Amendment Of The Federal Act On Judicial Cooperation In Criminal Matters With The Member States Of The European Union (Eu-Jzg), Of The Extradition And Mutual Legal Assistance Act, And The House W...

Original Language Title: Änderung des Bundesgesetzes über die justizielle Zusammenarbeit in Strafsachen mit den Mitgliedstaaten der Europäischen Union (EU-JZG), des Auslieferungs- und Rechtshilfegesetzes und des Wohnhaus-W...

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_175/BGBLA_2013_I_175.html

175. Federal law, with the, (EU-JZG ÄndG 2013) be changed the Federal Act on judicial cooperation in criminal matters with the Member States of the European Union (EU-JZG), the extradition and judicial assistance Act, and the House reconstruction Act

The National Council has decided:

Table of contents



Article 1 amendment of the EU-JZG article 2 change of the ARHG article 3 amendment of the House reconstruction Act article 4 entry into force article 1

Change of the EU-JZG

The Federal Act on judicial cooperation with the Member States of the European Union (EU-JZG), Federal Law Gazette I no. 36/2004, amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents, § 5 of the following § 5a along with heading is inserted after:


"§ 5a execution of a European arrest warrant against Union citizens" 2. In the table of contents is inserted after section 16:


"§ 16a legal notice to arrest" 3. In the table of contents main units are the second section in "Third", "Fourth", the third party in the fourth the fourth in the "Fifth", the fifth in the "Sixth", "Seventh" the sixth and the seventh in the "Eighth" section renamed. After the first section the following section is inserted:


"Second section avoid parallel proceedings § 59a communication on a process domestically on a judicial authority of another Member State in paragraph 59 b response to a communication from a judicial authority of another Member State section 59 c recording of consultations" 4. In the table of contents entries to §§ 67 and 68 by the following entries shall be replaced:



"§ 67 understanding obligations § 68 treatment of requests and opinions by Eurojust § 68a Eurojust national coordination system" 5. In the table of contents will V. main piece become VI. main piece, §§ 81 and 84 receive the designation 122 to 125, and it is inserted showpiece the following new V. According to § 80 including headings:


"BC main piece of monitoring judicial decisions of first section monitoring of decisions about probation measures and alternative sanctions, and subsequent decisions first subsection monitoring of decisions of other Member States article 81 conditions § 82 inadmissibility monitoring section 83 jurisdiction § 84 procedure § 85 decision § 86 effect transferring the monitoring section 87 adaptation of probation measures § 88 periods § 89 postponing the decision article 90 subsequent decisions in the domestic section 91 reverse transcription and subsequent decisions in the issuing State § 92 understanding of the issuing State in all cases article 93 retrial § 94 cost second subsection obtaining monitoring" in another Member State article 95 referral to another Member State § 96 withdraw certificate of § 97 effect taking over the monitoring of article 98 back transfer of jurisdiction § 99 understanding of the State of enforcement in the case of the jurisdiction of the issuing State for subsequent decisions second section monitoring of decisions over the application of releasing agent of first subsection monitoring of decisions section 100 of the other Member requirements § 101 inadmissibility monitoring § 102 jurisdiction § 103 procedure § 104 decision paragraph 105 effect the adoption of section 106 monitoring adaptation of the milder means section 107 deadlines section 108 postponement of Decision § 109 jurisdiction for subsequent decisions section 110 requests for section 111 understanding of the issuing State § 112 unanswered understandings and termination monitoring § 113 handing over of persons concerned § 114 cost second subsection obtaining surveillance in another Member State article 115 referral of another Member State section 116 withdrawal of certificate § 117 request to continue monitoring § 118 decision on follow-up § 119 effect the acquisition of monitoring § 120 continue monitoring domestic § 121 understanding law 6. At the end of the table of contents is added:

'Annex X form referred to in article 6 of framework decision 2008/947/JHA of the Council on the application of the principle of mutual recognition to judgments and probation decisions with regard to the supervision of probation measures and alternative sanctions

Annex XI form referred to in article 17 of the framework decision 2008/947/JHA of the Council on the application of the principle of mutual recognition to judgments and probation decisions with regard to the supervision of probation measures and alternative sanctions

Annex XII form referred to in article 10 of framework decision 2009/829/JHA of the Council on the application - between the Member States of the European Union - the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

Annex XIII form referred to in article 19 of the framework decision 2009/829/JHA of the Council on the application - between the Member States of the European Union - the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

"Annex XIV list of the minimum contents of the understandings of Eurojust (article 67 par. 3)"

7 § 1 para 1 subpara 1 has to be as follows:



"(1. die Anerkennung und Vollstreckung justizieller Entscheidungen, insbesondere durch a) transfer of persons;"

b) securing of evidence and assets;

(c) enforcement of financial regulations;

(d) enforcement of fines;

(e) monitoring of decisions, which were arranged probation measures or alternative sanctions; (und f) monitoring of decisions on the application of releasing agent. "

8 in section 2 Z 2 is the phrase "serve arrangement on levy of enrichment, are subject to forfeiture" "Financial arrangement serve" replaced by the turn.

9 § has 2 Z 3 to read as follows:



"3."Issuing State"of the State, a) which judicial authority the European arrest warrant, issued

(b) where a judgment was imposed a sentence or a preventive measure associated with detention (oder c) where a decision was taken, arranged in the probation measures or alternative sanctions; "

10. According to § 2 No. 3 is inserted following Z 3a:



"3a."Issuing State"of the State in which a decision on the application of releasing resources; hit"

11. in section 2, no. 7 lit. c) will replace the comma with a semicolon and the following word "or" is omitted.

12. in section 2, no. 7 lit. (d) the word "Money" is replaced by the word "Assets".

13. According to § 2 No. 7 lit. (e) be following lit. added f) and g):



f) which are; decisions, in which were arranged probation measures or alternative sanctions, monitored and follow-up decisions taken

g) in which decisions about the use of releasing agents are monitored.

14. in section 2, Z 10 is the point replaced with a semicolon at the end and following Z 11 added:



"11.



""Financial arrangement"confiscation (section 19a StGB), expiry (§§ 20, 20B Penal Code), confiscation (§ 26 StGB) and each other in the withdrawal of an asset or subject of the existing punishment, preventive measure or legal consequence, which is pronounced for criminal proceedings in the country or abroad, with the exception of penalties, fines, victim compensation and legal costs."



15 according to § 5, 5a the following paragraph with heading shall be inserted:

"Execution of a European arrest warrant against Union citizens

§ 5a. "According to § 5 section 4 is also to proceed if the European arrest warrant for a Union citizen is issued, who acquired a right of permanent residence after five years lawful and continuous stay in the Federal territory (§ 53a para 1 and 2 settlement and residence Act - NAG, Federal Law Gazette I no. 100/2005) and has forfeited this right not for serious reasons of public order or public safety."

16 according to § 16, the following paragraph 16a and heading shall be inserted:

"Legal notice after arrest

section 16a. Who was arrested on the basis of a European arrest warrant, is to notify immediately in writing in a language it understood his rights (§ 171 section 4 StPO). The instruction shall include at least:



1. the right to be informed on the occasion of the hearing by the Court about the content of the European arrest warrant (article 18, section 29 subsection 3 ARHG);

2. the right to receive a written translation of the European arrest warrant (article 56 StPO);

3. the right, in case of the imposition of Übergabehaft by a defender to be represented (necessary defense; article 18, section 29 ARHG, article 61, paragraph 1 StPO);

"4. the opportunity with the transfer after consulting with a defender at the earliest in the first custody hearing agree to explain, and the legal consequences of such declaration (simplified passing; article 20, § 32 para 1 to 3 ARHG)."

17. in the second sentence of article 24, paragraph 4, the words "the forfeit" be replaced by the phrase "the confiscation".

18. in article 29, the following paragraph 2a is inserted:


"(2a) after introduction of the prosecution is to arrange the arrest by means of a European arrest warrant at the request of the public prosecutor by the Court. The delivery of the European arrest warrant to the competent executing judicial authority will in these cases also by the Court."

19. in section 41j Z 1, the words "or against a Union citizen, in terms of the conditions are met according to § 5a," inserted after the words "Austrian citizen".

20. in paragraph 42, b pursuant to paragraph 7 of the following paragraph 7a is inserted:

"(7a) was the imprisonment or the preventive measure associated with detention for multiple offences imposed and informs the competent authority of the executing state that the enforcement in regard to individual acts cannot be applied, as has the Court, which most recently detected in the first instance, at the request of the public prosecutor's Office decision to determine which part of the imposed sentence or preventive measure associated with detention accounted for those offences , to which the enforcement is applied. Was imposed a custodial sentence or preventive measure associated with detention of at least five years, the land court as a Senate of three judges will decide (§ 31 para. 6 StPO). Against the decision the transferring within 14 days to appeal to the higher regional court is open to the public prosecutor and the sentenced person. After legal effect of the decision the Federal Ministry of Justice shall send this the competent authority of the executing State."

21 the following sentence is added in paragraph 1 at the end of in section 42e:

"In the section 42b paragraph 7a listed cases the transfer of the sentenced person only at the time allowed to which she served those part of the imposed sentence or preventive measure associated with detention, in terms of the enforcement is not applied, domestic."

22. § 42e the following paragraph 3 is added:

"(3) the transfer of the sentenced person to the competent authority of the executing State has to get in by analogy with application of section 24 the Court."

23 in section 42f, paragraph 1, the words "of the Court" be replaced by the phrase "by the Court has recently recognized in the first instance,".

24. in article 45, paragraph 2, the phrase is replaced "The subsequent confiscation, confiscation of enrichment or expiry" by the words "a subsequent financial arrangement".

25. in article 47, paragraph 1, no. 3 is replaced by the phrase "Konfiskations-" the word "Revocation".

26. in article 52 accounts for the sales designation "(1)" and paragraph 2; After the words "financial arrangement" is the bracket expression "(§ 2 Z 11)" inserted.

27 § 52a paragraph 1 Z 9 is:



"9.



could be as far as the financial arrangement includes an extended decline, 20 b of the criminal code not the pronounced according to §";



28. in article 52 para 2, the word "Money" is replaced by the word "Asset".

29. in § 52c para 2 No. 4 are the words "covered amount of money" replaced by "covered assets".

30. in article 52, c paragraph 4 the word "Amount" is replaced by the word "Asset".

31. in section 52e para 1 No. 3 and paragraph 2, the word "Funds" is replaced by the word "Asset".

32. in § 52f No. 2 and in the final section the word "Money" is substituted with the word "Asset".

33. in § 52i Z 6 is substituted the word "Money" with the word "Asset".

34. in article 52, l (3) is replaced by the word "Asset" the word "Funds".

35. in article 52, m is replaced by the word "Foreclosure judgment" the word "Confiscation".

36. in the last sentence of article 53, paragraph 3, the phrase is ", would be to say that under Austrian law as a levy of enrichment as a foreclosure or confiscation," by the parenthetical expression "(§ 2 Z 11)" replaced.

37. in section 57a subsection 1 the twist is in the introductory phrase "investigations gained which have been specifically arranged by the public prosecutor's Office or approved (§ 102 StPO) or even performed by her (section 103, paragraph 2 StPO)" by the words "which you reported (§ 100 StPO)" replaced.

38. in section 57a, paragraph 2 does not apply, and the following sentence be added at paragraph 4:

"When data or other results from a domestic criminal proceedings, obtained through acts of investigation and evidence, which require a court approval or be ordered by the Court and carried out, this agreement only on the basis of a request for assistance of a judicial authority may be granted."

39th the second section in "Third-party", the third in "Fourth", "Fifth", the fifth in the "Sixth", the fourth be renamed in the 4th main piece of the 'Seventh' sixth and the seventh in the "Eighth" section. After the first section the following section is inserted:

"Second section

Avoid parallel proceedings

Communication on a procedure in Germany to a judicial authority of another Member State

§ 59a. (1) proceedings in respect of a criminal offence occurs in Germany against a certain person and there is reason to believe that in another Member State, proceedings against the same person for the same act runs (parallel processes), so has to communicate the public prosecutor's Office if it still not gained knowledge of the domestic proceedings the competent judicial authority of the other Member State.

(2) the report shall at least contain:



1. time, place and circumstances of fact, 2. name of the accused and of the victims as well as more personal data or relevant information to, 3. stage of the procedure, 4. where appropriate, the fact that the accused is in custody, and 5 designation of the public prosecutor's Office.

Response to a communication from a judicial authority of another Member State

§ 59 b. received a communication from a judicial authority of another Member State of a there-run procedure with the Prosecutor, shall immediately or within the specified time limit to answer, whether a parallel procedure is or was, and to make, where appropriate, at least the following information:



1st time, place and circumstances of fact, which is the subject of parallel proceedings in Germany in part or in full, 2. information on the progress of the proceedings and 3. designation of the public prosecutor's Office.

An immediate or timely response may not be granted, the reasons of the delay and the time limit within which the understanding will be communicated to so are the requesting authority.

Recording of consultations

section 59c. (1) results from a procedure according to section 59a or 59 § b, that occurs in another Member State a parallel procedure, so has the competent judicial authority of the other Member State aiming to take on the public prosecutor's Office consultations, if necessary, by taking over law enforcement (§ 60 ARHG) or obtaining the takeover of the prosecution (§ 74 ARHG) to ensure efficient processing and to avoid negative consequences of parallel proceedings. If no agreement is reached, Eurojust may be requested to support.

(2) up to the public prosecutor who affected to inform the judicial authority of another Member State through the essential steps necessary, transmit decisions beendigende in particular the procedures and to comply with requests for additional information, as far as non-Austrian security interests or the safety of persons would be at risk has the completion of consultations. In any case the outcome is to be communicated."

40. paragraph 63 para 1:

"(1) the objectives, responsibilities, tasks, internal organisation and operation of Eurojust arise from the decision 2002/187/JHA setting up Eurojust to reinforce the fight against of serious crime, OJ 2002/63, L 1, as amended by decision 2009/426/JHA to the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust to reinforce the fight against of serious crime, OJ L is 2009/138, 14 Eurojust through its national members and the College".

41. § 63 para 2 subpara 2 is:



"2. the cooperation between the competent authorities in the framework of judicial cooperation in particular under this Federal Act improve and ' 42. The following paragraph 3 is added to § 63:

"(3) in cases of cooperation with a third country, in which



1. request of the third country on the Austrian and the judicial authorities of another Member State or 2. following a request from an Austrian and a judicial authority of another Member State to the third country are set, requires coordination of cooperation through Eurojust, the consent of the Federal Minister for justice."

43. paragraph 64:


"64. (1) the Federal Minister for Justice has to send a national Member and a Deputy to Eurojust (article 39a of the civil servants Service Corporation Act of 1979, Federal Law Gazette No. 333/1979)." These must be judges or prosecutors of the service level. The national member function lasts at least four years. Recent postings are allowed. Is the national Member is chosen as the President or Vice-President of Eurojust, the duration of the function lasts at least as long as it requires the term. A premature termination of the posting is allowed only after reasonable notice to the Council of the European Union.

(2) the national Member and his Deputy are subject in carrying out their duties the technical Directives of the Federal Minister for Justice and the Chief State Prosecutor; the Deputy also those of the national member.

(3) the national Member shall be entitled



1. in direct business dealings with Austrian authorities, in particular with the public prosecutor's Office and courts, as well as security authorities, those information to overtake, which contribute to the fulfilment of the tasks of Eurojust;

2. within Eurojust, in particular with other national members, and bodies of the European Union, international organizations and law enforcement agencies of the Member States to exchange such information.

3 to facilitate judicial cooperation in particular under this Federal Act and receiving such request, transmit, to monitor or to provide additional information about them.

(4) the national Member may request the competent Austrian justice authorities to initiate an investigation to carry out investigative measures, to meet other procedural orders, to take over law enforcement to obtain the adoption of law enforcement, to make coordination with the competent authorities of another Member State, to take part in a coordination meeting, to form a joint investigation team or to transmit certain information; the request shall be justified.

(5) the national Member is entitled in the context of the powers of the public prosecutor's Office in coordination with the competent public prosecutor's Office for this



1. Requests for judicial cooperation in particular this federal law to provide, to supplement or to do;

2. investigative measures to arrange, as far as they were considered necessary in a coordination meeting convened by Eurojust, was invited to the competent judicial authority.

(6) in the case of danger in delay the national Member is further entitled, a controlled delivery (§§ 71 f) to arrange and to do the request of another Member State within the framework of the powers of the public prosecutor's Office. The competent public prosecutor's Office is to put from the order or registration in informed immediately.

"(7) the national Member may on behalf of Eurojust on the education and the activity of a joint investigation team (articles 60 ff) take part."

44. in article 65, paragraph 2 is replaced in the first sentence "two" by the word "three".

45. paragraph 67:

"Understanding obligations

Section 67 (1) during the period of investigation has the public prosecutor's Office, after the indictment the Court, in writing and without undue delay to inform the national Member:



1. by establishing a joint investigation team and on their outcome.

2. If request for judicial cooperation on at least two Member States were set and: a) the underlying fact in the requesting Member State or the issuing State with a measure preventive imprisonment or associated with detention, the maximum term of imprisonment of at least five years is threatened and concerned following acts: aa) trafficking, bb) sexual exploitation of children and child pornography, cc) trade with narcotic drugs or new psychoactive substances, dd) trafficking in firearms or parts thereof or ammunition , ee) corruption, ff) fraud affecting the financial interests of the European Union, gg) counterfeiting, hh) money laundering, ii) attacks against information systems;

b) the suspicion that the Act involving a criminal organisation was or c) suspected that the fact has serious cross-border dimensions or implications at the level of the European Union or more Member States are affected by the Act.

3. from the occurrence or probable occurrence of parallel proceedings (section 59a paragraph 1);

4. from the arrangement of a controlled delivery, at least three States, of which concerns at least two Member States;

5. from repeated refusals, requests to do certain, or otherwise more and more difficulties in judicial cooperation with a particular Member State.

(2) the obligation to communicate is eliminated, where would this affect Austrian interests of security or endanger the safety of persons.

(3) the understandings contain at least the minimum content laid down in annex XIV. Forms created by Eurojust for this purpose are for use by the courts and public prosecutor's Office."

46. paragraph 68:

"Treatment of requests and opinions of Eurojust

68. (1) request the national Member (§ 64 para 4) or of the College of Eurojust as well as opinions of the College of Eurojust without undue delay handling. The public prosecutor's Office, intends to grant a request or an opinion not is according to section 8, paragraph 1, of the public prosecutor's Office Act (StAG), BGBl. No. 164/1986, proceed. The Court has such a rejection decision to pronounce at the request of the public prosecutor's Office. A final rejection is to inform the Federal Ministry of Justice.

(2) the rejection of a request or a statement is substantiated. However affected by the establishment of Austrian security interests or would endanger the safety of persons, is instead a substantive justification of note to give that there are operational reasons for the rejection."

47. According to article 68, the following section 68a and heading shall be inserted:

"National Eurojust co-ordination system

§ 68a. (1) on the Eurojust national coordination system to participate following focal and contact points:



1 the national Eurojust contact point established in the Federal Ministry of Justice, 2. the national contact point for the EJN and the other contact points of the EJN (§ 70), 3, set up in the districts of the Chief State Prosecutor, established at the Federal Ministry of justice the national Eurojust contact point established within the jurisdiction of the Chief State Prosecutor Vienna in terrorism matters, 4. the contact point of the network for joint investigation teams, 5 furnished at the Federal Ministry of Justice relating to the focal point established in the Federal Ministry of Justice after the decision 2002/494/JHA setting up a European network of contact points Persons who are responsible for genocide, crimes against humanity and war crimes, OJ L 2002/167, 1, 6 the contact point established in the Federal Criminal Police Office after the decision 2007/845/JHA concerning cooperation between asset recovery offices of the Member States in the field of tracing and identification of proceeds from, or other property related to crime, OJ L 2008/301, 3 and 7 in the Central Public Prosecutor's Office to the pursuit of economic criminal cases and corruption (section 20a StPO) and decorated in the Swiss Federal Office for corruption prevention and fight against corruption contact points after the decision 2008/852/JHA on a contact-point network against corruption, OJ L 2008/301, 38.

(2) the Eurojust national coordination system supports Eurojust in carrying out its tasks, in particular by promoting a form of understanding (section 67), which is secure and allows you to record in the case management system directed at Eurojust, or through participation in the delimitation of competences between Eurojust and the EJN.

(3) the activity of the Eurojust national coordination system is ensured by the national Eurojust contact point in the Federal Ministry of Justice.

Access to the case management system directed at Eurojust to provide is (4) the judicial focal and contact points."

48. in paragraph 69, the following records are attached to the end:

"The EJN consists of the contact points designated by the Member States. Moreover, tasks, composition and functioning of the EJN arise network, OJ of the decision 2008/976/JHA on the European judicial "L 2008/348, 130."

49. in § 70 para 1 accounts for the words "or the district courts at the seat of the courts".

50. in article 70, paragraph 2, the words 'and the Presidents of the courts of appeal", accounts for"each"and"or judge".

51. the v is main piece main piece to the VI., §§ 81 and 84 receive the designation of sections 122 to 125, and it a new v is inserted after section 80 main piece, that together with the title to read as follows:

"BC main piece"

Monitoring judicial decisions

First section

Monitoring of probation measures and alternative sanctions, and follow-up decisions decisions

First subsection

Monitoring of decisions of other Member States

Prerequisites


81. (1) was in relation to a person convicted in another Member State who has their domicile or permanent residence in Germany and has already returned to Austria or want to return to the ruling or one on the basis of administrative decision, in which or in which a conditional sentence leniency was granted, a guilty verdict under reserve of the penalty has been made or granted a conditional release from imprisonment or detention of associated preventive measure , ordered a probation measure or an alternative sanction imposed, is to monitor that the sentenced person complies with the order on request of the issuing State in accordance with this subsection in the inland.

(2) probation measures and alternative sanctions in the sense of paragraph 1 are:



1. obligation of the person sentenced to the announcement of each residence or workplace change;

2. commitment, certain places, not to enter places or defined areas;

3. restrictions of the right to leave the territory of the executing State;

4. instructions concerning the behavior, stay, training and training or the leisure time of the person sentenced or include the limitations or modalities of the exercise of a professional activity;

5. obligation to report; at certain times to a specific authority

6 obligation, avoiding the contact with certain persons;

7 obligation to avoid contact with certain objects, which were used by the sentenced person to the Commission of the offence or could be used;

8 obligation financially to make good the damage caused by the offence or to provide proof about the equivalent of this obligation;

9 commitment to the provision of a public service;

10 obligation to cooperate with a probation officer or a representative of a convicted persons competent social service; and 11 obligation to undergo a treatment or a rehab.

Inadmissibility of the monitoring

82. (1) the monitoring of probation measures or alternative penalty is inadmissible



1. If the convicted person in the country has its residence or permanent residence;

2. If the decision none the probation measures listed in § 81 para 2 or alternative sanctions are based;

3. If a final decision in the domestic or a final decision already enforced in another State; were issued against the sentenced person for the offence underlying the decision

4. If the Act underlying the decision is not legally punishable under Austrian law, unless the Act is allocated to one of the categories listed in annex I, part A, of criminal offences; the allocation made by the issuing State is Z 3 binding subject to section 84, paragraph 2;

5. If the enforcement of the penalty, which refers to an act that is subject to the scope of the Austrian criminal law, barred under Austrian law;

6. If an amnesty or pardon, granted the Shawshank Redemption at home or in the issuing State

7. as far as monitoring the probation measures or alternative penalty; breach of provisions relating to immunity

8. If the Act underlying the decision was committed by a person, which under Austrian law was at the time indeed punishment a minor;

9 If the decision in the absence of the person sentenced is taken, unless that certificate showing, that this in accordance with the rules of procedure of the issuing State a) timely by personal summons or otherwise of time and space of negotiation that led to the decision, in fact has gained knowledge and it is been taught that the decision in his absence may be issued or b) having regard to the scheduled trial a self-selected or supplied by the court-appointed counsel has entrusted with its representation in the negotiation and; actually represented by this at the hearing (or c) after notification of the decision handed down in absentia and after instruction on the right to apply for the new implementation of the trial or a remedy to take, and in this manner, also taking into account new evidence, in his presence and an annulment of the decision to reach a renewed examination of the facts of the case, aa) has expressly declared to apply for no new implementation of the negotiations or take no appeal; or bb) within the existing time limits, no new implementation of negotiation; applied for or taken no appeal

10. If the probation measure includes a medical therapeutic measures, which can not be monitored also taking into account the possibility of adjustment provided for in § 87 in Austria

11. If the duration of the probation measures or alternative sanctions is less than six months;

12. if objective evidence, that the decision in violation of fundamental rights or fundamental principles of law in the meaning of article 6 of the Treaty on European Union is established, in particular the decision for the purpose of punishment of the convicted person reasons his sex, his race, religion, ethnic origin, nationality, language, political opinion or sexual orientation was hit, and the condemned man had no way , this fact before the European Court of human rights or to the Court of Justice of the European Union to make claims.

(2) if the sentenced person in Germany has no residence or permanent residence, can be tuned to still monitor on request of the competent authority of the issuing State, if due to certain circumstances bindings of the person sentenced to Austria of such intensity, to assume is that, that monitoring at home is facilitating the rehabilitation and reintegration of the offender into society.

(3) in the cases referred to in paragraph 1 Z 4 can be applied monitoring yet Z 2-4 after making the agreement with the competent authority of the issuing State under explicit rejection of the takeover of the responsibility for decisions according to article 90, paragraph 1.

(4) in tax, fiscal, customs and Monetary Affairs monitoring with the grounds are rejected, that Austrian law dictates no similar charges or taxes or contains no similar tax, tax, customs and currency regulations as the law of the issuing State.

Jurisdiction

Section 83 (1) of the decision on the supervision of probation measures and alternative sanctions and for subsequent decisions is factually responsible Court of the country. The extent of the action preventive Z 2-4 imprisonment to be enforced or detention related to article 90, paragraph 1 in the case of a subsequent decision is at least five years, so the District Court as a Senate of three judges decides (§ 31 para. 6 StPO).

(2) the territorial jurisdiction is determined according to the place where the convicted person has his domicile or permanent residence in the cases pursuant to article 82 paragraph 2 according to the place to which are the special bindings of the Shawshank Redemption.

(3) the Court, which is been concerned with monitoring is not responsible, so it assigns the case to the competent court and notified the competent authority of the issuing State thereof.

Procedure

84. (1) the monitoring requires that the domestic court



1. the decision to be monitored, or other decision; and 2 signed by the competent authority certificate (annex X) and, unless the issuing State has issued the explanation to accept certificates in German language as executing State (§ 95 sec. 4 No. 2), whose translation in the German language is transmitted.

(2) if



1. the certificate has been sent to not, is largely incomplete or obviously contrary to the judgment or the decision;

2. evidence that one Nos. 1 to 3 and 9 to 12 reasons for inadmissibility of the monitoring is on the in article 82, paragraph 1; or 3 the legal classification as an offence referred to in annex I, part A, is obviously flawed, or the condemned man, however, has raised reasoned objections, the competent authority of the issuing State to separate furnishing, completion or supplementary information within a determined reasonable time with the note to request that within the grace period the monitoring subject to action be denied according to § 82 par. 3 in full or in part.

(3) on request, the Court has immediately after receiving the preventive decision together with the certificate referred to in annex X of the maximum duration of the imprisonment or detention related measure of that underlying offence in the event of a breach of the probation measure can be imposed the sentence under Austrian law because of the, to inform the competent authority of the issuing State.

(4) on the trade route, § 14 para 1 to 5 is to apply mutatis mutandis.


(5) to the requirements of the monitoring (article 81) and to map domestic measures the offender can be heard.

(6) the competent authority of the issuing State may be consulted at any time, to obtain information in order to check the identity and place of residence of the person sentenced or otherwise to facilitate the smooth and efficient implementation of the monitoring.

Decision

Article 85 (1) on the takeover of the monitoring is to decide by resolution. The decision has the name of the authority, its ruling will be monitored, their reference number, a brief statement of the facts of the case, including place and time of indeed and the ordered probation measure to contain the name of the offence as well as the applied legislation of the issuing State. Also is to say, to determine a domestic decision adopted decision corresponds to any kind and which measures domestically to meet are, as well as, where appropriate, the duration of the probation measure, as well as the trial period (section 87).

(2) against the decision the transferring within 14 days to appeal to the higher regional court is open by the decision affected the public prosecutor's Office and the. Suspensive effect comes to a timely raised complaint.

(3) after the legal force of the decision, you are immediately for the supervision of the probation measure to take necessary measures.



Effect of the acquisition of monitoring



§ 86. After the takeover of the monitoring set the further action subject to the provision of § 91 under Austrian law. Monitoring the probation measure pursuant to section 81 subsection 2 is done Z 8 in such a way, that is applied the sentenced person to provide proof about the equivalent of the obligation to make good the financial damage caused by the offence.

Adaptation of probation measures

87. (1) not compatible is the nature or duration of the probation measures or alternative sanctions or the duration of the trial period with the Austrian law, it is so by the Court of the kind provided for by Austrian law or time to adapt.

(2) the appropriate probation measure and whose duration, as well as the adapted sample period has as far as possible to meet the probation measures ordered in the issuing State or alternative sanctions and their duration and the duration of originally specified sample time. The duration of the probation measure or the trial period arranged in the issuing State is greater than the maximum duration provided for by Austrian law, it must be according to the maximum duration provided for under Austrian law to set.

(3) the appropriate probation measure or duration of the probationary period may be not strict or longer than the probation measures ordered in the issuing State or alternative sanction or the trial period established in this State.

Deadlines

Section 88 (1) to acquire of the surveillance is subject to the provision of § 89 within 60 days after receipt of the decision together with the certificate referred to in annex X to the competent court to decide.

(2) if the time limit in individual cases not complied in para 1, the competent authority of the issuing State must be of it in any way, stating the reasons and the expected duration until the destiny of a final decision having regard to put.

Postponement of the decision

§ 89. The decision on the adoption of the monitoring is to postpone



1. up to the separate furnishing or completion of the certificate;

2. until the receipt of the information by the competent authority of the issuing State supplementary coveted.

Subsequent decisions in the domestic

90. (1) the Court has subject to the provision of § 91 all subsequent decisions relating to the supervision of a probation measure to meet, in particular



1. the change of the probation measures or alternative sanctions or the extension of the duration of the probationary period;

2. the withdrawal of the conditional sentence leniency;

3. revocation of conditional release; and 4 measures preventive later said of a custodial sentence or a detention-related (in the case of a debt's subject of the sentence).

(2) of the decisions mentioned in paragraph 1, the competent authority of the issuing State in knowledge is to put.

Reverse transcription and subsequent decisions in the issuing State

Section 91 (1) in the case of § 82 par. 1 Z 4 and paragraph 3 as well as for the case that the judgment, in which an alternative sanction was imposed, does measure preventive no imprisonment or detention related, which is to be enforced, in breach of and the Court in these cases, a subsequent decision pursuant to article 90, paragraph 1 holds Z 2, 3, or 4 for required , it has to transfer the monitoring to the competent authority of the issuing State, if such a work in by way of analogous application of § 15 and 16 years not taken into consideration.

(2) in the cases referred to in paragraph 1, the Court has in the manner provided for in § 14 para 3 immediately to inform the competent authority of the issuing State, whereby the notice using the form in accordance with annex XI:



1. from any breach of the Shawshank Redemption against the probation measure;

2. by any decision that is likely to result in the revocation of conditional sentence leniency or the conditional release;

3. from any decision, which is likely to have the imposition of a custodial sentence or preventive measure associated with detention of result; and 4th of all other circumstances, which are for the competent authority of the issuing State for the subsequent decisions of importance.

(3) a reconveyance of the monitoring to the competent authority of the issuing State has also to be carried out,



1. If the sentenced person flees, domestic no residence or permanent residence or more has no bindings within the meaning of article 82, paragraph 2 to this;

2. on request of the competent authority of the issuing State in the event that a new criminal case is pending against the offender in that State.

Understanding of the issuing State in all cases

section 92. The Court in the manner provided for in § 14 para 3 immediately to inform the competent authority of the issuing State



1. from the forwarding of the decision together with the certificate referred to in annex X to the authority responsible for the supervision of probation measures or alternative sanctions;

2. from the impossibility of monitoring the probation measures or alternative sanctions due to Untraceableness of the person sentenced in Germany after the delivery of the decision together with the certificate referred to in annex X. In this case no obligation to monitor;

3. by a final decision on the adoption of monitoring;

4. by the decision on the inadmissibility of surveillance, stating the reasons.

5. by the decision on the adjustment of the probation measures or alternative sanctions, stating the reasons.

6. from an amnesty granted to the convicted person or pardon;

7. by observing the probation measures or alternative sanctions.

Reopening of the case

Article 93. The issuing State shall decide on applications for resumption of the process underlying the decision.

Cost

§ 94. For the costs incurred by monitoring a foreign probation measures or alternative sanctions, a reimbursement can not are coveted by the issuing State.

Second subsection

Obtaining the monitor in another Member State

Referral of another Member State

95. (1) there is reason, another Member State to monitor a decision one or more probation measures underlying the request because the condemned man in this State has his domicile or permanent residence and already there is returned or will return, the Court has recently recognized in first instance, first to give opportunity to the manifestation of the public prosecutor's Office and hear the condemned.

(2) probation measures are within the meaning of paragraph 1:



1. issuance of directives according to § 51 para 1 and 2 of the criminal code;

2. arrangement of probation according to article 52 of the criminal code;

3. judicial supervision of sex offenders according to § 52a StGB;

4. carry out of a health measure under section 39 SMG;

5. issuing directive, to undergo a treatment, a psychotherapeutic, or medical treatment or a medical follow-up (§ 52 para 3 CP, 179a HCP); and 6 charitable benefits under sections 3, 3a HCP.

(3) the Federal Minister for Justice shall the conditions under which the Member States on request at the request of the offender notwithstanding the absence of a residence or permanent residence of the convicted in the State of enforcement to monitor are ready, by regulation announced.

(4) the Court has the competent authority of the executing State



1. the decision including translation, as long as such for the Shawshank Redemption in the domestic proceedings was already made to be monitored; as well as 2.

a completed and signed certificate (annex X) and, unless the State of enforcement has not declared to accept certificates in German language, to submit their translation into an official language of the executing State or in any other of this accepted language. The Federal Minister for Justice shall by regulation to announce which Member States accept the official languages.

(5) was in the decision a guilty verdict under reservation of punishment (§ 13 JGG) pronounced, so the Court has over the competent authority of the executing State to a message to request that can be imposed under the law of the executing State for the offence underlying the decision in the case of breach of the probation measure the maximum duration of custodial sentence or preventive measure associated with detention.

(6) on the Commerce, § 14 para 1 to 5 is to apply mutatis mutandis. Are the decision and the certificate not on the post were sent, are the competent authority of the executing State at their request to submit a copy or a certified copy of the decision, as well as the original of the certificate by post.

(7) the simultaneous referral of a further Member State monitoring is not permitted.



Withdrawal of the certificate



§ 96. not later than within ten days after receipt of the notification according to § 95 paragraph 5 requested or the adjustment decision the Court may, as long as with the monitoring of the State of enforcement still not begun for the case, that's the customized parole measures for inadequate or preventive measure in relation to the term of imprisonment to verbüßenden under Austrian law or with detention-related preventive maximum duration of the imprisonment or associated with detention in the case of breach of the probation measure under the law of the executing State Deemed action for disproportionately low, the competent authority of the executing state it put in knowledge that the certificate is withdrawn.

Effect of the acquisition of monitoring

Article 97. Once taking over the supervision of the State of enforcement you depend on the law of the executing State measures subject to the provisions of article 98.

Loopback of monitoring

Article 98. If the competent authority of the executing State re transfers the monitoring for the reasons mentioned in article 91, paragraph 1 and 3 to the domestic court, so this has to perceive the monitoring again, whereby it takes into account the duration and the degree of compliance with the probation measure Z 1 the Shawshank Redemption in the executing State and any decision according to article 90, paragraph 1 in this State. The same applies for the case of the withdrawal of the certificate according to § 96.



Understanding of the State of enforcement after reverse transcription



§ 99. monitoring re transferred the Court (§ 98), it has in the way provided for in § 14 para 3 immediately to inform the competent authority of the executing State



1 by the revocation of conditional sentence leniency or conditional release;

2 measure of the decision on the enforcement of the sentence pronounced in the judgment or detention;

3. from the subsequent penalty saying in the case of a debt's subject to the penalty.

4. by observing the probation measure.

Second section

Monitoring of decisions on the application of releasing agent

First subsection

Monitoring of decisions of other Member States

Prerequisites

100. (1) was in the course of one in another Member State of pending criminal proceedings against a natural person who has their domicile or permanent residence in Germany and has agreed to return to Austria after legal notice by a judicial authority or any other authority, which is responsible, a decision on the application of releasing funds, according to the law of that Member State for such decisions as is on request of the issuing State in accordance with this section in the domestic help ensure and monitor , that the person concerned meets the arrangement. Decisions relating to the issuance of an arrest warrant or the issuing of an other enforceable decision with equal legal effect must be taken by a judicial authority.

(2) moderate means within the meaning of paragraph 1 are:



1. obligation of the person concerned to the announcement of any change of residence;

2. commitment, certain places, not to enter places or defined areas;

3. obligation, if necessary, at certain times, to stop at a particular location;

4. restriction of the right to leave the territory of the executing State;

5. obligation to report; at certain times to a specific authority

6 obligation, contact with certain persons who are with or the crime/en to the load in connection with avoiding;

7 obligation to the lodging of a security;

8 commitment a cessation or else a medical treatment to undergo, unless the person concerned consents to this measure;

9. temporary loss of power driving vehicle documents;

10 temporary probation, unless the person concerned consents to this measure.

(3) the Federal Minister of Justice has the decisions referred to in this section authorities of Member States which are not judicial authorities, to be published by regulation.

Inadmissibility of the monitoring

101. (1) the monitoring of milder means adopted in another Member State is not permitted



1. If the person concerned has his domicile or permanent residence in Germany;

2. If the decision not the milder means listed in § 100 para 2 are based;

3. If a final decision in the domestic or a final decision of already enforced in another State; were issued against the person concerned for the facts underlying the decision

4. If the Act underlying the decision is not legally punishable under Austrian law, unless the Act is allocated to one of the categories listed in annex I, part A, of criminal offences; the allocation made by the issuing State is Z 3 binding subject to section 103, paragraph 2;

5. If the punishability of the Act, which is subject to the scope of the Austrian criminal law, is, barred under Austrian law

6. to the extent that monitoring would violate provisions concerning immunity

7. If the person concerned at the time of the Act underlying the decision on the application of releasing agent, was under Austrian law a minor penalty;

8. If in the event of violation of the person concerned against the applied slighter means the execution of a European arrest warrant, are rejected

9. if objective evidence, that the decision on the application of releasing agent in violation of fundamental rights or fundamental principles of law in the meaning of article 6 of the Treaty on European Union is established, in particular the decision in question for the purpose of punishment of the convicted person for reasons his sex, his race, religion, ethnic origin, nationality, language, political opinion or sexual orientation was taken , and the person concerned had no way, this fact before the competent authorities of the issuing State, before the European Court of human rights or to the Court of Justice of the European Union to make claims.

(2) if the person concerned in the country has no residence or permanent residence, can be tuned to still monitor on request of the competent authority of the issuing State at the request of the person concerned, if due to certain circumstances bindings of the person concerned to Austria of such intensity, that to assume is that that monitoring domestic serves facilitate the rehabilitation and reintegration of the victims into society.

(3) in the cases referred to in paragraph 1 Z 8 can apply monitoring yet after manufacture of the agreement with the competent authority of the issuing State expressly pointing out that in the event of violation of the person concerned against the applied milder means the execution of a European arrest warrant would have to be rejected.

(4) in tax, fiscal, customs and Monetary Affairs monitoring with the grounds are rejected, that Austrian law dictates no similar charges or taxes or contains no similar tax, tax, customs and currency regulations as the law of the issuing State.

Jurisdiction

Section 102 (1) to decide on the monitoring of a decision on the application of releasing agent is objectively responsible regional court.

(2) the territorial jurisdiction is determined according to the place where the person concerned has his domicile or permanent residence in the cases under § 101 paragraph 2 according to the place to which the special bindings of the person concerned are.


(3) the Court, which is been concerned with monitoring is not responsible, so it assigns the case to the competent court and notified the competent authority of the issuing State thereof.

Procedure

103. (1) the monitoring requires that the domestic court had signed to monitor's decision on the application of releasing agent and that the competent authority certificate (annex XII) and, unless the issuing State has issued the explanation to accept certificates in German language as executing State (§ 115 para 3 Z 2), whose translation in the German language is transmitted.

(2) if



1. the certificate has been sent to not, is largely incomplete or obviously contrary to the decision on supervision measures;

2. evidence that a Z 1 reasons to 3 and 9 for the inadmissibility of the monitoring is on the in article 101, paragraph 1; or 3 the legal classification as an offence referred to in annex I, part A, is obviously flawed, or the interested party, however, has raised reasoned objections, the competent authority of the issuing State to separate furnishing, completion or supplementary information within a determined reasonable time with the note to request that within the grace period the monitoring subject to action be denied according to § 101 paragraph 3 entirely or in part.

(3) on the trade route, § 14 para 1 to 5 is to apply mutatis mutandis.

(4) to the requirements of the monitoring (section 100) and to map domestic measures affected parties can be heard.

(5) the competent authority of the issuing State may be consulted at any time to obtain information for the purpose of verification of identity and place of residence of the person concerned or to facilitate the smooth and efficient implementation of the monitoring.

Decision

Section 104 (1) on the adoption of the monitoring is to decide by resolution. The decision has its file number, a brief statement of the facts of the case the name of the authority, its ruling will be monitored, including place and time of the Act underlying the decision, and milder means of applied, the name of the person concerned to the load set out offence as well as the applied legislation of the issuing State to contain. In addition, it is to pronounce, which measures domestically to meet are.

(2) against the decision the transferring within 14 days to appeal to the higher regional court is open to the public prosecutor and the person concerned. Suspensive effect comes to a timely raised complaint.

(3) after the legal force of the decision, you are immediately for the monitoring of the milder means to take necessary measures.

Effect of the acquisition of monitoring

§ 105. After the takeover of the monitoring set the further action subject to the provision of § 109 under Austrian law. Monitoring of the milder remedy pursuant to article 100, paragraph 2 is no. 7 in the way, that is applied the persons concerned to provide evidence of the carried out security performance.

Adaptation of the milder means

106. (1) not compatible is the type of applied milder with Austrian law, so it is of the Court provided for by Austrian law to adapt milder means.

(2) customized slighter has the milder means arranged in the issuing State to conform as far as possible. It should be non-fatal as the slighter means arranged in the issuing State.

Deadlines

§ 107. (1) on the adoption of monitoring has after the date the Court to decide subject to the provision of § 108 within 20 working days, which received the decision together with the certificate referred to in annex XII. In the case of an appeal pursuant to article 104, paragraph 2 extends this deadline by another 20 working days.

(2) if the time limit in individual cases not complied in para 1, the competent authority of the issuing State must be of it in any way, stating the reasons and the expected duration until the destiny of a final decision having regard to put.

Postponement of the decision

section 108. The decision on the adoption of the monitoring is to defer up to to the end of one of the competent authority of the issuing State reasonable



1. up to the separate furnishing or completion of the certificate;

2. until the receipt of the information by the competent authority of the issuing State supplementary coveted.

Jurisdiction for subsequent decisions

109. (1) the competent authority of the issuing State is responsible for all subsequent decisions relating to a decision on the application of releasing agent. This follow-up decisions include in particular:



1. the renewal, review and repeal or amendment of decision on the order of releasing funds;

2. the change of the milder means. and 3 the issuance of an arrest warrant or the issuing of an other enforceable decision having equivalent legal effect.

(2) in the event of a change of the milder means referred to in paragraph 1, the domestic court has no. 2



1. the modified milder means to adapt, if they are not compatible with Austrian law their nature (section 106); or 2. monitoring of the modified milder means to reject if listed milder means they do not fall within section 100, paragraph 2 under the.

Request for information

section 110. While monitoring the Court the competent authority of the issuing State, may ask at any time to tell us whether to continue monitoring with regard to the circumstances of the case.

Understanding of the issuing State

section 111. The Court in the manner provided for in § 14 para 3 immediately to inform the competent authority of the issuing State



1. from the forwarding of the decision on the warrant of releasing funds together with the certificate referred to in annex XII to the authority responsible for monitoring;

2. from the impossibility of monitoring because of Untraceableness of the person concerned in Germany after the delivery of the decision together with the certificate referred to in annex XII. In this case no obligation to monitor;

3. from the fact that an appeal against the decision has been filed according to article 104, paragraph 1

4. by a final decision on the adoption of monitoring;

5. by the decision on the inadmissibility of surveillance, stating the reasons.

6 of the decision on the adjustment of the milder means of indicating the reasons.

7 of any change of residence of the person concerned;

8 of any infringement of the applied moderate means and all other circumstances that might have a decision according to article 109, paragraph 1 result where the communication using the form according to annex XIII;

9. by the decision on the termination of the surveillance in accordance with article 112, paragraph 2, 3 or 4.

Unanswered understandings and termination monitoring

112. (1) the Court has at least two messages according to § 111 submitted Z 8 to the competent authority of the issuing State, without that it has taken a decision pursuant to article 109, paragraph 1, is to request this authority, to make such a decision within a reasonable time limit to her.

(2) is the competent authority of the issuing State no decision within this period made, the monitoring is to end.

(3) after the expiration of six months after the acquisition of monitoring, the competent authority of the issuing State under setting a reasonable period of time to confirm the need for the continuation of the monitoring is to ask. After the expiration of two years after the acquisition of monitoring them anyway, is to end.

(4) is carried out by the competent authority of the issuing State neither upon request according to para 3 still to a further request pointing out that surveillance be terminated after fruitless expiry of the time limit is no response, is to end the monitoring.

(5) in addition to the cases mentioned in paragraph 2 to 4, the monitoring is to terminate if the competent authority of the issuing State has withdrawn the certificate (section 116).

Transfer of the person concerned

§ 113. Has the competent authority of the issuing State against the person concerned issued an arrest warrant or an other enforceable decision with equal legal effect hit, so this is to pass the issuing State in accordance with the provisions of the second and third section of the IInd main piece.

Cost

§ 114. For the costs incurred by a foreign decision on the application of releasing agent monitoring, a reimbursement can not are coveted by the issuing State.

Second subsection

Obtaining the monitor in another Member State

Referral of another Member State


115. (1) there is reason, one other Member State to monitor a decision about the application one or more of the milder means listed in article 100, paragraph 2 referred to in section 173, para. 5 StPO or, if the executing State has accepted the monitoring of and other means of releasing to request such releasing funds, because the person concerned has his domicile or permanent residence in that State and has agreed to return to this country , after it was used by the milder means in knowledge, as has the Court, which decided in the first instance, first to give opportunity to the manifestation of the public prosecutor's Office and to hear the parties concerned.

(2) the Federal Minister for Justice shall by regulation to be published



1. the conditions under which the Member States on request at the request of the person concerned notwithstanding the absence of a residence or permanent residence of the person concerned in the State of enforcement to monitor are ready;

2. what Member States accept monitoring also other than the section 100 paragraph 2 stated milder means.

(3) the Court has the competent authority of the executing State



1. the decision including translation, as long as such for the suspect in the domestic proceedings was already made to be monitored; and 2. a completed and signed certificate (annex XII) and, unless the State of enforcement has not declared to accept certificates in German language, to submit their translation into an official language of the executing State or in any other of this accepted language. The Federal Minister for Justice shall by regulation to announce which Member States accept the official languages.

(4) on the Commerce, § 14 para 1 to 5 is to apply mutatis mutandis. Are the decision and the certificate not on the post were sent, are the competent authority of the executing State at their request to submit a copy or a certified copy of the decision, as well as the original of the certificate by post.

(5) the simultaneous referral of a further Member State monitoring is not permitted.

Withdrawal of the certificate

§ 116. not later than within ten days after receipt of the adjustment decision or a communication from the competent authority of the executing State for the maximum period for monitoring, and as long as the control in the executing State have not begun, the court case that's customized slighter means or the maximum period during which the monitoring can be performed, not deemed appropriate , the competent authority of the executing state of knowledge put in, that the certificate is withdrawn. The same applies in the event of receipt of a notification according to § 101 paragraph 3.

Request for continuation of the monitoring

§ 117. After expiry of the maximum period for monitoring communicated by the competent authority of the executing State, the Court may request this authority to continue monitoring for a further period to be known by him, when it deemed this relating to the circumstances of the case required.

Decision on follow-up

§ 118. After receiving a notice according to § 111 Z 8 and § 110 is due to a request to check whether there is reason to the precipitation of a decision in accordance with article 109, paragraph 1. There are any, transmitted by the competent authority of the executing state information about the risk that may come from the person concerned for the victims and for the general public, accordingly to take into account.

Effect of the acquisition of monitoring

§ 119. Taking over the supervision of the State of enforcement you depend on the law of the executing State measures subject to the provision of section 120.

Continue monitoring domestic

120. (1) the continuation of domestic surveillance is permitted in the following cases:



1. If the person concerned has; moved his domicile or permanent residence in a State other than the executing State

2. after the withdrawal of the certificate referred to in section 116.

3. in the cases according to § 109 paragraph 2 No. 2;

4. after expiry of the maximum period communicated by the competent authority of the executing State for monitoring, if is not complied with the request for continuation of the monitoring of this

5. after termination of the surveillance in accordance with article 112, paragraph 2, 3, or 4.

(2) in the cases specified in paragraph 1, the competent authority of the issuing State is to consult, to avoid any disruption of monitoring possible.

Understanding of the State of enforcement

§ 121. The Court in the manner provided for in § 14 para 3 immediately to inform the competent authority of the executing State



1. period for which additional considers the monitoring necessary, whereby the notice before the expiry of the maximum period for monitoring communicated by the competent authority of the executing State;

2. by any decision according to article 109, paragraph 1, and the event of an appeal against such a decision."

52. in article 124, paragraph 1, the phrase "para 6 and 7 and §§ 24," by the phrase is "the articles 24 and" replaced.

53. Article 124 paragraph 5, second sentence, is:

"At that time to replace the sections 39 to 42 g in proportion to each Member State, in which corresponding regulations for the execution of foreign sentences and detention of related preventive measures have entered into force at the time of their entry into force the following international agreements:"

54. in article 124, paragraph 7, the phrase "40 Z 11" is replaced by the phrase "40 Z 9".

55. in paragraph 124 12 the following paragraph is added:

"(12) § 1 para 1 subpara 1 lit. e and f, 2 No. 2, no. 3, Z 3a, no. 7 lit. c, d, f and g and Z 11, 5a, 16a, 24 ABS. 4, 29 para 2a, 41j Z 1, 42B, 42e par. 1 and 3, 42f para 1, 45 para of 2, 47 para 1 Z 3, 52, 52a para 1 No. 9, 52b para 2, 52c par. 2 Nos. 4 and para 4, 52e para 1 Nos. 3 and paragraph 3 , 52f Z 2, 52i Z 6, 52l § 3, 52m, 53 para 3, 57a, 59a to 59c, 63, 64, 65 paragraph 2, 67, 68, 68a, 69, 70 para 1 and 2, as well as sections 81 to 99 and 100 to 121 and X through XIII. annexes as amended by Federal Law Gazette I no. 175/2013 apply with August 1, 2013.

56. According to annex IX, following annexes are attached to XIV X:

"Annex X

Form referred to in article 6 of framework decision 2008/947/JHA of the Council on the application of the principle of mutual recognition to judgments and probation decisions with regard to the supervision of probation measures and alternative sanctions

[Please refer to the document "Anhang_X"]

Annex XI

Form referred to in article 17 of the framework decision 2008/947/JHA of the Council on the application of the principle of mutual recognition to judgments and probation decisions with regard to the supervision of probation measures and alternative sanctions

[Please refer to the document "Anhang_XI"]

Annex XII

Form referred to in article 10 of framework decision 2009/829/JHA of the Council on the application - between the Member States of the European Union - the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

[Please refer to the document "Anhang_XII"]

Annex XIII

Form referred to in article 19 of the framework decision 2009/829/JHA of the Council on the application - between the Member States of the European Union - the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

[Please refer to the document "Anhang_XIII"]

Annex XIV

List of the minimum contents of the understandings of Eurojust (article 67 par. 3)



1 for understandings referred to in article 67, paragraph 1 Z 1 (joint investigation teams): a) participating Member States, b) kind of relevant offences, c) date of the agreement on the establishment of the group, d) expected duration of the work of the group, including amendment this time, e) information on the head of the group for each participating Member State, f) short summary of the results of the joint investigation teams.

2. for understandings referred to in article 67, paragraph 1 Z 2: a) identification of the person, association or corporation that is the subject of criminal investigations or criminal proceedings, b) affected Member States, c) the offence concerned and its factual circumstances, d) information about selected requests for judicial cooperation in particular under this Federal Act, including: i) date of the request, ii) requesting or issuing authority, iii) requested or erledigende authority , iv) of the request (required measures), v) whether the request or not if not done, for whatever reason.

3. for understandings referred to in article 67, paragraph 1 Z 3 (parallel processes): a) affected Member States and competent authorities, b) identification of the person, association or corporation that is the subject of criminal investigations or criminal proceedings, c) the offence concerned and its circumstances.

4. for understandings referred to in article 67, paragraph 1 Z 4 (controlled delivery): a) affected Member States and competent authorities,


(b) information identifying the person, association or corporation that is the subject of criminal investigations or criminal proceedings, c) type of delivery, d) nature of the offence, in whose context the controlled delivery is performed.

"5. Für Verständigungen Gemäß § 67 Abs. 1 Z 5 (Weigerungen und Schwierigkeiten): a) requesting or issuing State, b) requested or executing State, c) description of the difficulties."

Article 2

Change of the ARHG

The Federal Act of 4 December 1979 on extradition and mutual legal assistance in criminal matters (extradition and mutual legal assistance law — ARHG), Federal Law Gazette No. 529/1979, amended by Federal Law Gazette I no. 134/2011, is amended as follows:

1. in article 29, paragraph 4, the second movement is eliminated.

2. in article 64, paragraph 1 and 2, the words are each "associated with detention of" before the words "preventive measure" inserted.

3. in article 64, paragraph 3, the words "with the detention of a related" be inserted before the words "preventive measures".

4. in article 64, paragraph 4, the phrase ", a levy of enrichment, a fall or a confiscation" by the phrase "or a financial arrangement" is replaced.

5. in article 64, paragraph 5, the words "a levy of enrichment" be replaced by the word "Foreclosure".

6. in article 64, paragraph 6, the words "a fall" be replaced by the words "a confiscation".

7. in article 64, paragraph 7 the phrase eliminates "skimmed off sums of money," and's "indented" be inserted after the words "and confiscated".

8. in article 64 the following paragraph 8 is added:

"(8)"Financial arrangement"means confiscation (section 19a StGB), expiry (§§ 20, 20B Penal Code), confiscation (§ 26 StGB) and each other in the withdrawal of an asset or subject of the existing punishment, preventive measure or legal consequence, which is pronounced for criminal proceedings in the country or abroad, with the exception of penalties, fines, victim compensation and legal costs."

9. in article 65, paragraph 1, the words are "associated with detention" in the first sentence, before the words "preventive measure" inserted, deleted the second sentence.

10. in article 67, paragraph 1 the comma will be replaced in the first sentence after the word "Punishment" by the words "or the associated with detention", and accounts for the words "or skimming of enrichment"; in the last sentence, the words "The forfeiture or confiscation" by the words "a financial arrangement" be replaced.

11. in article 67 par. 3 and 5, the words are each "associated with detention of" before the words "preventive action" inserted.

12. in article 76, paragraph 1, the words are "associated with detention of" before the words "preventive measure" inserted the phrase "a levy of enrichment" is replaced by the phrase "a financial arrangement", and the word "last" inserted before the phrase "in the first instance".

13. in article 76, par. 2 and 3 the words inserted before the words "preventive action" "one associated with detention".

14. in article 76, paragraph 4, the phrase "a levy of enrichment" is replaced by the phrase "a financial arrangement".

15. in section 76 para 5, the words will be "associated with detention" in the second sentence, before the words "preventive measure" inserted.

Article 3

Amendment of the House reconstruction Act

The House reconstruction Act, Federal Law Gazette No. 130/1948, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. sections 25 and 26, as well as article XII are eliminated.

2. in article 34, paragraph 1, the reference does not apply "25, 26,".

The following paragraph 4 is added to 3. § 34a:

"I kick (4) sections 25 and 26, as well as article XII in the up to the Federal Act Federal Law Gazette No. 175 / 2013 amended at the end of the 1 August 2013 override. Article 34, paragraph 1 of version BGBl. I will occur no. 175/2013 with force, August 1, 2013.

Article 4

Entry into force

Article 2 of this federal law shall enter into force August 1, 2013.

Fischer

Faymann