amended by Federal Law Gazette I no. 71/2014 with 1 January 2015 into force. Section 75 para. 5 in the version of Federal Law Gazette I 71/2014 is no. 31 October 2014 override."

46. in article 516 the following paragraph 10 is added:

"(10) the provisions of § 32 I no. 71/2014 apply paragraph 1 and paragraph 1a in the version of Federal Law Gazette in criminal proceedings not, charges brought in which before its entry into force. The provision of § 108 in the version of Federal Law Gazette I is no. 71/2014 to apply in those criminal proceedings after its entry into force start (§ 1 para 2)."

Article 2

Amendment of the Juvenile Court Act 1988

The Juvenile Court Act 1988, Federal Law Gazette No. 599/1988, as last amended by the Federal Act Federal Law Gazette I no. 2/2013, is amended as follows:

1. in article 32 the following paragraph 4 is added:

"(4) the provisions of the mandate process (§ 491 StPO) are not applicable on juvenile defendants."

2. in article VIII, g is inserted after paragraph 4f 4 the following paragraph:

(4 g) § 32 para 4 in the version of Federal Law Gazette I 71/2014 is no. 1 January 2015 in force.

Article 3

Amending the Narcotics Law

The Narcotics Act, Federal Law Gazette I no. 112/1997, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. the previous content of the article 34 receives the sales designation (1) and is as follows:

"(1) Narcotics and in article 27, paragraph 1 Z 2 and 3 plants referred to and fungi that form the subject of an act punishable under this Federal Act, to collect criminal code in accordance with section 26."

2. in article 34, the following paragraph 2 is attached pursuant to paragraph 1:

"(2) on narcotics and in article 27, paragraph 1 Z 2 and 3 plants referred to and fungi that were seized and for evidence purposes are not required, the public prosecutor's Office can according to the procedure provided for in article 445a, paragraph 1, of the code of criminal procedure, BGBl. 631/1975, the confiscation order. The accused or a Haftungsbeteiligter requires the decision of the Court, the Prosecutor has to make an independent application for confiscation, the judge of the District Court in the investigation decision has to decide."

3. in article 47 13 the following paragraph is added after paragraph 12:

"(13) article 34, paragraph 1 and 2 in the version of Federal Law Gazette I no. 71/2014 effective with January 1, 2015."

Article 4

Amendment of the public prosecutor's Office Act

The public prosecutor's Office Act, Federal Law Gazette No. 164/1986, as last amended by Federal Law Gazette I no. 40/2014, is amended as follows:

1. in article 5, paragraph 5, the last sentence is:

"The same applies for orders pursuant to section 76a paragraph 2 StPO, as well as those cases in which the cost estimation of made in the investigation in Vista or already ordered (§ 25 paragraph 1a GebAG) experts exceeds an amount of 10 000 euros."

2. in article 6, paragraph 2, second sentence, the following is added:

"The head of media (media spokesman) and their representatives are in the allocation of judicial administrative cases separately."

3. in paragraph 8a of the following paragraph 4 is added pursuant to paragraph 3:

'(4) informal information and information on the Federal Ministry of Justice on the subject and a procedure to respond to media requests constitute no reports in the meaning of paragraph 3.'

4. in article 34, the following paragraph 3 is added c referred to in paragraph 2:

"(3) the detailed regulations classification investigation files and the associated diaries (§ 16 DV-StAG) as classified, as well as their treatment of the Federal Minister of Justice to determine by regulation."

5. the previous content of section 35a receives the sales designation (1).

6. in section 35a, the following paragraph 2 is attached pursuant to paragraph 1:

"(2) after three years from the publication of the decisions from the edict file are to delete."

7. According to section 35a, the following section is added to 35 b and heading:

"Information of the media

§ 35 b. (1) the public prosecutor's Office is the media information (§ 1 MedienG) about the investigation led by them in accordance with the following paragraphs, taking into account the public interest of factual information on procedures of public importance in the way of media bodies decorated with them.

(2) information of the media is allowed only if their time and content the personality rights of the persons concerned, the principle of the presumption of innocence and the right to a fair trial are not violated.

(3) information are not to give, as far as worth protecting interests in secrecy, to commend especially the interests and rights of the victims of crime and their right to Government protection against further encroachment as well as protection against disclosure of identity in accordance with the provisions of §§ 7 through 7B MedienG and the ban on the publication according to § 54 StPO preclude or its content as a banned publication in the sense of article 301 of the criminal code would be. The same applies, if the purpose of the investigation would be compromised by the information.

(4) the provisions of the preceding paragraphs are also apply to information on the behavior or requests of public prosecutor's offices in the main and appeal."

8. after section 35, b is added to the following section 35 c and heading:

"Seeing from the initiation of an investigation

§ 35c. The public prosecutor has to refrain from launching an investigation, if no initial suspicion (§ 1 paragraph 3 StPO) is. Of the indicator is to communicate, which he noted is that an application for continuation in accordance with § 195 not entitled to StPO. § 5 para 4 and 5 as well as §§ 8 rules f and sections 25 to 27 StPO accordingly."

9. in section 42 18 the following paragraph is added after paragraph 17:

"(18) § 34c para 3 as amended by Federal Law Gazette I no. 71/2014 comes with the day following the announcement, the §§ 5, sect. 5, 6 para 2, 8a (4) ETD, 35a para 1 and 2, 35 b and 35c in the version of Federal Law Gazette I no. 71/2014 with 1 January 2015 into force."

Article 5

Amend the jury Act 1990 and jury-

The jury - and aldermen Act 1990, BGBl. No. 256/1990, as last amended by Federal Law Gazette I no. 112/2007, is amended as follows:

1. in article 4, the quote "Paragraph 2" is eliminated.

2. paragraph 9 paragraph 3 as follows:


"(3) against the decision referred to in paragraph 1 the remedy of complaint to the locally competent administrative Court of the land is to the party concerned and the opposition touts."

3. in article 9, paragraph 4, "Decisions" is inserted after the word the phrase "or final findings of administrative courts".

4. section 10 reads as follows:

"Section 10 (1) the district administrative authority shall send the collected complaints the competent administrative Court of the land." The district administrative authority shall send to the directory the President of locally competent for the respective community active in Criminal Court of first instance and inform at the same time this complaint to the Administrative Court was raised by any persons listed in the directory against an administrative decision in accordance with article 9, paragraph 1.

(2) the administrative court rules on the submitted complaints no later than 15 November of the year in which the procedure referred to in article 5, paragraph 1 was started. Falls of 15 November on a Saturday or Sunday, so the decision deadline last Friday before November 15.

(3) the administrative court tells his decisions on the complaints received the President of the locally competent for the respective community active in Criminal Court of first instance until the date referred to in paragraph 2."

5. in article 12, the (1) and (2) paragraph called are eliminated.

6. § 18 paragraph 4 deleted the quote "(2) and 13".

7. in section 20 1 b the following paragraph 1 c is inserted after paragraph:

"(1C) sections 4, 9 par. 3 and 4, 10,12 and 18 paragraph 4 as amended by Federal Law Gazette I no. 71/2014 comes with the announcement of the Federal Act Federal Law Gazette I no. 71 / 2014 following day in force."

Article 6

Amendment of the fees entitlement Act

The charges claim Act, Federal Law Gazette No. 135/1975, as last amended by Federal Law Gazette I no. 40/2014, is amended as follows:

1. in section, the last Halfsentence eliminates 25 paragraph 1a in the first set.

2. § 25 paragraph 3, second sentence, is:

"Has the expert from his fault not provided his activity within the period specified by the Court or as poorly drafted its opinion that it only requires a discussion the fee for efforts is to reduce by one-fourth."

Article 7

Entry into force and transitional provisions

§ 1 article 7 (§ 25 paragraph 1a and 3 GebAG) in the version of Federal Law Gazette I 71/2014 No. 1 January 2015 into force and is to apply to contracts issued after its entry into force.

Fischer

Faymann