Criminal Law Amendment Act 2013

Original Language Title: Strafprozessrechtsänderungsgesetz 2013

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195. Federal Law, with which the Code of Criminal Procedure in 1975, the Criminal Records Act in 1968 and the Security Policy Act are amended (Criminal Procedure Law Amendment Act 2013)

The National Council has decided:

table of contents

Article 1

Amendment of the Code of Criminal Procedure in 1975

Article 2

Amendment of the Criminal Records Act 1968

Article 3

Amendment of the Security Policy Act

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 116/2013, shall be amended as follows:

1. In § 18 (1), the word order shall be deleted " , in particular in the investigation and prosecution of criminal offences in accordance with the provisions of this law " .

2. In § 18 (2), the last sentence is deleted.

3. § 18 (3) reads:

"(3) The bodies of the Public Security Service (SPG § 5 (2)) shall provide the criminal police executive service, which shall be in the enlightenment and prosecution of criminal offences under the provisions of this law."

4. § 18 is added in accordance with section 3 of the following paragraph 4:

" (4) At the request of a congregation, the members of their community watchdog may be subject to the approval of the district administrative authority with the consent of the district administration authority in order to provide criminal police executive service. The subposition is made with the decree of the State Police Director after hearing the Chief Public Prosecutor's Office, in whose sprinkles the congregation is located. The subposition is determined by the regulation of the State Police Director

1.

at the request of the municipality or

2.

at the request of the district administrative authority or the public prosecutor ' s office in whose territory the municipality is situated, to the extent that it is established that the congregation body does not fulfil the task entrusted to it,

"

5. In § 20a (1) Z 6, after quoting " BGBl. No. 555/1989 A dash and the twist " according to the ElWOG 2010, BGBl. I n ° 110/2010 and the GWG 2011, BGBl. I No 107/2011 " inserted.

6. The previous text of § 50 receives the sales designation "(1)" , the following sentence shall be inserted after the first sentence:

" As soon as the facts on which the investigative procedure is based, in itself or in connection with newly emerging circumstances, justify the suspicion of the commission of another or another criminal act, the accused shall also be informed of: to inform these amended points of view of the suspicion that exists against him. "

7. § 50 shall be added in accordance with the new paragraph 1, the following subsections 2 and 3:

" (2) The legal instruction shall be given in a language which the accused understands, and in a comprehensible manner, taking into account special personal needs.

(3) The circumstance of the issued or supplemented instruction of the accused must be recorded in writing (§ § 95 and 96). "

8. § 52 (1) reads:

" § 52. (1) In so far as the accused is granted access to the file, copies (clearings or other reproductions of the contents of the file) shall be issued to him at the request and against a fee, or shall be permitted to him in accordance with the technical possibilities, copies themselves , provided that this right is not exercised by a defender (Section 57 (2)). Any sound or image recordings of which the possession is generally prohibited or relating to the contents which are not subject to the inspection of the file pursuant to § 51 (2), first sentence, shall be excluded; the contents of which shall be subject to the protection of the secrecy interests of others. If the person concerned is a party to the proceedings or a third party, the accused must be obliged to maintain the confidentiality of these recordings (Section 301 (2) of the StGB). If this is necessary in order to ensure data security, the accused shall be handed the copies on the data carriers made available by the law enforcement authorities against the replacement of their purchase costs. "

9. § 56 with headline:

" Translation Assistance

§ 56. (1) A defendant who does not speak or understands the language of the proceedings shall have the right to interpretation (para. 2). In so far as this is necessary in order to safeguard the rights of the defence and a fair trial, the accused also has the right to a written translation of the essential documents (paragraph 1). 3), which shall be carried out within a reasonable period to be fixed. The first sentence of § 53 (1) of the first sentence is applicable to the procedure for the assertion of this right.

(2) Interpretation is to be performed orally and, in particular, for the taking of evidence in which the accused participates, for negotiations and, on request, also for the contact of the accused person with his defender, provided that such contact is in a direct connection with the taking of evidence, a trial, the collection of an appeal, or any other request, to be guaranteed. Where interpretation of the language spoken or understood by the accused person cannot be made available within a reasonable time at the place of the hearing, the interpretation may be carried out using technical equipment. Word and image transmission is provided, unless the personal presence of the interpreter is necessary to ensure a fair trial.

(3) The essential documents are the order and the judicial authorisation of the arrest, in the case of section 171 (2), the written grounds of the criminal police, the decision to impose or continue the custody, the prosecution and the prosecution. the release of the judgment which has not yet been passed. In the case of Section 171 (2), these files are, in the case of Section 171 (2), by the Criminal Police, except in the case of the Public Prosecutor or in the case of the imposition or continuation of the pre-trial detention and in the case of the criminal investigation. The main proceedings (Section 210 (2)) shall be translated by the court in writing.

(4) At the request of the accused person, he/she shall be translated in writing in writing, in so far as the necessity of a translation within the meaning of paragraph 1 is justified or is obvious. The translation of the essential documents (para. 3 and 4) may be limited to that part of the file piece to be translated, which is relevant to the fact that the accused person knows what is being put to him.

(5) The written translation may be replaced by oral translation, or, if the accused is represented by a defender, by oral summary, to the extent that such oral translation or oral summary is not contrary to a fair trial.

(6) A waiver of the written translation of the accused is only permissible if he was previously informed of his right and the consequences of the waiver. Lecturing and renunciation must be recorded in writing (§ § 95 and 96). The last sentence of section 57 (2) shall apply to the renunciation of a arrested accused person.

(7) If the accused person is deaf or silent, an interpreter shall be included in the sign language, provided that the accused person is able to communicate in the person who is responsible for the sign language. Otherwise, an attempt shall be made to reverse with the accused in writing or in any other appropriate manner in which the accused person can make himself understood. "

10. § 66 (1) Z 5 reads:

" 5.

on translation assistance through interpretation in accordance with section 56 (2) and (7), "

Article 106 (1) reads as follows:

" § 106. (1) Any person who claims to have been infringed by criminal police or the public prosecutor's office in a subjective right is entitled to appeal to the Court of First Instance.

1.

it refuses to exercise a right under this law, or

2.

an investigative or coercive measure has been ordered or carried out in breach of the provisions of this Act.

In the event of the death of the person entitled to appeal, this right comes to the person in § 65 Z 1 lit. b mentioned relatives. A violation of a subjective right does not apply to the extent that the law is based on a binding regulation of the conduct of the public prosecutor's office or criminal police and has been made use of that discretion in the sense of the law. "

12. In § 106 (3), after the turn "Objection is" the twist "Within six weeks of being aware of the alleged violation in a subjective right" inserted.

13. In § 106 (5), in the first sentence, after the word "not" the twist " , within four weeks " inserted.

14. § 107 (1) reads:

" (1) Inadmissible, belated and such objections which the Public Prosecutor's Office has complied with shall be rejected. Incidentally, the Court of First Instance has to decide on the matter. In the event that charges have been brought, it shall be decided on the appeal of that court which would have been responsible for the investigation procedure. "

14a. In § 126 (2a) the second sentence is replaced by the following sentences:

" In order to ensure the translation assistance by the Criminal Police, this person has to order a suitable person provided by the Federal Ministry of the Interior or on its behalf by a service provider. § 127 (1) does not apply to these interpreters. "

14b. The following sentence shall be added to section 126 (2b):

" If such a person is appointed by the Criminal Police as an interpreter, you are entitled to a retribution in accordance with § 53b of the General Administrative Procedure Act (AVG), BGBl. No. 51/1991. '

15. In § 164 (1), the first sentence is replaced by the following sentences:

" Before the beginning of the hearing, it is necessary to check whether translation assistance is required in accordance with § 56. Subsequently, the accused must be informed of what he is suspicious of. "

16. § 171 (3) reads:

' (3) In the case referred to in paragraph 1, the accused must be given the order of the public prosecutor's office and its judicial authorization within twenty-four hours of his arrest; in the case of paragraph 2, a written statement of the reasons for the decision shall be made. the criminal police over suspicion and imprisonment. "

17. The following paragraph 4 is added to § 171:

" (4) The accused shall immediately or immediately after his arrest be given in a manner comprehensible to him and in a language he understands, legal instruction (§ 50), which shall also inform him of this. that he

1.

to the extent that it is not released (section 172 (2)), without unnecessary delay in the judicial institution, and will be presented to the court for decision on detention (§ § 172 (1) and (3) and 174 (1)), as well as

2.

is entitled to

a.

to communicate or to communicate to a family or other confidant and a defender from his arrest (Art. 4 (7) BVG on the protection of personal freedom),

b.

Appeal against the judicial authorisation of the arrest or opposition to his arrest by the Criminal Investigation Department (para. 2) and, moreover, to request his release at any time,

c.

to communicate its consular representation (Art. 36 of the Vienna Convention on Consular Relations, BGBl. No 318/1969),

d.

Access to medical care (§ § 66 to 74 StVG).

If the written instruction is not available in a language that the accused understands, it must first be given orally (Section 56 (2)) and then be given without any unnecessary delay. In any case, the circumstance of the issued instruction must be recorded in writing (§ § 95 and 96). "

The following paragraph 3 is added to Article 198:

" (3) By way of derogation from paragraph 2 Z 1, the following may also be used in the case of abuse of the authority pursuant to Section 302 (1) of the German Civil Code (StGB), in so far as the accused person does not, in fact, or a mere minor or otherwise insignificant damage to the This is not the case, and the fact is not punishable under Section 304 of the StGB. "

18. In § 381 (6), the first and second sentences are replaced by the following sentence:

"The cost of translation assistance (§ 56) does not form part of the costs to be replaced by the accused."

19. In § 393 (2), in the first sentence, the citation shall be "§ 56 (1) third sentence" by quoting "§ 56 (2)" replaced. "

20. § 514 shall be added after paragraph 22 of the following paragraph 23:

" (23) § § 18, 20a (6), 50, 52 (1), 56, 66 (1) Z 5, 106 (1), (3) and (5), 107 (1), 126 (2a) and (2b), 164 (1), 171 (3) and (4), 198 (3), (3) and (4), (4), (3) and (4), (3) and (4), (2) and (2), as amended by the Federal Law BGBl Act. I n ° 195/2013 are due to 1. Jänner 2014 in force. "

21. According to § 516 the following § 516a and heading is inserted:

Implementation of European Union directives

§ 516a. (1) § § 50, 171 (4) in the version of the Federal Law BGBl. I n ° 195/2013 the implementation of Directive 2012/13/EU on the right to information and information in criminal proceedings OJ L 327, 28.12.2013, p. No. OJ L 142 of 01. 06. 2012 S 1.

(2) § § 56, 164 (1), 381 (6) and 393 (2) in the version of the Federal Law BGBl. I n ° 195/2013 transposing Directive 2010 /64/EU on the right to interpretation and translation in criminal proceedings, OJ L 327, 28.5.2010, p. No. OJ No L 280, 26. 10.2010 S 1. "

Article 2

Amendment of the Criminal Records Act 1968

The Criminal Records Act 1968, BGBl. No. 277/1968, as last amended by Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In § 10, the following (1a) and (1b) shall be inserted after the following:

"(1a) A certificate of" child and youth welfare "with" criminal record certificate " for all convictions of the applicant, identified in accordance with § 2 (1a), shall be subject to special application, via data in accordance with § 2 (1) Z 7 and 8 or on the fact that the criminal record does not contain any such convictions or entries. For this certificate of criminal record, the restrictions on information of § 6 of the Tilgungsgesetz 1972 apply, BGBl. No. 68, not. If the application is submitted at the same time as a request pursuant to para. 1, no additional fees and administrative charges are to be paid.

(1b) A request referred to in paragraph 1a shall be submitted by the applicant to a written invitation to submit a certificate as referred to in paragraph 1a, in which the exhibitor certifies that the certificate is valid for the examination of the suitability of the certificate. The exercise of a specific professional or organised voluntary activity in his or her area of responsibility, which mainly involves the supervision, care, upbringing, care or training of minors. "

(2) The following paragraph 4a is added to Article 11 (4):

" (4a) If no convictions or entries within the meaning of Section 10 (1a) are contained in the criminal record, the information or information shall be provided for: " In the criminal record of the Republic of Austria-guided by the State Police Directorate in Vienna-no convictions marked in accordance with § 2 (1a) of the Criminal Records Act 1968 appear to have been subject to a criminal offence against the sexual integrity and self-determination, as well as no entries pursuant to § 2 paragraph 1 Z 7 and 8 Criminal Records Act 1968 (judicial oversight of sex offenders and sexually motivated violent offenders, corresponding instructions or activity prohibitions). ""

3. § 14 is added in accordance with paragraph 11 of the following paragraph 12:

" (12) § § 10 para. 1a and 1b, as well as 11 para. 4a in the version of the Federal Law BGBl. I n ° 195/2013 are due to 1. Jänner 2014 in force. "

4. In accordance with § 14a, the following § 14b and title shall be inserted:

Implementation of European Union directives

§ 14b. § 10 (1) and (1b) in the version of the Federal Law BGBl. I No 195/2013, is intended to implement Directive 2011 /93/EU on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Framework Decision 2004 /68/JHA, OJ L 327, 28.11.2004, p. No. OJ L 335, 17.12.2011, as amended by the corrigendum OJ L 327, 28.12.2011, p. No. OJ L 18 of 21.01.2012 S 7.

Article 3

Amendment of the Security Policy Act

The Security Policy Act (SPG), BGBl. No 566/1991, as last amended by the Federal Law BGBl. I No 161/2013, shall be amended as follows:

1. In Section 76 (6), the text of the text shall be deleted "(§ 74)" and the phrase "according to § 74".

(2) The following paragraph 34 is added to § 94:

" (34) § 76 (6) in the version of the Federal Law Gazette (BGBl). I No 195/2013 shall enter into force at the end of the day of the event. "

Fischer

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