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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175. Federal law amending the federal law on judicial cooperation in criminal matters with the member states of the European Union (EU-JZG), the extradition and judicial assistance law and the housing reconstruction law (EU-JZG-ÄndG 2013)

The National Council has decided:

table of contents

Article 1

Amendment of the EU-JZG

Article 2

Change of ARHG

Article 3

Amendment of the Housing Reconstruction Act

Article 4

entry into force

Article 1

Amendment of the EU-JZG

The Federal Act on Judicial Cooperation with the Member States of the European Union (EU-JZG), BGBl. I n ° 36/2004, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In the table of contents according to § 5 of the following § 5a with headline is inserted:

" § 5a

Enforcement of a European Arrest Warrant against Union citizens "

2. In the table of contents is inserted in accordance with § 16:

" § 16a

Legal instruction after arrest "

3. In the table of contents, the IV. Main part of the second section in "Third" , the third party in "Fourth" , the fourth in "Fifth" , the Fifth in "Sixth" , the Sixth in "Seventh" and the seventh in "Achter" Section renamed. The following section shall be inserted after the first section:

" Second Section

Avoidance of parallel procedures

§ 59a

Communication on a national procedure to a judicial authority in another Member State

§ 59b

Reply to a communication from a judicial authority in another Member State

Section 59c

Opening of consultations "

4. In the table of contents, the entries in § § 67 and 68 are replaced by the following entries:

" § 67

Duty to understand

Section 68

Treatment of requests and opinions of Eurojust

§ 68a

National Eurojust coordination system "

5. In the table of contents, the V. Main piece becomes VI. The main piece, sections 81 to 84, is called 122 to 125, and according to § 80 the following new fifth main piece is inserted with headlines:

" V. Main item

Monitoring of judicial decisions

First section

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

First subsection

Monitoring decisions of other Member States

§ 81

Requirements

Section 82

Inadmissibility of surveillance

Section 83

Responsibility

Section 84

Procedure

§ 85

Decision

§ 86

Impact of the monitoring of surveillance

§ 87

Adjustment of the suspensing measures

Section 88

Deadlines

§ 89

Postponing the decision

§ 90

Follow-up decisions in Germany

Section 91

Retransmission and follow-up decisions in the issuing State

§ 92

Understanding of the issuing State in all cases

Section 93

Resumption of proceedings

Section 94

Cost

Second subsection

Impact of surveillance in another Member State

§ 95

Referral to another Member State

§ 96

Withdrawal of the certificate

Section 97

Impact of the monitoring of surveillance

Section 98

Retransmission of competence

§ 99

Understanding of the executing State in the case of the responsibility of the issuing State for follow-up decisions

Second section

Monitoring of decisions on the use of funds

First subsection

Monitoring decisions of other Member States

§ 100

Requirements

§ 101

Inadmissibility of surveillance

Section 102

Responsibility

Section 103

Procedure

Section 104

Decision

Section 105

Impact of the monitoring of surveillance

Section 106

Adjustment of the funds

Section 107

Deadlines

Section 108

Postponing the decision

Section 109

Responsibility for follow-up decisions

§ 110

Requests for information

Section 111

Understanding of the issuing State

Section 112

unanswered comprehension and termination of surveillance

Section 113

Transfer of the person concerned

Section 114

Cost

Second subsection

Impact of surveillance in another Member State

§ 115

Referral to another Member State

Section 116

Withdrawal of the certificate

Section 117

Request for continued monitoring

Section 118

Decision on follow-up

§ 119

Impact of the monitoring of surveillance

§ 120

Continuation of domestic surveillance

Section 121

Understanding of the executing State

6. At the end of the table of contents is added:

" Annex X

Form in accordance with Article 6 of Council Framework Decision 2008 /947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of suspensory measures and alternatives Penalties

Annex XI

Form in accordance with Article 17 of Council Framework Decision 2008 /947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of suspensory measures and alternatives Penalties

Annex XII

Form referred to in Article 10 of Council Framework Decision 2009 /829/JHA on the application, between the Member States of the European Union, of the principle of mutual recognition to decisions on surveillance measures as an alternative to provisional detention

Annex XIII

Form referred to in Article 19 of Council Framework Decision 2009 /829/JHA on the application, between the Member States of the European Union, of the principle of mutual recognition to decisions on surveillance measures as an alternative to provisional detention

Annex XIV

List of the minimum content of Eurojusts (§ 67 para. 3) "

7. § 1 (1) (1) (1) has to read as follows:

" 1.

the recognition and enforcement of judicial decisions, in particular by

a)

Surrender of persons;

b)

Securing evidence and property;

c)

Enforcement of property orders;

d)

Enforcement of monetary sanctions;

e)

monitoring decisions in which suspensing measures or alternative sanctions have been imposed; and

f)

Monitoring decisions on the use of funds. "

8. In § 2 Z 2 the turn "Order on the depletion of enrichment to be subject to decay" through the turn "shall serve as an investment law" replaced.

9. § 2 Z 3 shall read as follows:

" 3.

"State of exhibition" of the State,

a)

whose judicial authority has issued the European arrest warrant;

b)

in which a judgment has been issued which imposes a custodial sentence or a preventive measure involving deprivation of liberty; or

c)

in which a decision has been taken in which probation measures have been ordered or alternative sanctions have been imposed; "

10. According to § 2 Z 3, the following Z 3a is inserted:

" 3a.

"issuing State" means the State in which a decision on the application of the funds has been taken; "

11. In § 2 Z 7 lit. (c) the indent shall be replaced by a stroke, and the following word shall be replaced by "or" No.

12. In § 2 Z 7 lit. (d) the word "amounts of money" by the word "Assets" replaced.

13. According to § 2 Z 7 lit. (e) the following lit. (f) and (g) added:

f)

monitoring and follow-up decisions taken in the decisions where suspensing measures are ordered or alternative sanctions are imposed;

g)

in which decisions on the application of the funds are monitored. "

14. In § 2 Z 10, the point at the end is replaced by a stroke point and the following Z 11 is added:

" 11.

"Property order" confiscation (§ 19a StGB), decay (§ § 20, 20b German StGB), confiscation (§ 26 StGB) and any other penalty, preventive measure or legal consequence existing in the withdrawal of an asset or object, which after implementation a criminal court procedure at home or abroad, with the exception of fines, fines, victims ' compensation and procedural costs. "

15. In accordance with § 5, the following § 5a together with the heading is inserted:

" Enforcement of a European arrest warrant against EU citizens

§ 5a. According to Article 5 (4), it is also necessary to proceed if the European arrest warrant is issued against a citizen of the Union who, after five years of legal and uninterrupted residence in the Federal territory, has acquired the right of permanent residence (Article 53a (1) and (2)). Niederlassungs-und Residence Act-NAG, BGBl. I n ° 100/2005) and this right did not result in serious grounds of public order or public security. '

16. In accordance with § 16, the following § 16a and title shall be inserted:

" Legal instruction after arrest

§ 16a. Anyone who has been arrested on the basis of a European Arrest Warrant is to be informed in writing about his rights in a language which he/she can understand (Section 171 (4) of the StPO). In any case, the instruction has to include:

1.

The right to be informed about the contents of the European arrest warrant on the occasion of the hearing by the court (§ 18, § 29 para. 3 ARHG);

2.

the right to obtain a written translation of the European Arrest Warrant (§ 56 StPO);

3.

the right to be represented by a defender in the case of the imposition of the surrender detention (necessary defense; § 18, § 29 ARHG, § 61 paragraph 1 StPO);

4.

the possibility of agreeing with the surrender after consultation with a defense attorney at the earliest in the first prison sentence, and the legal consequences of such a declaration (simplified surrender; § 20, § 32 para. 1 to 3 ARHG). "

17. In the second sentence of Section 24 (4), the words shall be: "the decay" through the turn "the confiscation" replaced.

18. The following paragraph 2a is inserted in § 29:

" (2a) After the prosecution has been filed, the arrest must be ordered by the court by means of a European arrest warrant at the request of the Public Prosecutor's Office. The transmission of the European Arrest Warrant to the competent executing judicial authority shall also be carried out in these cases by the Court of First Instance. "

19. In § 41j Z 1, after the words "Austrian citizens" the words "or against a citizen of the Union in respect of which the conditions laid down in paragraph 5a are fulfilled," inserted.

20. In § 42b, the following paragraph 7a is inserted after paragraph 7:

" (7a) The custodial sentence or the preventive measure associated with deprivation of liberty has been imposed on the grounds of several offences and shall inform the competent authority of the executing State that enforcement is not carried out in respect of individual acts , the Court of First Instance, most recently in the first instance, has decided, at the request of the Public Prosecutor's Office, with a decision on the part of the custodial sentence imposed or preventive detention linked to the deprivation of liberty of liberty. Action to be taken in respect of those offences in respect of which Enforcement shall be taken over. If a custodial sentence or a preventive measure involving deprivation of liberty has been imposed of at least five years, the Regional Court shall decide as Senate of three judges (Section 31 (6) of the StPO). The public prosecutor's office and the convicted person shall be open to appeal to the Higher Regional Court within 14 days of the decision. According to the legal force of the decision, the Federal Ministry of Justice has to forward it to the competent authority of the executing State. "

21. In § 42e, the following sentence shall be added at the end of paragraph 1:

" In the cases referred to in section 42b (7a), the transfer of the convicted person may not take place until the date on which they are entitled to that part of the sentence of imprisonment imposed or preventive measure associated with deprivation of liberty, in respect of whose execution is not taken over, has served domestily. "

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

"(3) The transfer of the convicted person to the competent authority of the executing State shall cause the court to apply in the appropriate application of Section 24."

23. In § 42f (1), the words shall be: "from the court" through the turn "from the court that last recognized in first instance," replaced.

24. In § 45 (2), the turn "the subsequent confiscation, the depletion of enrichment or the decay" by the words "a subsequent asset-law arrangement" replaced.

25. In § 47 (1) (3), the word "decay-" through the turn "Confiscation-" replaced.

26. In § 52, the sales denomination "(1)" and paragraph 2; in the words of "asset-law order" the parenthesic expression "(§ 2 Z 11)" inserted.

27. § 52a (1) Z 9 reads:

" 9.

as far as the investment law order includes an extended decay which could not be pronounced in accordance with § 20b of the German StGB (German StGB) ";

28. In Section 52b (2), the word shall be: "Amount of money" by the word "Asset" replaced.

29. In § 52c (2) (4), the words shall be: "Amount Collected" by the words "acquired asset" replaced.

30. In § 52c (4), the word "Amount of money" by the word "Asset" replaced.

31. In Section 52e (1), (3) and (2), the word shall be "Amount of money" by the word "Asset" replaced.

32. In § 52f Z 2 and in the final part the word shall be "Amount of money" by the word "Asset" replaced.

33. In § 52i Z 6 the word shall be "Amount of money" by the word "Asset" replaced.

34. In Section 52l (3), the word shall be "Amount of money" by the word "Asset" replaced.

35. In § 52m the word "Education Decision" by the word "Expiration decision" replaced.

36. In the last sentence of § 53 (3), the turn " , which, according to Austrian law, would be to be pronounced as a depletion of enrichment, as a decay, or as a confiscation, " by the parenthesis expression "(§ 2 Z 11)" replaced.

37. In § 57a (1) the turn shall be made in the introduction sentence "which were obtained by investigations, which were specifically ordered or approved by the Public Prosecutor's Office (§ 102 StPO) or carried out by itself (Section 103 (2) of the StPO)" by the words "which you report (§ 100 StPO)" replaced.

38. In § 57a, paragraph 2 is deleted, and the following sentence is added to paragraph 4:

" In the case of data or other results obtained from a domestic criminal procedure obtained through investigative acts and evidence which require a judicial authorization or are ordered and carried out by the court, this may be Consent shall only be given on the basis of a judicial assistance request by a judicial authority. "

39. In the IV. The main item will be the second section in "Third" , the third party in "Fourth" , the fourth in "Fifth" , the Fifth in "Sixth" , the Sixth in "Seventh" and the seventh in "Achter" Section renamed. The following section shall be inserted after the first section:

" Second Section

Avoidance of parallel procedures

Communication on a national procedure to a judicial authority in another Member State

§ 59a. (1) Where a person is subject to a criminal offence against a particular person, and there is reason to believe that proceedings against the same person are being conducted in another Member State for the same offence (parallel procedure), the public prosecutor's office shall notify the competent judicial authority of the other Member State, provided that the competent judicial authority has not yet obtained its knowledge of the national proceedings.

(2) The communication shall contain at least:

1.

time, place and the closer circumstances of the act,

2.

the name of the accused person and the victim, as well as other information on the person or relevant information,

3.

State of the proceedings,

4.

where appropriate, the fact that the accused person is in detention, and

5.

Name of the public prosecutor.

Reply to a communication from a judicial authority in another Member State

§ 59b. If a communication from a judicial authority in another Member State is submitted to the public prosecutor's office by a procedure carried out there, it shall reply without delay or within the specified time limit to the effect that a parallel procedure is being conducted or, where appropriate, at least the following further information:

1.

time, place and the closer circumstances of the act which, in part or in full, is the subject of the parallel proceedings in the country concerned,

2.

Information on the state of the proceedings and

3.

Name of the public prosecutor.

Where an immediate or timely reply cannot be granted, the applicant authority shall be informed of the reasons for the delay and the time limit within which the agreement will be made.

Opening of consultations

§ 59c. (1) The public prosecutor's office shall consult with the competent judicial authority of the other Member State with the competent judicial authority of the other Member State from a procedure in accordance with section 59a or § 59b that a parallel procedure is carried out in another Member State. The aim is to ensure efficient processing, if necessary by taking over the prosecution (§ 60 ARHG) or the acquisition of the prosecution (§ 74 ARHG), and to avoid adverse consequences of parallel proceedings. If no agreement is reached, Eurojust may be requested for assistance.

Pending the conclusion of the consultations, the Public Prosecutor's Office shall inform the judicial authority of the other Member State of the essential procedural steps, in particular the decisions to be taken, and requests for Transmission of additional information to the extent that Austrian security interests are not adversely affected or the safety of persons would be at risk. In any event, the outcome of the proceedings shall be notified. "

40. § 63 (1) reads:

' (1) The objectives, responsibilities, tasks, internal organisation and functioning of Eurojust are derived from Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime, OJ L 327, 22.12.2002, p. 1), as amended by Decision 2009 /426/JHA on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime, OJ L 201, 31.7.2009, p. L 2009/138, 14. Eurojust shall act by its national members or by the College. "

41. § 63 (2) Z 2 reads:

" 2.

improve cooperation between competent authorities in the framework of judicial cooperation, in particular in accordance with the provisions of this Federal Law, and "

(42) The following paragraph 3 is added to § 63:

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

1.

Request from the third country to the Austrian and judicial authorities of another Member State, or

2.

Request from an Austrian and a judicial authority of another Member State to the third country

, the coordination of cooperation by Eurojust shall require the approval of the Federal Minister of Justice. "

43. § 64 reads:

" § 64. (1) The Federal Minister for Justice has to send a national member and a deputy to Eurojust (Section 39a of the Civil Service Law 1979, BGBl. No. 333/1979). These must be judges or prosecutors of the service. The functional duration of the national member shall be at least four years. New dispatches are permitted. If the national member is elected to the President or Vice-President of Eurojust, the period of operation shall be at least as long as the term of office is required. An early termination of the posting shall be admissible only after a reasoned notification to the Council of the European Union.

(2) In the performance of their duties, the national member and his deputy shall be subject to the technical instructions of the Federal Minister for Justice and the Oberstaatsanwaltschaften; the deputy also shall also be subject to those of the national representative. Member.

(3) The national member shall be entitled to:

1.

in direct business dealings with Austrian authorities, in particular with the public prosecutors and courts and the security authorities, to obtain the information which can contribute to the performance of the tasks of Eurojust;

2.

to exchange such information within Eurojusts, in particular with other national members, and with bodies of the European Union, international organisations and law enforcement agencies of the Member States;

3

to facilitate judicial cooperation, in particular in accordance with the provisions of this Federal Law, and to receive, transmit, monitor or provide additional information on such requests.

(4) The national member may request the competent Austrian judicial authority to initiate an investigative procedure, carry out investigative measures, take other procedural provisions, take over the prosecution or the to take over the prosecution, to coordinate with the competent authorities of another Member State, to participate in a coordination meeting, to form a joint investigation team, or to provide certain information on , the request shall be justified.

(5) The national member shall be entitled, within the limits of the powers of the public prosecutor's office, in coordination with the competent public prosecutor's office, for the

1.

Requests for judicial cooperation, in particular under this federal law, to be supplemented or completed;

2.

To arrange for investigative measures, in so far as they were deemed necessary in the framework of a coordination meeting convened by Eurojust, to which the competent judicial authority was invited.

(6) In case of danger in default, the national member is also entitled to order a controlled delivery (§ § 71 f) and to carry out requests from another Member State within the scope of the powers of the prosecutors ' offices. The competent public prosecutor's office shall be informed without delay of the order or the execution of the case.

(7) The national member may, on behalf of Eurojust, participate in the formation and operation of a Joint Investigation Team (§ § 60 et seq.). "

44. In § 65 (2), the word in the first sentence shall be: "two" by the word "Three" replaced.

45. § 67 reads:

" Understanding

§ 67. (1) During the duration of the investigation proceedings, the Public Prosecutor's Office, after the prosecution has been brought, has the court to inform the national member in writing and without undue delay:

1.

the formation of a Joint Investigation Group and its outcome;

2.

where requests for judicial cooperation have been made to at least two Member States and:

a)

the underlying deed in the requesting Member State or The issuing State shall be punishable by a custodial sentence or a preventive measure associated with deprivation of liberty for a maximum of at least five years and shall be subject to the following acts:

aa)

human trafficking,

bb)

sexual exploitation of children and child pornography,

cc)

trade in addictive toxins or new psychoactive substances,

dd)

trade in firearms or parts thereof or ammunition;

ee)

Corruption,

ff)

Fraud to the detriment of the financial interests of the European Union,

gg)

counterfeiting,

hh)

money laundering,

ii)

attacks on information systems;

b)

there is a suspicion that the crime was carried out with the involvement of a criminal organisation, or

c)

there is a suspicion that the act has serious transnational dimensions or effects at European Union level, or that other Member States are in fact affected;

3.

the occurrence or probable occurrence of parallel proceedings (§ 59a para. 1);

4.

the arrangement of a controlled delivery involving at least three States, of which at least two Member States are concerned;

5.

repeated refusals to carry out certain requests, or difficulties which would otherwise arise in judicial cooperation with a particular Member State.

(2) The obligation to communicate shall not be required in so far as this adversely affects Austrian security interests or endangers the safety of persons.

(3) The understandings shall include at least the Annex XIV minimum content. Forms drawn up by Eurojust for this purpose shall be used by the courts and public prosecutors. "

§ 68 reads:

" Treatment of requests and opinions of Eurojust

§ 68. (1) The request of the national member (Section 64 (4)) or the College of Eurojust and the opinions of the College of Eurojust shall be dealt with without undue delay. If the Public Prosecutor's Office does not intend to accept a request or an opinion, the Public Prosecutor's Office (Public Prosecutor's Office), BGBl, shall be required to comply with Section 8 (1) of the Public Prosecutor's Law No 164/1986. The Court of First Instance shall, at the request of the Public Prosecutor's Office, issue a decision of this kind A final rejection shall be notified to the Federal Ministry of Justice.

(2) Rejection of a request or an opinion shall be justified. If, however, the justification would affect Austrian security interests or endanger the safety of persons, there should be an indication instead of a substantive justification that there are operational reasons for the refusal. "

47. According to § 68, the following § 68a and heading is inserted:

" National Eurojust Coordination System

§ 68a. (1) The following points of contact and contact points shall be taken by the Eurojust national coordination system:

1.

the national Eurojust correspondent set up in the Federal Ministry of Justice,

2.

the national contact point for the EJN, established in the Federal Ministry of Justice, and the other contact points of the EJN, which are set up in the sprenings of the Oberstaatsanwaltschaften (§ 70),

3.

the Eurojust national correspondent on terrorism, established in the Sprengel of the Vienna Supreme Prosecutor's Office,

4.

the contact point of the Network Joint Investigation Groups, established in the Federal Ministry of Justice,

5.

the contact point established in the Federal Ministry of Justice, in accordance with Decision 2002/494/JHA setting up a European network of contact points relating to persons responsible for genocide, crimes against humanity and war crimes are responsible, OJ L 2002/167, 1,

6.

the contact point established in the Federal Criminal Police Office in accordance with Decision 2007 /845/JHA on cooperation between the Asset Recovery agencies of the Member States in the field of tracing and the identification of proceeds of crime; or other property related to criminal offences, OJ L 327, 31.12.2002, p L 2008/301, 3 and

7.

the contact points set up in the Central Public Prosecutor's Office for the Prosecution of Economic Criminal Matters and Corruption (§ 20a StPO) and the Federal Office for the Prevention of Corruption and Anti-Corruption pursuant to Decision 2008 /852/JHA on a Anti-corruption contact network, OJ C 327, 28.4.2002, p. L 2008/301, 38.

(2) The Eurojust national coordination system shall assist Eurojust in the performance of its tasks, in particular by promoting a form of communication (§ 67), which is secure and which is to be included in the Eurojust system. A case-processing system, or through participation in the delimitation of competences between Eurojust and the EJN.

(3) The activities of the national Eurojust coordination system shall be ensured by the national Eurojust correspondent in the Federal Ministry of Justice.

(4) Access to the case-processing system established at Eurojust shall be granted to the judicial start-up and contact points. "

48. In § 69 the following sentences are added at the end:

" The EJN is composed of the contact points designated by the Member States. In addition, the tasks, composition and functioning of the EJN are to be found in Decision 2008 /976/JHA on the European Judicial Network, OJ L 327, 30.4.2008, p. L 2008/348, 130. "

49. The words in § 70 (1) "or at the regional courts at the seat of the Higher Regional Courts" .

50. In § 70 (2) the words are deleted "and the presidents of the Higher Regional Courts" , "Each" and "or Judge" .

51. The fifth main piece becomes VI. The main piece, § § 81 to 84, is named § § 122 to 125, and according to § 80 a new fifth main piece is inserted, which, together with the title, has to be read as follows:

" V. Main item

Monitoring of judicial decisions

First section

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

First subsection

Monitoring decisions of other Member States

Requirements

§ 81. (1) In the case of a person sentenced in another Member State who has his or her residence or permanent residence and who has already returned or intends to return to Austria, in the judgment or on the basis of that judgment, a decision by the authorities in which a conditional penal review has been issued, a guilty verdict is made subject to the penalty, or a conditional release from a custodial sentence or deprivation of liberty shall be deemed to have been made preventive action, a probation measure, or a alternative sanction shall be monitored at the request of the issuing State, in accordance with the provisions of this Subsection within the territory of the country, that the convicted person is in conformity with the order.

(2) Becurrency measures and alternative sanctions within the meaning of paragraph 1 are:

1.

Obligation of the convicted person to make the announcement of any change of residence or place of work;

2.

Obligation not to enter certain places, places or designated areas;

3.

the restriction of the right of exit from the territory of the executing State;

4.

instructions relating to the conduct, residence, training and training or leisure activities of the convicted person, or which include restrictions or arrangements for the pursuit of a professional activity;

5.

an obligation to report to a particular authority at certain times;

6.

obligation to avoid contact with certain persons;

7.

an obligation to avoid contact with certain items which have been used or could be used by the convicted person in order to commit the offence;

8.

an obligation to provide financial credit for the damage caused by the act and/or to provide evidence of the equivalent of that obligation;

9.

Obligation to provide a non-profit-making service;

10.

an obligation to cooperate with a probation officer or a representative of a social service responsible for convicted persons; and

11.

An obligation to undergo a treatment or a treatment of a treatment or a treatment.

Inadmissibility of surveillance

§ 82. (1) The supervision of the probation measure or of the alternative sanction shall be inadmissible;

1.

if the convicted person does not have his residence or permanent residence in the country;

2.

if the decision does not base any of the probation measures or alternative sanctions referred to in Article 81 (2);

3.

if a final decision has been taken against the convicted person on the basis of the act on which the decision is based, or a final decision which has already been passed in another country has been taken;

4.

if the act on which the decision is based is not punishable by law under Austrian law, unless the deed is assigned to one of the categories of criminal offences listed in Annex I, Part A; the State of the issuing State shall: Assignment is binding subject to § 84 (2) (3) (3);

5.

if the enforceability of the penalty, which relates to an act subject to the scope of Austrian criminal law, is statute-barred under Austrian law;

6.

an amnesty or a pardon has been granted to the convicted person in the territory of the country or in the issuing State;

7.

in so far as the supervision of the probation measure or the alternative sanction against provisions on immunity would be infringed;

8.

if the act on which the decision is based was committed by a person who, according to Austrian law, was at the time of the offence at the time of the offence;

9.

if the decision has been taken in the absence of the convicted person, unless it is clear from the certificate that it is in accordance with the procedural rules of the issuing State

a)

in the timely manner, by personal summons or in any other way from the time and place of the hearing which led to the decision, has actually become aware and has been informed that the decision may be taken in his absence; or

b)

having regard to the trial in question, a defender, himself elected or appointed by the court, has been entrusted with his representation in the trial and has actually been represented at the trial; or

c)

After notification of the decision taken in absentia and after notification of the right to seek the re-conduct of the trial or to take an appeal, and in this way to re-examine the facts, including the consideration of new evidence, in its presence and a lifting of the decision to be reached,

aa)

was expressly declared not to apply for a re-implementation of the trial or to take any legal action; or

bb)

no application of the trial has been requested or an appeal has not been taken within the existing time limits;

10.

if the probation measure includes a medical-therapeutic measure which cannot be monitored also taking into account the possibility of adaptation in Austria provided for in § 87;

11.

if the duration of the probation measure or alternative sanction is less than six months;

12.

if there is objective evidence that the decision has been taken in breach of fundamental rights or fundamental principles of law within the meaning of Article 6 of the Treaty on European Union, in particular the decision on the the convicted person has been punished for reasons of his sex, race, religion, ethnic origin, nationality, language, political convictions or sexual orientation, and the convicted person shall not be able to: , this fact before the European Court of Human Rights , or before the Court of Justice of the European Union.

(2) If the convicted person has no residence or permanent residence, the surveillance may nevertheless be approved by the competent authority of the issuing State at the request of the competent authority of the issuing State if, on the basis of certain circumstances, the relationship between the Convicted to Austria of such intensity that it is assumed that domestic surveillance serves to facilitate the resocialisation and reintegration of the convicted into society.

(3) In the cases referred to in paragraph 1 Z 4, the surveillance may be carried out after the receipt of the agreement with the competent authority of the issuing State, with the express refusal of the assumption of responsibility for decisions pursuant to section 90 (1) Z 2 to 4 However, it will be

(4) In levies, tax, customs and monetary matters, supervision must not be refused on the grounds that Austrian law does not impose similar charges or taxes or does not impose similar duties, taxes, duties, taxes, duties, taxes, taxes, charges, taxes, charges, taxes, charges, taxes, charges, taxes, charges, etc. Customs and monetary provisions are the same as the law of the issuing State.

Responsibility

§ 83. (1) The Regional Court shall be responsible for the decision on the supervision of probation measures and alternative sanctions and for subsequent decisions. If the extent of the custodial sentence to be executed in the event of a subsequent decision pursuant to Section 90 (1) Z 2 to 4 or the preventive measure associated with deprivation of liberty is at least five years, the Regional Court shall decide as Senate of three judges (Section 31 (6) of the StPO).

(2) The local jurisdiction shall be governed by the place in which the convicted person has his residence or permanent residence, in the cases referred to in Article 82 (2), after the place where the special ties of the convicted person are established.

(3) Where the court which has been referred to the monitoring is not competent, it shall issue the case to the competent court and shall inform the competent authority of the issuing State thereof.

Procedure

§ 84. (1) The surveillance shall require that the domestic court

1.

the judgment to be supervised or the other decision; and

2.

the certificate signed by the competent authority ( Annex X ) and, unless the issuing State has made the declaration, to accept certificates as a executing State in German as well (Section 95 (4) (2)), the translation of which shall be translated into the German language.

shall be forwarded.

(2) If

1.

the certificate has not been transmitted, is incomplete in substance or manifestly contradicts the judgment or the decision;

2.

there are indications that one of the reasons cited in § 82 (1) (1) to (3) and (9) to (12) for the inadmissibility of surveillance is available; or

3.

the legal assessment as a criminal offence referred to in Annex I, Part A, is manifestly flawed, or the convicted person has raised reasonable objections,

the competent authority of the issuing State shall, within a reasonable time limit to be determined, request the issuing, completion or supplementary information to be accompanied by the notification that, in the event of a fruitless expiry of the period, the monitoring subject to a procedure pursuant to Article 82 (3), shall be wholly or partly refused.

(3) In the event of such a request, the court shall immediately after receipt of the decision, including the certificate, the competent authority of the issuing State Annex X the maximum duration of the custodial sentence or the preventive measure associated with deprivation of liberty which, under Austrian law, in the event of an offence against the suspensory measure, on the basis of the offence referred to in the judgment may be brought to the attention of the Member State.

(4) § 14 (1) to (5) shall apply mutatily to the business route.

(5) The convicted person is to be heard on the conditions of supervision (§ 81) and on the measures to be taken domestily.

(6) The competent authority of the issuing State may be consulted at any time in order to obtain information for the purpose of verifying the identity and place of residence of the convicted person, or to ensure the smooth and efficient implementation of the surveillance. shall be facilitated.

Decision

§ 85. (1) The decision to take over the surveillance shall be taken by decision. The decision shall have the name of the authority whose decision is to be monitored, its file number, a brief description of the facts, including the place and time of the act and the probation measure arranged, the name of the offence. the act and the legislation applied in the issuing State. In addition, the type of national decision taken in accordance with the decision taken and the measures to be taken in the home country, as well as, where appropriate, the duration of the probation measure and the probation period must be determined. (§ 87).

(2) The Public Prosecutor's Office and the decision to be taken by the decision shall be open to the Oberlandesgericht (Oberlandesgericht) within 14 days against the decision. A complaint lodged in good time shall have suspensive effect.

(3) In accordance with the legal force of the decision, the measures necessary for the supervision of the probation measure shall be taken without delay.

Impact of the monitoring of surveillance

§ 86. Once the monitoring has been carried out, the further measures shall be governed by Austrian law, subject to the regulation of § 91. The supervision of the probation measure pursuant to § 81 (2) Z 8 shall be carried out in such a way that the convicted person is applied, proof of the equivalent of the obligation to provide financial compensation for the damage caused by the act. .

Adjustment of the suspensing measures

§ 87. (1) If the nature or duration of the probation measure or alternative sanction or the duration of the probative period is not compatible with Austrian law, it shall be adapted by the court of law to the type or duration provided for by Austrian law.

(2) The adapted probation measure and its duration, as well as the duration of the adjusted probative period, shall have as far as possible the probation measure or alternative sanction arranged in the issuing State and its duration as well as the duration of the original shall be in accordance with the test period. If the duration of the probation measure or the probative period arranged in the issuing State exceeds the maximum period laid down by Austrian law, it shall be fixed in accordance with the maximum period laid down by Austrian law.

(3) The adjusted probation measure or duration of the probative period shall not be more stringent or longer than the probation measure or alternative sanction arranged in the issuing State or the probative period established in that State.

Deadlines

§ 88. (1) Subject to the regulation of § 89 within 60 days of the date of receipt of the decision, the monitoring shall be carried out after the date of receipt of the decision and the certificate Annex X in the case of the competent court.

(2) If the time limit referred to in paragraph 1 cannot be complied with in individual cases, the competent authority of the issuing State shall be in any way, indicating the reasons and the probable duration until a final date has been reached. Decision to be notified.

Postponing the decision

§ 89. The decision to take over the surveillance shall be postpone

1.

until such time as the certificate has been submitted or completed;

2.

until the supplementary information sought by the competent authority of the issuing State has been received.

Follow-up decisions in Germany

§ 90. (1) The Court of First Instance shall, subject to the provisions of Section 91, take all follow-up decisions relating to the supervision of a probation measure, in particular:

1.

the modification of the probation measure or alternative sanction or the extension of the duration of the probative period;

2.

the revocation of conditional penal leniation;

3.

the revocation of conditional dismissal; and

4.

the ex-post exclaim of a custodial sentence or a preventive measure associated with deprivation of liberty (in the case of a guilty verdict, subject to the penalty).

(2) The competent authority of the issuing State shall be informed of the decisions referred to in paragraph 1 above.

Retransmission and follow-up decisions in the issuing State

§ 91. (1) In the case of Section 82 (1) (4) and (3) and in the event that the judgment in which an alternative sanction was imposed does not provide for a custodial sentence or preventive measure associated with deprivation of liberty, which shall be the case in the event of a breach of In such cases, the Court of First Instance deems a subsequent decision pursuant to section 90 (1), (2), (3) or (4) necessary, to transfer the monitoring back to the competent authority of the issuing State, provided that a proceeding in the appropriate application of § 15 and 16 of the JGG is not considered.

(2) In the cases referred to in paragraph 1, the court has to inform the competent authority of the issuing State without delay in the manner provided for in Article 14 (3), and the relevant notification shall be made using the standard form in accordance with Article 14 (3). Annex XI shall be:

1.

any violation of the convicted person against the probation measure;

2.

of any decision likely to result in the revocation of conditional punitiy or conditional dismissal;

3.

of any decision likely to result in the imposition of a custodial sentence or a preventive measure related to deprivation of liberty; and

4.

of any other circumstances which are relevant to the competent authority of the issuing State for the follow-up decisions.

(3) A retransmission of the surveillance to the competent authority of the issuing State shall also be carried out,

1.

if the convicted person flees, does not have a domiate or permanent residence in the country or has no ties within the meaning of Article 82 (2) of this Regulation;

2.

on the request of the competent authority of the issuing State in the event that a new criminal procedure is pending against the convicted person in that State.

Understanding of the issuing State in all cases

§ 92. The Court of First Instance shall immediately inform the competent authority of the issuing State in the manner provided for in Article 14 (3) thereof.

1.

from the forwarding of the decision together with the certificate Annex X to the competent authority for the supervision of the probation measure or alternative sanction;

2.

from the impossibility of supervision of the probation measure or alternative sanction for inconspicuity of the convicted domesticly after the decision has been sent, together with the certificate, after the decision has been forwarded Annex X . In this case there is no obligation to monitor;

3.

from the final decision to take over the surveillance;

4.

the decision on the inadmissibility of the surveillance, giving the reasons;

5.

from the decision on the adjustment of the probation measure or alternative sanction, stating the reasons;

6.

an amnesty or a pardon granted to the convicted;

7.

from the observance of the probation measure or alternative sanction.

Resumption of proceedings

§ 93. The issuing State shall decide on requests for the resumption of the procedure on which the decision is based.

Cost

§ 94. For the costs incurred as a result of the monitoring of a foreign probation measure or alternative sanction, a cost substitute cannot be sought by the issuing State.

Second subsection

Impact of surveillance in another Member State

Referral to another Member State

§ 95. (1) Where there is reason to request a Member State to monitor a decision on which one or more suspensing measures are based, on the grounds that the convicted person has his or her permanent residence or permanent residence in that State and is already in a position to In the first instance, the Court of First Instance first of all recognized the public prosecutor's office and heard the convicted person.

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

1.

Issuing instructions in accordance with § 51 (1) and (2) of the StGB;

2.

Arrangement of the probation aid in accordance with § 52 StGB;

3.

Judicial oversight of sex offenders according to § 52a StGB;

4.

the adoption of a health-related measure according to § 39 SMG;

5.

Grant of the instruction, a treatment of deforestation, a psychotherapeutic or a medical treatment, or to undergo medical follow-up care (§ § 52 para. 3 StGB, 179a StVG); and

6.

Non-profit-making services according to § § 3, 3a StVG.

(3) The conditions under which the Member States, at the request of the convicted person, shall, at the request of the convicted person, be prepared for surveillance, irrespective of the absence of residence or permanent residence of the convicted person in the executing State , the Federal Minister for Justice has to be leaned by regulation.

(4) The Court of First Instance shall have the competent authority of the executing State

1.

the decision to be monitored, together with the translation, provided that such a decision has already been made for the convicted person in the domestic proceedings; and

2.

a completed and signed certificate ( Annex X ) and, where the executing State has not declared, to accept certificates also in German, the translation of which shall be translated into an official language of the executing State or into another language accepted by that State

shall be transmitted. By means of a regulation, the Federal Minister for Justice has to be able to understand which Member States accept which official languages.

(5) If a guilty verdict has been pronounced in the decision subject to the penalty (§ 13 of the JGG), the court has to inform the competent authority of the executing State of a notice of the maximum duration of the term of imprisonment or with a notice of the sentence of the sentence. Request for deprivation of liberty related preventive measures, which may be imposed under the law of the executing State on the grounds of the offence of the decision in the event of a breach of the probation measure.

(6) § 14 (1) to (5) shall apply mutatily to the commercial transactions. If the decision and the certificate have not been sent by post, the competent authority of the executing State shall, at its request, be issued a copy or a certified copy of the decision, as well as the original of the Certificate attestation by post.

(7) The simultaneous referral of another Member State with the surveillance is inadmissible.

Withdrawal of the certificate

§ 96. The court may, at the latest within ten days after the date of receipt of the notification requested pursuant to § 95 (5) or the Adaptation Decision, for as long as the surveillance in the executing State has not yet commenced, in the event that it has been -adjusted probation measure, or the preventive measure taken in the event of a breach of the probation measure in accordance with the law of the executing State, the maximum permissible duration of the custodial sentence or the deprivation of liberty in relation to the custodial sentence to be served under Austrian law, or , the competent authority of the executing State shall inform the competent authority of the executing State that the certificate is being withdrawn.

Impact of the monitoring of surveillance

§ 97. After the execution of the monitoring by the executing State, the further measures shall be governed by the law of the executing State, subject to the provisions of Section 98.

Back-transfer of monitoring

§ 98. If the competent authority of the executing State transfers the surveillance to the national court for the reasons set out in § 91 (1) and (3), it shall again be responsible for monitoring the surveillance, taking into account the duration and the degree of Compliance with the probation measure by the convicted person in the executing State and any decision taken in that State shall be taken into account in accordance with Section 90 (1) Z 1. The same shall apply in the event of withdrawal of the certificate pursuant to § 96.

Understanding of the executing State after retransmission

§ 99. If the court has been transferred back to the court (Section 98), it has to inform the competent authority of the executing State without delay in the manner provided for in Article 14 (3) of this Directive.

1.

the revocation of conditional penal or conditional dismissal;

2.

the decision on the execution of the term of imprisonment or deprivation of liberty in the judgment;

3.

from the ex-post penalty in the case of a guilty verdict, subject to the penalty;

4.

from the observance of the probation measure.

Second section

Monitoring of decisions on the use of funds

First subsection

Monitoring decisions of other Member States

Requirements

§ 100. (1) In the course of criminal proceedings pending in another Member State against a natural person who has his residence or permanent residence in the country and who has agreed to return to Austria in accordance with legal instruction, a The judicial authority or any other authority competent to take such decisions in accordance with the law of that Member State shall take a decision on the application of such funds and shall, in accordance with the request of the issuing State, request the following: to ensure and monitor the provisions of this section within the country; the person concerned corresponds to the order. Decisions relating to the issuing of an arrest warrant or the release of any other enforceable decision with the same legal effect must have been taken by a judicial authority.

(2) For the purposes of paragraph 1, more funds shall be:

1.

the obligation of the person concerned to make known any change of residence;

2.

Obligation not to enter certain places, places or designated areas;

3.

an obligation to reside in a particular place, where appropriate at certain times;

4.

Restriction of the right to leave the territory of the executing State;

5.

an obligation to report to a particular authority at certain times;

6.

an obligation to avoid contact with certain persons related to the offence or offences committed or to which the burden of the offence is charged;

7.

commitment to the performance of a security;

8.

an obligation to undergo a deforestation treatment or otherwise medical treatment, provided that the person concerned agrees to this measure;

9.

the temporary acceptance of motor vehicle documents;

10.

provisional probation aid, provided that the person concerned agrees to this measure.

(3) The Federal Minister for Justice shall have the competent authorities of the Member States which are not judicial authorities responsible for decisions under this Section to be leaned by regulation.

Inadmissibility of surveillance

§ 101. (1) The monitoring of the amounts of money applied in another Member State is inadmissible.

1.

if the person concerned does not have his residence or permanent residence at home;

2.

if the decision is not based on any of the funds referred to in Article 100 (2);

3.

where, in respect of the act underlying the decision, the person concerned has received a final decision in the territory of the country or a final decision which has already been fined in another State;

4.

if the act on which the decision is based is not punishable by law under Austrian law, unless the deed is assigned to one of the categories of criminal offences listed in Annex I, Part A; the State of the issuing State shall: Assignment is binding subject to § 103 (2) (3) (3);

5.

if the criminal offence of the act, which is subject to the scope of Austrian criminal law, is statute-barred under Austrian law;

6.

in so far as surveillance against provisions on immunity would be infringed;

7.

if, at the time of the act on which the decision on the application of the funds is based, the person concerned has been subject to a criminal offence under Austrian law;

8.

if, in the event of a breach of the applied funds, the execution of a European arrest warrant would have to be refused;

9.

if there is objective evidence that the decision on the application of the funds has been made in breach of fundamental rights or of fundamental legal principles within the meaning of Article 6 of the Treaty on European Union , in particular the decision in question for the purpose of punishing the convicted person on grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinion or sexual orientation , and the person concerned was not able to do so before the the competent authorities of the issuing State, before the European Court of Human Rights or before the Court of Justice of the European Union.

(2) If the person concerned has no residence or permanent residence in the country, the monitoring may, at the request of the person concerned, be approved by the competent authority of the issuing State at the request of the person concerned, if, on the basis of certain The circumstances of the person concerned in Austria are of such intensity that it is to be assumed that the surveillance in the country serves to facilitate the resocialisation and reintegration of the person concerned into society.

(3) In the cases referred to in paragraph 1 (8), the surveillance may be carried out after receiving the agreement with the competent authority of the issuing State, with the express reference to the fact that, in the event of a breach of the applicable law, the person concerned shall be subject to the It would be necessary to refuse the execution of a European Arrest Warrant, but it should nevertheless be accepted.

(4) In levies, tax, customs and monetary matters, supervision must not be refused on the grounds that Austrian law does not impose similar charges or taxes or does not impose similar duties, taxes, duties, taxes, duties, taxes, taxes, charges, taxes, charges, taxes, charges, taxes, charges, taxes, charges, etc. Customs and monetary provisions are as laid down in the law of the issuing State.

Responsibility

§ 102. (1) The Regional Court is competent to decide on the monitoring of a decision on the application of the money-inderer.

(2) The local jurisdiction shall be determined by the place where the person concerned has his residence or permanent residence, in the cases referred to in Article 101 (2), after the place where the special ties of the person concerned exist.

(3) Where the court which has been referred to the monitoring is not competent, it shall issue the case to the competent court and shall inform the competent authority of the issuing State thereof.

Procedure

§ 103. (1) Monitoring shall require the national court to decide on the application of the funds to be monitored and the certificate (s) signed by the competent authority ( Annex XII ) and, unless the issuing State has made the declaration, to accept as a executing State certificates also in German language (Section 115 (3) (2)), the translation of which shall be sent to the German language.

(2) If

1.

the certificate has not been transmitted, is incomplete in substantial parts or appears to be contrary to the decision on supervision measures;

2.

there are indications that one of the reasons given in § 101 (1) (1) (1) to (3) and (9) for the inadmissibility of surveillance is available; or

3.

the legal assessment as a criminal offence referred to in Annex I, Part A, is manifestly flawed, or the person concerned has raised reasonable objections,

, the competent authority of the issuing State shall, within a reasonable time limit to be determined, request that the competent authority of the issuing State be submitted, completed or supplementary, with the indication that, in the event of a fruitless expiry of the period, the monitoring shall be subject to: a procedure pursuant to section 101 (3) is to be wholly or partly refused.

(3) § 14 (1) to (5) shall apply mutatily to the business route.

(4) The person concerned must be heard on the conditions of supervision (§ 100) and on the measures to be taken domestily.

(5) The competent authority of the issuing State may be consulted at any time in order to obtain information for the purpose of verifying the identity and place of residence of the person concerned, or to ensure the smooth and efficient conduct of the monitoring otherwise. .

Decision

§ 104. (1) The decision to take over the surveillance shall be taken by decision. The decision shall have the name of the authority whose decision is to be monitored, its reference number, a brief description of the facts, including the place and time of the act on which the decision is based, and of the more applied, by means of containing the name of the offence to which the person concerned has been accused and the legislation of the issuing State applied. In addition, it is necessary to say what measures are to be taken domestiy.

(2) The Public Prosecutor's Office and the person concerned shall be open to the Oberlandesgericht (Oberlandesgericht) within 14 days against the decision. A complaint lodged in good time shall have suspensive effect.

(3) In accordance with the legal force of the decision, the measures necessary for the monitoring of the substance to be monitored shall be immediately taken.

Impact of the monitoring of surveillance

§ 105. Once the monitoring has been carried out, the further measures shall be governed by Austrian law, subject to the regulation of § 109. The monitoring of the money according to § 100 para. 2 Z 7 is carried out in such a way that the person concerned is applied to provide proof of the safety performance that has taken place.

Adjustment of the funds

§ 106. (1) Where the nature of the applied substance is not compatible with Austrian law, it shall be adapted by the court to the funds provided for in accordance with Austrian law.

(2) The more appropriate, more effective means shall be as far as possible to correspond to the money allocated in the issuing State. It must not be more serious than the more money available in the issuing State.

Deadlines

§ 107. (1) The Court of First Instance shall, subject to the provisions of Section 108, decide within 20 working days of the date on which the decision is taken, on the date on which the decision, together with the certificate, shall be issued after: Annex XII . In the event of a complaint pursuant to section 104 (2), this period shall be extended by a further 20 working days.

(2) Where the time limit referred to in paragraph 1 cannot be complied with in individual cases, the competent authority of the issuing State shall, in any manner, including the reasons and the probable duration until a final date is reached, the competent authority of the issuing State shall be Decision to be notified.

Postponing the decision

§ 108. The decision to take over the surveillance shall be postpone until the end of a reasonable period to be set by the competent authority of the issuing State.

1.

until such time as the certificate has been submitted or completed;

2.

until the supplementary information sought by the competent authority of the issuing State has been received.

Responsibility for follow-up decisions

§ 109. 1. The competent authority of the issuing State shall be responsible for all follow-up decisions in connection with a decision on the application of the money-inderer. These follow-up decisions shall include in particular:

1.

the renewal, review and repeal or amendment of the decision on the order of money;

2.

the change in the amount of money; and

3.

the issuing of an arrest warrant or the release of any other enforceable decision with the same legal effect.

(2) In the event of a change in the amounts of money referred to in paragraph 1 (2), the national court shall:

1.

adapt the amended amounts, if they are not compatible with Austrian law (§ 106); or

2.

to refuse to monitor the amended funds if they are not covered by the funds referred to in Article 100 (2).

Requests for information

§ 110. During surveillance, the Court of First Instance may at any time request the competent authority of the issuing State whether the monitoring should be continued in the light of the circumstances of the case.

Understanding of the issuing State

§ 111. The Court of First Instance shall immediately inform the competent authority of the issuing State in the manner provided for in Article 14 (3) thereof.

1.

from the forwarding of the decision on the arrangement of the funds, together with the certificate, Annex XII to the authority responsible for monitoring;

2.

the impossibility of monitoring for the inconspicuity of the person concerned in the country following the transmission of the decision together with the certificate after the decision has been taken Annex XII . In this case there is no obligation to monitor;

3.

the fact that a complaint has been lodged against the decision pursuant to Section 104 (1);

4.

from the final decision to take over the surveillance;

5.

the decision on the inadmissibility of the surveillance, giving the reasons;

6.

the decision on the adjustment of the funds, giving the reasons for the decision;

7.

from any change of residence of the person concerned;

8.

any breach of the applicable law and any other circumstances which may result in a decision pursuant to section 109 (1), with the communication using the form in accordance with Annex XIII ,

9.

the decision to terminate the surveillance pursuant to § 112 (2), (3) or (4).

Unanswered comprehension and termination of surveillance

§ 112. (1) If the court has sent at least two notifications pursuant to Section 111 Z 8 to the competent authority of the issuing State without the latter having taken a decision in accordance with Article 109 (1), that authority shall be required to request that the competent authority of the issuing State be placed within a an appropriate period of time to take such a decision.

(2) Where no decision is taken by the competent authority of the issuing State within that period, the monitoring shall be terminated.

(3) After six months after the monitoring has been carried out, the competent authority of the issuing State shall be requested to confirm the need to continue the monitoring, with a reasonable period of time being set. At any rate, after two years after the monitoring has been carried out, it must be completed.

(4) The competent authority of the issuing State does not respond to a request made pursuant to paragraph 3, nor to any further request, indicating that the monitoring will be terminated after the deadline has expired, and no such request will be made. Reaction, so the monitoring is to be ended.

(5) In addition to the cases referred to in para. 2 to 4, the monitoring shall be terminated if the competent authority of the issuing State has withdrawn the certificate (§ 116).

Transfer of the person concerned

§ 113. If the competent authority of the issuing State has issued an arrest warrant or any other enforceable decision having the same legal effect, the competent authority of the issuing State shall be the issuing State in accordance with the provisions of the Second and third sections of the II. Main item to be submitted.

Cost

§ 114. For the costs incurred by the monitoring of a foreign decision on the application of the funds, a cost replacement cannot be sought from the issuing State.

Second subsection

Impact of surveillance in another Member State

Referral to another Member State

§ 115. (1) If there is reason to monitor a decision on the application of one or more of the funds referred to in Article 100 (2) to another Member State pursuant to Section 173 (5) of the StPO or, if the executing State is also responsible for monitoring, the Member State concerned, has accepted other funds to request such funds because the person concerned has his or her permanent residence or permanent residence in that State and has agreed to return to that State, having regard to the application of the In the first instance, the Court of First Instance has informed the Court of First Instance of the amount of money which has been notified. has the opportunity to give the public prosecutor's office the opportunity to submit comments and listen to the person concerned.

(2) The Federal Minister for Justice has to be leaned by regulation

1.

the conditions under which the Member States, at the request of the person concerned, are ready for surveillance, at the request of the person concerned, irrespective of the absence of a place of residence or permanent residence of the person concerned in the executing State;

2.

Which Member States accept the monitoring of other funds other than those referred to in Article 100 (2).

(3) The court shall have the competent authority of the executing State

1.

the decision to be monitored, together with the translation, provided that such a decision has already been made for the person concerned in the domestic procedure; and

2.

a completed and signed certificate ( Annex XII ) and, where the executing State has not declared, to accept certificates also in German, the translation of which shall be translated into an official language of the executing State or into another language accepted by that State

shall be transmitted. By means of a regulation, the Federal Minister for Justice has to be able to understand which Member States accept which official languages.

(4) § 14 (1) to (5) shall apply mutatily to the commercial transactions. If the decision and the certificate have not been sent by post, the competent authority of the executing State shall, at its request, be issued a copy or a certified copy of the decision, as well as the original of the Certificate attestation by post.

(5) The simultaneous referral of another Member State with the surveillance is inadmissible.

Withdrawal of the certificate

§ 116. No later than 10 days after the date of the adjustment decision or a notification by the competent authority of the executing State for the maximum period of time for the surveillance, and as long as the surveillance is carried out in the In the event that it has not yet begun, the Court of First Instance may, in the event that it does not deem it appropriate to have the adjusted, more effective means or the maximum period during which the monitoring may be carried out, the Court of First Instance may not consider appropriate: , the competent authority of the executing State shall inform the competent authority of the executing State that the certificate is withdrawn. The same applies in the case of the receipt of a notification in accordance with § 101 (3).

Request for continued monitoring

§ 117. At the end of the maximum period for monitoring notified by the competent authority of the executing State, the Court may request that authority to monitor for a further period of time known by the Court of Justice if it considers this to be necessary in view of the circumstances of the case.

Decision on follow-up

§ 118. Upon receipt of a notification in accordance with § 111 Z 8 as well as on the basis of a request in accordance with § 110, it is to be examined whether there is a reason for the settlement of a decision pursuant to § 109 para. 1. In so doing, any information submitted by the competent authority of the executing State shall be taken into account in the light of the risk that may arise from the person concerned to the victim and to the general public.

Impact of the monitoring of surveillance

§ 119. After the implementation of the supervision by the executing State, the further measures shall be governed by the law of the executing State, subject to the regulation of § 120.

Continuation of domestic surveillance

§ 120. (1) The continuation of domestic surveillance shall be permitted in the following cases:

1.

if the person concerned has moved his residence or permanent residence to a State other than that of the executing State;

2.

after withdrawal of the certificate in accordance with § 116;

3.

in cases in accordance with § 109 (2) (2) (2)

4.

at the end of the maximum period for monitoring notified by the competent authority of the executing State, provided that the request for a continuation of the surveillance is not complied with;

5.

after termination of the surveillance pursuant to § 112 para. 2, 3, or 4.

(2) In the cases referred to in paragraph 1, the competent authority of the issuing State shall be consulted in order to avoid any interruption of the surveillance as far as possible.

Understanding of the executing State

§ 121. The Court of First Instance shall immediately inform the competent authority of the executing State in the manner provided for in Article 14 (3) thereof.

1.

for which additional period of time the monitoring is deemed necessary, with the appropriate notification before the end of the maximum period for monitoring notified by the competent authority of the executing State;

2.

from any decision in accordance with Section 109 (1) and the sole consideration of an appeal against such a decision. "

52. In Section 124 (1), the turn-over " 6 and 7 and § § 24, " through the turn "§ § 24 and" replaced.

53. § 124 (5) second sentence reads:

" From this point on, the § § 39 to 42g i (i) the relationship with each Member State where appropriate arrangements for the enforcement of foreign custodial sentences and preventive measures related to the deprivation of liberty have entered into force, at the date of entry into force of the following: International agreements : "

54. In § 124 (7), the turn "40 Z 11" through the turn "40 Z 9" replaced.

55. In § 124, the following paragraph 12 is added:

" (12) § § 1 para. 1 Z 1 lit. e and f, 2 Z 2, Z 3, Z 3a, Z 7 lit. c, d, f and g as well as Z 11, 5a, 16a, 24 para. 4, 29 para. 2a, 41j Z 1, 42b, 42e para. 1 and 3, 42f para. 1, 45 para. 2, 47 para. 1 Z 3, 52, 52a para. 1 Z 9, 52b para. 2, 52c para. 2 Z 4 and para. 4, 52e para. 1 Z 3 and para. 3, 52f Z 2, 52i Z 6, 52l (3), 52m, 53 (3), 57a, 59a to 59c, 63, 64, 65 (2), 67, 68, 68a, 69, 70 (1) and (2), and § § 81 to 99 and 100 to 121 and the Annexes X to XIII in the version of the Federal Law BGBl. I N ° 175/2013 will enter into force on 1 August 2013.

(56) In accordance with Annex IX, the following Annexes X to XIV are added:

" Annex X

Form in accordance with Article 6 of Council Framework Decision 2008 /947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of suspensory measures and alternatives Penalties

[see the document "Anhang_X"]

Annex XI

Form in accordance with Article 17 of Council Framework Decision 2008 /947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of suspensory measures and alternatives Penalties

[see the document "Anhang_XI"]

Annex XII

Form referred to in Article 10 of Council Framework Decision 2009 /829/JHA on the application, between the Member States of the European Union, of the principle of mutual recognition to decisions on surveillance measures as an alternative to provisional detention

[see the document "Anhang_XII"]

Annex XIII

Form referred to in Article 19 of Council Framework Decision 2009 /829/JHA on the application, between the Member States of the European Union, of the principle of mutual recognition to decisions on surveillance measures as an alternative to provisional detention

[see the document "Anhang_XIII"]

Annex XIV

List of the minimum content of Eurojusts (Section 67 (3))

1.

For comprehension pursuant to § 67 paragraph 1 Z 1 (Joint Investigation Groups):

a)

Participating Member States,

b)

the nature of the offences in question,

c)

Date of agreement on the establishment of the Group,

d)

the probable duration of the work of the group, including change of this duration,

e)

Information on the head of the group for each participating Member State,

f)

a brief summary of the results of the joint investigation teams.

2.

For comprehension pursuant to § 67 paragraph 1 Z 2:

a)

identification of the person, association or body which is the subject of criminal investigations or criminal prosecution;

b)

member states concerned,

c)

the offence in question and its circumstances,

d)

Information on submitted requests for judicial cooperation, in particular in accordance with the provisions of this Federal Act, including:

i)

the date of the request,

ii)

Requesting or issuing authority,

iii)

requested or completed authority,

iv)

the nature of the request (measures required),

v)

whether the request has been carried out or not, if not, for what reasons.

3.

For comprehension according to § 67 paragraph 1 Z 3 (parallel procedure):

a)

Member States and competent authorities concerned,

b)

identification of the person, association or body which is the subject of criminal investigations or criminal prosecution;

c)

the offence in question and its circumstances.

4.

For comprehension pursuant to § 67 (1) Z 4 (controlled delivery):

a)

Member States and competent authorities concerned,

b)

identification of the person, association or body which is the subject of criminal investigations or criminal prosecution;

c)

Type of delivery,

d)

the nature of the offence in the context of which the controlled delivery is carried out.

5.

For comprehension pursuant to § 67 paragraph 1 Z 5 (refusals and difficulties):

a)

country of the requesting or issuing State;

b)

-supremtised or experienced State,

c)

Description of the difficulties. "

Article 2

Change of ARHG

The Federal Act of 4 December 1979 on extradition and mutual legal assistance in criminal matters (Extradition and Legal Assistance Act-ARHG), Federal Law Gazette (BGBl). No 529/1979, as last amended by the Federal Law BGBl. I No 134/2011, shall be amended as follows:

1. In § 29 (4), the second sentence is deleted.

2. In § 64 (1) and (2), in each case before the words "preventive measure" the words "with deprivation of liberty" inserted.

3. In § 64 (3), before the words "preventive measures" the words "with deprivation of liberty" inserted.

4. In § 64 (4), the turn ", a depletion of enrichment, a decay or a confiscation" through the turn "or an investment-law arrangement" replaced.

5. In § 64 (5), the words "a depletion of enrichment" by the word "decay" replaced.

6. In § 64 (6), the words "a decay" by the words "a confiscation" replaced.

7. In § 64 (7), the turn-of-the-turn "depleted sums of money," , and it will be after the word "Retracted" the words "and confiscated" inserted.

8. The following paragraph 8 is added to § 64:

"(8)" Property order " means confiscation (§ 19a StGB), decay (§ § 20, 20b German StGB), confiscation (§ 26 StGB) and any other penalty, preventive measure or legal consequence existing in the withdrawal of an asset or object, which after Implementation of a criminal prosecution procedure at home or abroad, with the exception of financial penalties, fines, victim compensation and procedural costs. "

9. In § 65 (1), in the first sentence, before the words "preventive measure" the words "with deprivation of liberty" , the second sentence is deleted.

10. In § 67, para. 1, in the first sentence, the following shall be added after the word: "Punishment" by the words "or the deprivation of liberty" replaced, and the words "or depletion of enrichment" In the last sentence, the words "the decay or the confiscation" by the words "an asset-law arrangement" replaced.

11. In § 67 (3) and (5), in each case before the words "preventive measure" the words "with deprivation of liberty" inserted.

12. In § 76 (1), before the words "preventive measure" the words "with deprivation of liberty" inserted, the turn "a depletion of enrichment" is going through the turn "an asset-law arrangement" , and before the turn "in first instance" the word "last" inserted.

13. In § 76 (2) and (3), in each case before the words "preventive measure" the words "a deprivation of liberty" inserted.

14. In § 76 (4), the turn shall be "a depletion of enrichment" through the turn "an asset-law arrangement" replaced.

15. In § 76 (5), in the second sentence, before the words "preventive measure" the words "with deprivation of liberty" inserted.

Article 3

Amendment of the Housing Reconstruction Act

The Housing Reconstruction Act, BGBl. N ° 130/1948, as last amended by BGBl. I n ° 111/2010, is amended as follows:

1. § § 25 and 26 as well as Article XII are deleted.

2. In § 34 (1) the reference is deleted "25, 26,".

(3) The following paragraph 4 is added to section 34a:

" (4) § § 25 and 26 as well as Art. XII in der bis zum Bundesgesetz BGBl. I No 175/2013 will be repeal with effect from 1 August 2013. Section 34 (1) of the BGBl version. I N ° 175/2013 will enter into force on 1 August 2013.

Article 4

entry into force

Article 2 of this Federal Act shall enter into force on 1 August 2013.

Fischer

Faymann