Amendment Of Rules Of Procedure For The Courts Of I. And Ii. Instance (Geo.) The Authorization - And Recovery Regulation - Aev

Original Language Title: Änderung der Geschäftsordnung für die Gerichte I. und II. Instanz (Geo.) und der Abbuchungs- und Einziehungsverordnung – AEV

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469. Regulation of the Federal Minister of Justice, by means of which the Rules of Procedure for the courts I and II. Instance (Geo.) and the Regulation on the accounting and confiscation of court fees (Accounting and Confiscation Ordinance-AEV) will be amended

On the basis of § 17 of the Judicial Introduction Act (GEG), BGBl. No 288/1962, as last amended by the Administrative Jurisdiction Adjustment Act-Justice (VAJu), Federal Law Gazette (BGBl). I n ° 190/2013, of the species. VII of the Sixth Court Relief Novella, BGBl. No. 222/1929, as well as Section 4 (6) of the Court Fees Act, Federal Law Gazette (BGBl). No 501/1984, as last amended by the BGBl Regulation. II No 280/2013, shall be:

Article 1

Amendment of the Rules of Procedure for the Courts I and II. Instance (Geo.)

The Rules of Procedure for the Courts I and II. Instance (Geo.), BGBl. No 264/1951, as last amended by the BGBl Regulation. II No 204/2013, shall be amended as follows:

1. In all possible provisions, the paragraph numbering and the closing point are removed from the heading and the paragraph numbering is set before the paragraph text instead.

2. § 12 (2) is amended as follows:

(a) In the first sentence, after the word "will" the phrase "unless otherwise indicated in § 520a," inserted;

b) In the Z 1 lit. c becomes the turn " Court of Justice II. instance; " by the word "Oberlandesgericht" replaced;

c) In the Z 2, the word sequence shall be "from the head of the institution" through the phrase "of their management and of the law enforcement" replaced.

3. In § 35 (1) Z 5, the reference "(Section 209 (2))" repealed.

(4) The following paragraph 6 is added to § 73:

"(6) If the reign of travel is drawn up in the context of an electronic business process, the obligation to submit a self-produced travel invoice in accordance with paragraph 2 shall not be required."

(5) In § 116, the following paragraph 2a is inserted after paragraph 2:

"(2a) deliberations and votes of the senate senates in proceedings pursuant to § § 16 (3) and 16a (1) of the StVG are governed by § 18 StVG."

6. § 126 (2) lit. f is:

" f)

Payment orders (§ 217) and calls for a cost advance, if legal consequences are linked to its non-lag, are to be sent with a delivery card, direct debits (§ 216) without a delivery card. "

7. § 131 Z 7 is repealed.

8. In the III. The main item is the heading of the first chapter:

"Pre-writing of fees, costs and fines"

9. § § 209 to 211 are together with the headline:

" Jurisdiction

§ 209. (1) Court fees (§ 1 Z 1 GEG), fines (§ 1 Z 2 GEG) and costs (§ 1 Z 3 to 7 GEG) are from the competent authority pursuant to § 6 para. 1 GEG, if necessary by the cost authorities authorized to release the term of office (§ 6 para. 2 GEG) to be calculated and prescribated (the pre-depreciation authority)

(2) For a decision on enforceability, on requests for re-establishment and re-establishment in the pre-depreciation procedure, as well as on objections under § 35 EO, the tendering authority (paragraph 1) is 1) responsible for issuing the payment order.

Time of calculation and prewriting

§ 210. (1) Courage fees are to be calculated and required immediately after the fees have been paid (§ 2 GGG), except in the cases of § § 212 and 213.

(2) The costs referred to in Article 1 (5) and (7) of the EC Treaty shall, as a general rule, be calculated and required immediately after the date of their emergence or determination and, where appropriate, by the legal force of the decision to determine the obligation to pay.

(3) The costs of the criminal proceedings shall be calculated and prescried after the final termination of the criminal proceedings.

(4) The amounts to be entered for third persons or bodies (§ 1 Z 6 GEG) are to be required only at the request of these persons or bodies.

(5) To the extent that the calculation and the pre-writing are not automatically supported, it can be seen on the outside of the act (for example, " costs up to S 21 are calculated. 3 March 2013, Paraphe ").

Change of competence

§ 211. (1) The competent authority for the management of the basic procedure (§ 6 para. 1 GEG) to another court or other authority, the following competent authority (§ 209 (1)) shall be of the already created, but not yet with To communicate payment order of certain amounts.

(2) In order to take a decision on the performance against a decision of the mandate (Section 7 (1) of the GEG) and the subsequent proceedings as well as in the cases of Section 209 (2), the competent authority (Section 209 (1)) shall remain in charge of the decision to issue the decision. . It has to agree to the pre-depreciation authority, which has become competent in the same basic procedure, from the outcome of the pre-depreciation procedure. "

10. In Section 212 (2), the word order shall be "the cost officer" through the phrase "the pre-depreciation authority (Section 209 (1))" replaced.

Section 212 (3) reads as follows:

"(3) These provisions shall apply in other civil cases, in administrative matters and in criminal proceedings on the basis of a private prosecution."

12. § 214 together with headline:

" Fees and Costing

" § 214. (1) The business units which are relevant in the course of the basic procedure for the creation of fees and costs, together with the business items of the pre-depreciation procedure, form the fee and cost act.

(2) The fees and costs incurred in the course of the basic procedure shall be recorded on a special sheet to be attached to the file, or in accordance with the technical means of support for automation. This also applies in the case of procedural assistance or personal fee waives.

(3) The business units of the tendering procedure shall bear the file number of the basic procedure. As soon as an idea (§ 7 GEG) is filed against a payment order, a partial charge shall be formed with all the business items of the fee and cost act relevant for the performance, which shall be entered in the judicial administration register. This act shall contain at least:

1.

the bases for the calculation of the amounts required by the payment order, including, where available, a copy of that decision from the basic procedure with which the obligation to pay is based on the basic and the level of the payment has been established in a legally binding manner;

2.

documentation of payment transactions and any unsuccessful attempts to draw in;

3.

any direct debit, improvement orders and the documentation of other communication with the payer;

4.

the contested payment order.

(4) A copy of the final decision on the presentation shall be submitted for the fee and cost act of the service leading the basic procedure. "

13. The heading to § 215 is:

"Staying in the prewriting"

14. § 215 (1) reads:

" (1) The tendering authority (Section 209 (1)) in the case of section 13 (1) of the GEG, has to refrain from making the charges and charges against and, in the manner referred to in Article 214 (2), to record the default in the manner referred to in Article 214 (2), with a brief indication of the reasons therefor; to the extent that the calculation is does not take place with support, it should be pointed out on the outside of the act, under the guidance of the page number (for example, "Cost calculation not available, p. 25"). "

15. The capitalist title and the caption of the chapter before § 216 shall be repealed.

16. § 216 reads the title:

" Load Font Display

§ 216. (1) As a rule, the Office of the Preliminary Depreciation Authority (Section 209 (1)) the amounts due are to be brought to the attention of the payer with direct debit and to request them to be paid within fourteen days (Section 6a (2) GEG). A debit may not be displayed if the payment has already been ordered in the basic procedure and an account has been announced; it shall not be required if the confiscation of judicial or judicial administrative fees has not been successful. If the copy of the debit note cannot be held in an automatic manner, it shall be entered in a list to be carried out for the calendar year and shall be taken in writing for the fee and cost act of the basic procedure.

(2) An appeal against the debit note shall not be allowed, but the payer may draw attention to errors in the calculation. "

17. § 217, together with the headline:

" Payment Order

§ 217. (1) If the fourteen-day payment period has passed fruitlessly, the confiscation has remained unsuccessful or the payer-for example by returning the debit note with a corresponding note-its lack of payment to be recognized, the pre-depreciation authority (Section 209 (1)) to issue a payment order.

(2) In addition to the contents listed in Section 6a (1) of the GEG, the payment order has the name and address (the seat) of the payer, the relevant legal provisions and tax bases for the calculation of the individual amounts. the sum of the amounts due and the account of the court to be included. It is permissible to issue a separate payment order, depending on the due date of the payment obligation, to the extent that this is necessary for administrative reasons.

(3) In the case of a number of persons liable to pay for the same amount for the undivided hand, a common payment order shall be issued for them in which they are to be carried out and to which they are obliged to pay. They should be noted that the payment of the total open amount will exempt all payers from their obligation to pay. The cancellation fee in accordance with § 6a (1) GEG shall be charged only once in the payment order irrespective of the majority of the payer.

(4) If an amount is to be introduced for third parties (Section 1 Z 6 GEG), the name and address (the name and the seat) of the persons entitled to receive the payment order must be given on the payment order. This shall be deemed to be an order to the place of entry, to transfer the amount to the receiving beneficiaries.

(5) The payment order must be supplied with proof of delivery. If the handling of the payment order cannot be held in an automatic manner, it shall be entered in a list to be carried out for the calendar year and shall be taken in writing for the fee and cost act of the basic procedure. "

18. § 218 and heading:

" Submission to the place of entry

§ 218. (1) The tendering authority (Section 209 (1)) shall monitor the amount of the amount of the fees or costs and shall forward enforceable payment orders to the point of entry, specifying what is known about the income and financial circumstances of the payer and the amount of funds and items retained in accordance with § 5 of the GEG.

(2) The notification of the amounts due in the case of the abandonning procedure with direct debit or payment order is the responsibility of the pre-depreciation authority (Section 209 (1)) , in accordance with the legal force of the payment order of the place of arrival.

(3) In the event of the opening of insolvency proceedings concerning the assets of the payer or the payer, the tendering authority shall: (Section 209 (1)) a direct debit or a payment order concerning the fees and charges in respect of which the facts which trigger the payment obligation have been carried out before the insolvency proceedings have been opened, to the place of entry (§ 11), and to the payment order (§ 11); the opening of the insolvency proceedings. "

19. The following chapter shall be inserted before § 219:

" 2. Chapter

Enforcement, repayment and deletion "

20. § 219 (3) is repealed.

21. § 220 reads the title:

" Insolvency proceedings

§ 220. The point of entry shall be the application of the amounts due in the insolvency proceedings. "

22. § 226 lit. b is:

" (b)

in the scope of the extinguishing of the payment obligation in the case of small amounts (Section 11 (3) of the GEG) or in accordance with Section 232 (2), in the case of discount (§ 9 para. 2 GEG) or, in so far as amounts are to be repaid, in the amount of the offsetting; "

23. § 227 is repealed.

24. § 229 reads:

" § 229. The file number of the files of the place of entry consists of the name "Ziv" for amounts from civil cases and administrative matters, "Str" for amounts from criminal matters or "D" for amounts which are to be raised in favour of third parties (§ 1 Z 6 GEG), the number of files (§ 374), the last two digits of the seizure year, and the number of the department of the placement office attached to the hyphen. The parties shall not be allowed to inspect the files of the place of entry. "

25. § 231 (1) reads:

" (1) The President of the Higher Regional Court of Vienna shall be required to submit a request for payment or discount of fees and costs. If they are brought in to the service centre leading the basic procedure, they are to be forwarded directly to the President of the Vienna Higher Regional Court. If a payment order has already been issued, its legal force can be awaited and the application will be sent together with the payment order to the Higher Regional Court of Vienna (entry point). "

26. § 231 (3) is repealed.

27. In the heading to § 232, the phrase "by the cost officer" repealed.

28. In § 232 are the sections 1 and 2:

" § 232. (1) If amounts are to be repaid, the pre-depreciation authority (Section 209 (1))-except in the cases of section 231 (2)-shall have the repayment with the payment instruction provided for it. The originals of the payment instructions must be taken in accordance with the fees and costs of the basic procedure; a copy must be sent to the accounting agency of the Federal Government by the accounting officer; the payees are from the Repayment should be made.

(2) Insofar as the final payment order has been sent to the place of entry (§ 218a), the obligation to pay is cancelled, for example because payment has now been made to the authority of the basic procedure, because of subsequent cancellation or amendment the payment order or the subsequent declaration of insolvency (§ 235), the Office of the Preliminary Depreciation Authority (Section 209 (1)) has to communicate the location of the application with a deletion order stating the reason for the payment. The original document of the deletion order shall be taken as a charge and cost act of the basic procedure. "

29. In § 232 (3), the first sentence reads: "The accounting officers (the placement office) must check the conformity of the registration with HV-SAP and confirm the correctness of the registration."

30. In § 232, paragraph 3, the word order shall be "the cost officer" through the turn "the pre-depreciation authority (Section 209 (1))" and the phrase "the cost officers" through the turn "the pre-depreciation authority (Section 209 (1))" replaced.

31. § 232 (4) is repealed.

32. The previous § 233, together with the title, is inserted as a new § 247 according to § 246; to the former § 233, the following § 233 and headline is replaced by the following section:

" Complaint, file template to the Federal Administrative Court

§ 233. (1) If a complaint to the Federal Administrative Court is filed against the decision of the application authority, the application authority may reject the appeal with a decision of appeal (§ 14 VwGVG) as inadmissible or late or above in the case. If the application authority disregards the issue of a decision of appeal or the appellants submit an application for a reference (Section 15 (2) of the VwGVG), it has the appeal to the Federal Administrative Court and, if necessary, the application for a preliminary ruling. , to be submitted by the administrative procedure.

(2) Secrecy complaints (§ 8 VwGVG) must be submitted to the Federal Administrative Court immediately after the file of the administrative procedure is filed if the application authority does not intend to notify the decision pursuant to Section 16 (2) VwGVG within three months , for example, because it considers that the time limit according to § 8 VwGVG has not expired or because the delay is based on an obstacle that is likely to continue to exist and not in its sphere. Such reasons may be recorded by the Authority in a report which shall also be submitted.

(3) The file of the administrative procedure to be submitted shall, in any event, include the act in accordance with Section 214 (3) and all documents available for the decision in the first instance, ensuring that all relevant proofs of delivery are made available to the public. are connected. To the extent that the relevant documentation of the decision bases is only available electronically, the necessary printouts must be produced. Section 179 (3) is to be applied in a reasonable way. If the Federal Administrative Court also desires the sending of the act of the basic procedure, § 179 (4) shall apply mutatis mutudly. "

33. § 234 shall read together with the title:

" The introduction of financial penalties and the amounts of money that have been declared expired

Section 234. (1) The provisions of the first and second chapters of the first and second chapters shall apply to the transfer of financial penalties, orders for orders and conjectures except those pursuant to Section 2 and of the amounts of money which have been declared forfeit in accordance with § 1 Z 2 GEG:

1.

The application shall require a written order of the decision-making body in the basic procedure that an advance can be made; this shall require the legal force of the decision in the basic procedure with which the penalty is imposed or the payment of the expired amounts of money have been ordered.

2.

The prewriting of these amounts must not be linked to that of other amounts. A debit notice is not to be issued.

3.

In the case of amounts which, in accordance with specific rules, are not allocated to the administration of justice or are devoted to a particular purpose, in the judicial order, which means that the prescribtion is ordered, the body to which the amounts are allocated shall be called: for the first time.

(2) Penalties imposed by the placement authorities shall be entered directly in accordance with Section 11 of the GEG. "

34. § 241 with headline:

" Application of the costs of prison and accommodation in institutions according to § § 21, 22 or 23 StGB

§ 241. (1) The costs of the enforcement of custodial sentences imposed on the basis of general criminal law, including the costs of the performance of the criminal proceedings, shall be incurred if the cost of the criminal proceedings does not apply to: have been declared unrecoverable, on the basis of the reports on the execution of the sentence (§ 605) after the penalty has been served, in the case of conditional release after that penalty, but if the term of imprisonment exceeds one year, to and after each for one year and then, after the penalty has been served, or after the conditional release in the sense of 1. and 2. Chapter.

(2) If it is appropriate and can be done without endangering the introduction, the cost of the criminal proceedings must be combined with the introduction of the costs of the prison sentence, in particular the execution of short custodial sentences.

(3) In order to compensate for the costs of detention, pensions and pensions from the social security system and under the pension laws, as well as amounts of support which have been ordered to an arrested person during detention, are also to be paid in order to compensate for the costs of the execution. . If a judicial institution for a prisoner is to hand over funds or other objects to which the replacement of expenses may be applied, the head of the institution shall notify the competent court and shall inform the court of such a case. Retain items until the court's decision is made, provided that the value of these items in total exceeds the unpalatable amount of the free amount by at least half in accordance with Section 291a (1) Z 1 EO.

(4) Penal costs may only be collected in so far as it does not provide the maintenance of the person who is liable for a simple way of life and his or her family, the maintenance of which he or she has to provide, nor the fulfilment of the obligations of the person concerned. A criminal offence is jeopardised in the event of damage compensation (Section 391 (1) of the StPO).

(5) The provisions of paragraphs 1, 3 and 4 shall apply to the purposes of the costs of accommodation in institutions according to § § 21, 22 or 23 StGB. "

35. § 243 reads:

" § 243. The cost of the execution of a prison sentence imposed by a court as an order, mutant or penalty (coercive) or under the Regulation on the treatment of the angular writing, RGBl. No 114/1857, are to be determined by the Court of First Instance. The provisions of the first paragraph shall apply to the application. and 2. Chapter, unless the costs of detention have been pre-shot by a party. "

36. § 244 includes the title:

" Costs of holding in a judicial institution at the request of other authorities than the courts

§ 244. If a prison sentence imposed by another authority is carried out in a judicial institution, the court-in so far as the law does not specify otherwise-will have to determine the replacement amount for the costs of the enforcement and its contribution in the sense of the 1. and 2. Chapter. It should be borne in view that the Authority informs the Court of First Instance that it is not in a position to replace the costs or if the Court, on the basis of the circumstances of the case which is known to it, is not in a position to reimburses the costs in the case of the Court of First Instance. The meaning of § 391 StPO is declared to be unrecoverable. "

Section 249 (2) is repealed.

38. In § 250 (3), the reference "(§ 210)" repealed.

39. In Section 252 (2), the reference "(§ 1 Z. 7 GEG 1948)" by "(§ 1 Z 6 GEG)" and the reference "(§ 234 Z. 6)" by "(Section 234 (1) (3))" replaced.

40. § 281 para. 1 lit. d is:

" (d)

Verification of the calculation and pre-writing of all amounts to be entered in accordance with § 1 GEG, with the exception of those pursuant to § 1 Z 6 GEG; "

41. In § 281 (3), the word order shall be "(Section 7 (4) of the GEG 1962)" by the word "to stimulate" replaced.

42. In § 282 (1), the Z 5 reads:

" 5.

whether the fees, costs and fines are duly recorded (Section 214 (2)). "

43. § 378 (3) reads:

" (3) envelopes for supplements (§ 379), file overviews (§ 380), delivery sheets (§ 398 para. 2), overview sheets (§ 402), stand badges and service descriptions (§ 520), directory sheets of fees and costs (§ 214 para. 2) and the other The records of the pre-depreciation procedure (Section 214 (3)) shall be attached to the files without page number and without order number, whereby the business items of the tendering procedure shall be placed in an envelope and shall be inserted into the act at the front. "

44. In § 382 para. 2, the Z 5 reads:

" 2.

the calculation and pre-writing of the fees and costs, insofar as they are not provided for by automation (Section 210 (5)) or the maintenance of the calculation (Section 215 (1)); "

45. § 382 (3) is repealed.

46. The following are added:

(a) in section 520 (1) after the word "Staff Act" the phrase " or electronic personnel act " ;

(b) in Section 520 (4) after the word "connect" the phrase " or as your own document type to connect the electronic personnel files " .

47. According to § 520, the following § 520a with headline is inserted:

" Electronic Personnel Act

§ 520a. (1) The management of the personnel files of the judicial staff (including persons undergoing training) shall be carried out in electronic form.

(2) The respective (subordinated) service authority is responsible for the management of the electronic personnel files. Personnel Office.

(3) Unless otherwise provided in the following, the provisions relating to personnel files shall also be applied to electronic personnel files.

(4) In the electronic personnel act, the provisions concerning the multiple management of the state of the stand (§ 12 para. 2) do not apply.

(5) With the changeover to the electronic personnel act, the second and third copies of the personnel files of judicial staff and of training in the national and regional courts, as well as in the case of the public prosecutors, are the subject of to destroy standing persons. The only exceptions to destruction are:

1.

File components which have not yet been received by the Higher Regional Court (or the Chief Public Prosecutor's Office), and

2.

Original customers.

(6) The file components referred to in paragraph 5 (1) and (2) shall be the relevant service authority. The staff body must be submitted to the electronic personnel act in a data-readable form. In so far as there are no special provisions for the protection of the original, the original customer shall be the customer. to the staff member (or To be shown).

(7) With regard to the prior-1. Jänner, born in 1954, can be removed from a changeover to the electronic management of the personnel files, with the proviso that in these cases the existing regulations are to be applied further.

(8) More detailed provisions on the specific features arising from the electronic management of personnel records (standing card, file number, staff records register) as well as on the closer approach, in particular according to paragraphs 5 and 6, shall be taken by the Federal Ministry of Education and Research in the case of justice in the Erlasswege. "

48. In § 521, in the first sentence, after the word "exists" the phrase "unless otherwise indicated in § 520a," inserted.

49. In § 522 (1), after the word "are" the phrase "unless otherwise indicated in § 520a," inserted.

50. § 605 together with headline:

" Reports on the entry and enforcement of custodial sentences as well as on the enforcement of accommodation in institutions according to § § 21, 22 or 23 StGB

§ 605. (1) The date of the transfer to and termination of criminal detention, any interruption of the criminal detention not based on a decision of the court or of the head of the institution, and the transfer of the prisoner to another judicial institution is to be notified by the head of the judicial institution in which the prisoner is stopped, the court of recognition and the law enforcement court.

(2) If the convicted person has been presented for the time of the criminal prosecution, the costs of the performance shall also be disclosed in the reports to be refunded pursuant to paragraph 1. The same shall apply to the transfer costs if the convicted person has been transferred to the criminal offender.

(3) The provisions of para. 1 and 2 shall also apply to the reports on the enforcement of accommodation in institutions according to § § 21, 22 or 23 StGB (German Civil Code). "

Article 2

Amendment of the Accounting and Confislation Regulation-AEV

The ordinance of the Federal Minister of Justice on the debiting and confiscation of the court fees (Abbuchungs-und Einziehungsverordnung-AEV), BGBl. No 599/1989, as last amended by the BGBl Regulation. II No 56/2013, shall be amended as follows:

1. § 1 reads:

" § 1. The following accounts shall be considered as judicial accounts credited to the Federal Government for the benefit of the Federal Republic of Germany by means of the court and judicial administration fees paid by debit and confiscation, at BAWAG P.S.K. Bank for Labour and Economy and Austrian Postsparkasse Aktiengesellschaft determines:

1.

For the division of the Federal Ministry of Justice, the account with the designation "Federal Ministry of Justice" with the BIC: BUNDATWW and the IBAN code: AT 100100000005490000;

2.

for the division of the Vienna Higher Regional Court, the account with the designation "Oberlandesjudijurisdiction Wien" with BIC: BUNDATWW and the IBAN code: AT 110100000005460009;

3.

for the division of the Upper Regional Court of Linz, the account with the designation "Oberlandesjudijurisdiction Linz" with the BIC: BUNDATWW and the IBAN code: AT 550100000005450002;

4.

for the division of the Oberlandesgericht Graz the account with the designation "Oberlandesjudijurisdiction Graz" with the BIC: BUNDATWW and the IBAN-Code: AT 430100000005470006;

5.

for the division of the Higher Regional Court of Innsbruck the account with the designation "Oberlandesjudijurisdiction Innsbruck" with the BIC: BUNDATWW and the IBAN code: AT 750100000005480003. "

2. § 13 (2) reads:

" (2) If the cause of the subbligeted or incomplete fee payment is due to debit and confiscation in the area of the pre-depreciation authority (§ 6 GEG, § 209 para. 1 Geo.), this has to arrange for a fee collection again. In the other cases of a sublimation or incomplete payment of fees, the Office of the Preliminary Depreciation Authority has to issue a payment order on the basis of § 31 GGG. "

3. The following paragraph 5 is added to § 15:

" (5) § 13 (2) in the version of the BGBl Regulation. II No 469/2013 shall enter into force 1. Jänner 2014 in Kraft, § 1 including the title in the version of this regulation with 1 February 2014. "

Article 3

entry into force

Article 1 shall enter into force 1. Jänner 2014 in force. § 233 Geo. is to be applied in accordance with § 19a (12) GEG.

Karl