Criminal Law Amendment Act 2013

Original Language Title: Strafprozessrechtsänderungsgesetz 2013

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195. Federal law be changed with the 1975 code of criminal procedure, the criminal records Act 1968 and the Security Police Act (Criminal Law Amendment Act 2013)

The National Council has decided:

Table of contents

Article 1 amendment of the code of criminal procedure 1975 article 2 amend the criminal records Act 1968 article 3 amendment of the Security Police Act 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. 116/2013, is amended as follows:

1. in article 18, paragraph 1, the phrase is omitted ", particularly in the education and prosecution of offences referred to in the provisions of this Act".

2. in article 18, paragraph 2, the last sentence is omitted.

3. paragraph 18 para 3:

"(3) the bodies of the public security service (§ 5 ABS. 2 SPG) provided the Criminal Executive service that consists in the enlightenment and prosecution of offences referred to in the provisions of this Act."

4. the following paragraph 4 is added after paragraph 3 § 18:

"(4) at the request of a municipality the members of their municipal Constabulary to the district administrative authority can be assumed with their consent to provide criminal Executive service. The insinuation is regulation of National Police Director-General after consultation with the Chief State Prosecutor in whose jurisdiction is located the municipality. The insinuation is through regulation of the country Police Director

1. at the request of the municipality or 2. at the request of the district administrative authority or the Chief State Prosecutor in whose jurisdiction the community is as far as is observed, that the municipality awake body does not meet the task entrusted to him, to pick up."

5. in section 20a para 1, Z is 6 after the quote "BGBl. No. 555/1989" a comma and the phrase "after the ElWOG 2010, BGBl. I no. 110/2010 and the MLA 2011, Federal Law Gazette I no. 107/2011" inserted.

6. the existing text of § 50 receives the description of paragraph (1), the following sentence is inserted after the first sentence:

"As soon as the facts underlying the investigation underlying itself or in conjunction with new-onset may justify suspicion of committing another or any other offence, the accused also on these modified aspects of existing against him did suspicion to inform is."

7 in section 50 is added after the new paragraph 1 the following paragraph 2 and 3:

"(2) the legal notice is in a language which the accused understands, and in an understandable manner to give, with special personal needs are taken into account.

(3) the fact of the granted or amended notice of the suspect should be noted (paragraphs 95 and 96) in writing."

8 paragraph 52 section 1:

"52. (1) if inspection is available to the accused, are on request and for a fee to follow out copies (photocopies or other reproductions of the contents of the file) or is in accordance with the technical possibilities to allow him to make copies of itself, provided that this right is not exercised by a defender (§ 57 par. 2)." Sound or image recordings, which owns is generally prohibited, or affecting content pursuant to § 51 para 2 first sentence of the inspection are not subject to, are excluded; relates to their content worth protecting privacy interests of other party to the proceedings or a third party the obligation of secrecy of these recordings is the accused person to impose (section 301, paragraph 2 of the Criminal Code). Unless this is necessary to ensure of data security, the copies have the accused from law enforcement available to pass its cost provided disks against the replacement."

9 56 paragraph with heading:

"Translation help

56. (1) a defendant who cannot speak the language of the proceedings or understand, has the right to interpretation services (para. 2). As far as this is necessary to safeguard the rights of the defence and a fair trial, the accused also has the right to translation of the essential pieces of file (para. 3), which is a reasonably-to-be-determined period. First set the procedure for the exercise of this right applies Article 53, paragraph 1.

(2) interpretation services are to provide oral and in particular to ensure evidence where the accused takes part, for negotiations and on request also for the contact of the accused with his Defender, provided this contact in a directly related to any evidence, a hearing, making an appeal and an application for any other. If interpretation services can be provided for the language that the accused speak or understand, at the place of the hearing within reasonable time, the interpreting performance using technical facilities for Word - and image transmission can be provided, unless the personal presence of the interpreter is required to ensure of a fair trial.

(3) key file pieces are the written justification of the judicial police, the decision on the imposition or continuation of detention, the indictment, as well as the copy of the not yet final judgment order and judicial authorization of arrest in the case of section 171, paragraph 2. These pieces of the file shall not proceed according to paragraph 5 or 6, to translate in writing in the case of section 171 paragraph 2 by the judicial police, incidentally but by the public prosecutor or in the case of the imposition or continuation of detention and in the main proceedings (§ 210 paragraph 2) by the Court.

(4) at the request of the accused, more specifically to file pieces are him to translate, as far as the necessity of a translation referred to in paragraph 1 is justified or it is obvious in writing. The translation of the essential pieces of the file (para. 3 and 4) can be limited to that part of the piece of the file to be translated, is relevant that the accused know what will set him to the load.

(5) the written translation can by oral translation or, if the accused by a defender is represented, will be replaced by oral summary, insofar as such a such oral translation or oral summary does not preclude a fair trial.

(6) a waiver of the accused persons on written translation is allowed only if he were previously lectured on his right and the consequences of the waiver. Instruction and waiver be in writing (§§ 95 and 96). Last sentence applies to the waiver of a detained accused § 57 par. 2.

(7) if the accused is deaf or mute, a sign language interpreter is to consult, if can communicate the suspect in this. Otherwise to try to communicate with the accused in writing or in other appropriate way in which the accused can become understandable, is."

10 § 66 ABS 1 Z 5 is:

"5 on translation help with interpretation services in accordance with article 56, paragraph 2 and 7, ' 11 is article 106, paragraph 1:

"Section 106 (1) opposition to the Court any person entitled to, claimed to be injured in the investigation by police or prosecutors in a subjective right because"

1. you denied the exercise of a right under this Act or 2. arranged a discovery or subpoena in violation of provisions of this law or implemented.

In the event of the death of the person entitled to the opposition, this right comes the subpara 1 lit in section 65. b mentioned relatives to. A violation of a subjective right does not exist, as far as the law apart from a binding regulation of the behavior of public prosecutor or judicial police and made use of this discretion in accordance with the law."

12. in article 106, paragraph 3 "Objection is" is inserted after the turn the phrase "within six weeks of knowledge of alleged violation of a subjective right".

13. in article 106, paragraph 5 is in the first sentence after the word "not" the twist ", within four weeks" added.

14 paragraph 107 paragraph 1:

"Delayed (1) illegal, and such appeals, which the prosecution has complied with must be rejected. In addition, the Court in the matter has to decide. In the event, that charge was introduced, has to choose the Court which would have jurisdiction in the investigation about the opposition."

14A. In § 126 para 2a the second sentence is replaced by the following records:

"To ensure of the translation help by the criminal police has this one by the Federal Ministry of the Interior or on behalf of a service provider available to order provided suitable person. Article 127, paragraph 1 does not apply to these interpreters."

14B. B is added the following sentence § 126 section 2:

"If such a person is ordered by the Criminal Investigation Department as an interpreter, so your claim is aimed 53 b of the General administrative procedures Act (AVG), Federal Law Gazette compensation according to § no. 51/1991."

15. in article 164, paragraph 1, the first sentence is replaced by the following sentences:

"Before the start of the hearing is to consider whether translation assistance is required in accordance with article 56. Must notify the accused, which fact he is suspicious."

16 paragraph 171 para 3:

"(3) in the case of paragraph 1 is the accused immediately or within twenty-four hours after his arrest order of the public prosecutor's Office and the judicial approval to deliver;" "in the case of paragraph 2 a written justification of the judicial police on suspicion and primer."

17 the following paragraph 4 is added to § the 171:

"(4) the accused person is directly or immediately being written in a way understandable to him, and in a language which he understands to give legal notice (section 50), who has to inform him, after his arrest that he"

1. to the extent that he not be released is (section 172 para 2), delivered without undue delay in the prison and presented to the Court for a decision on detention is (article 172, paragraph 1 and 3 and 174 para. 1), and 2. is entitled to notify a family member or someone else confidence and a defender of his arrest or to inform (article 4 paragraph 7 LOB over the protection of personal freedom) , to rise b. appeal against the judicial authorization of arrest or appeal against his detention by the judicial police (para. 2) and the rest at any time to apply for his release, c. contact his consular representation (article 36 of the Vienna Convention on consular relations, BGBl. No. 318/1969), d. access to receive medical care (sections 66 to 74 HCP).

Is the written notification in a language which understands of the accused, not available, is to grant them (§ 56 para 2) first orally and then to furnish without undue delay. The fact of the given instruction is in each case in writing to hold (sections 95 and 96)."

17A. section 198 the following paragraph 3 is added:

"(3) by way of derogation from paragraph 2 Z 1 can be taken StGB after this main piece even in the case of abuse of authority according to § 302, para. 1, insofar as the defendant by the Act has brought about no or only minor or otherwise insignificant damage to rights and the Act the criminal code punishable by is threatened not to § 304."

18 in § 381 para 6, the first and second set are replaced by the following sentence:

"The cost for translation help (article 56) form no part of the reimbursable costs of the defendants."

"19. in article 393 paragraph 2 is the quote in the first sentence" § 56 para 1 third sentence "replaced by the quote"section 56 para 2"."

20 23 the following paragraph is added after paragraph 22 the § 514:

"(23) the sections 18, 20a para 6, 50, 52 para 1, 56, 66 par. 1 Z 5, 106 paragraph 1, paragraph 3 and paragraph 5, 107 paragraph 1, 126 par. 2a and 2B, 164 para 1, 171 paragraph 3 and paragraph 4, 198 para 3, 381 paragraph 6 and article 393 paragraph 2 as amended by Federal Law Gazette I no. 195/2013 with 1 January 2014 into force."

21. According to article 516 the following section 516a and heading shall be inserted:

Transposition of directives of the European Union

section 516a. (1) sections 50, 171 paragraph 4 as amended by Federal Law Gazette I no. 195/2013 serve the implementation of 2012/13/EU directive, the right to instruction and information in criminal proceedings OJ No. L 142 of the 01 06 2012 S 1.

(2) sections 56, 164 para 1, 381 paragraph of 6 and 393 paragraph 2 as amended by Federal Law Gazette I no. 195/2013 serve the implementation of the directive 2010/64/EC on the right to interpretation and translation in criminal proceedings, OJ No. L 280 of the 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 Gazette I no. 50/2012, is amended as follows:

1. in article 10 be inserted after para 1 following paragraph 1a and 1B:

"(1a) on special request a certificate marked with"Criminal record certificate of child and youth welfare"of all in accordance with § 2 paragraph 1a is marked convictions of the applicant data pursuant to § 2 para 1 Nos. 7 and 8 or above, that the criminal records no such convictions or entries containing to exhibit." The information limitations of section 6 of the principal Act 1972 do not apply for this certificate of criminal records, BGBl. No. 68. The application at the same time provided with a request referred to in paragraph 1, no extra fees and administrative charges are payable.

(1B) a request under paragraph 1a has to join a written request to submit of a certificate referred to in paragraph 1a, issued to him by the applicant where the Exhibitor confirms that this certificate for suitability to exercise a certain in his area of responsibility Professional or organized volunteer work, which includes mainly the supervision, care, education, maintenance, or training minors, is needed. "

2 the following paragraph 4a is added to in section 11 (4):

"(4a) no convictions or records within the meaning of § 10 contained in the criminal record para 1a, so the information or certificate has to be:" by the national police headquarter Vienna - none according to § 2 par. 1a criminal law seem 1968 marked convictions for an offence against sexual integrity and self-determination, as well as no entries in accordance with article 2, paragraph 1 in the criminal records of the Republic of Austria - Nos. 7 and 8 criminal records Act 1968 (judicial supervision of sex offenders and sexually motivated violence "" "(, entsprechende Weisungen oder Tätigkeitsverbote) to." "

3. 12 the following paragraph is added after paragraph 11 paragraph 14:

"I no. 195/2013 (12) § 10 par. 1a and 1B, as well as 11 paragraph 4a amended by Federal Law Gazette with 1 January 2014 into force."

4. According to § 14a, the following paragraph is inserted 14 b together with heading:

Transposition of directives of the European Union

§ 14 b article 10, paragraph 1 and 1B in the version of Federal Law Gazette I no. 195/2013, serves the directive 2011/93/EC on combating the sexual abuse, sexual exploitation of children and child pornography, as well as the replacement of the framework decision 2004/68/JHA, OJ No. L 335 of 12 S 1, as amended by the amending OJ No. L 18 of the 21.01.2012 S 7.

Article 3

Amendment of the Security Police Act

The Security Police Act (SPG), Federal Law Gazette No. 566/1991, amended by Federal Law Gazette I no. 161/2013, is amended as follows:

1 in § 76 para 6, the clip originally posted (art. 74) and the phrase accounts for "according to § 74".

34 the following paragraph is added to § 2. 94:

"(34) section 76 para 6 in the version of Federal Law Gazette. I no. 195/2013 at the end of the day of the by-laws enter into force."