Financial Criminal Law Amendment To 2013 - Finstrg Amendment To 2013

Original Language Title: Finanzstrafgesetz-Novelle 2013 – FinStrG-Novelle 2013

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155. Federal Law amending the Law on Financial Criminal Law (Financial Criminal Law-Novelle 2013-FinStrG-Novelle 2013)

The National Council has decided:

Article 1

Reference to the implementation of policies

(1) In accordance with § § 57 (4) and (4a), 84 (5) and 127 (1) of this Federal Law, Directive 2010 /64/EU on the right to interpretation and translation in criminal proceedings, OJ L 136, 31.5.2010, p. No. OJ L 280 of 26.10.2010 p. 1.

(2) In accordance with § § 57 (3) and 85 (3a) of this Federal Act, Directive 2012/13/EU on the right to information and information in criminal proceedings, OJ L 206, 22.7.2010, p. No. OJ L 142, 01.06.2012 p. 1.

Article 2

Amendment of the Financial Criminal Law

The Financial Criminal Law (BGBl. No 129/1958), as last amended by BGBl. I No 70/2013 is amended as follows:

(1) In § 57 (3), the following sentence shall be inserted after the second sentence:

"The same shall apply if, due to circumstances arising in the course of the investigation procedure, a change in the facts of the offence results."

Section 57 (4) reads as follows:

In so far as it is necessary in the interests of a fair trial and the safeguarding of the rights of the defence of an accused person who cannot agree sufficiently in the language of the proceedings, he shall be given oral translation assistance by means of an apportion of an interpreter, in particular in the case of legal instruction, for the taking of evidence in which the accused participates, and for negotiations. If the accused is deaf, highly audible or mute, then an interpreter for sign language is to be included, provided that the accused person is able to communicate in the person who is responsible for the sign language. The head of the official act decides on the necessity of a translation aid. A separate legal remedy is not admissible against the non-provision of translation assistance. In the case of an appeal against the criminal decision, the quality of the translation assistance may also be affected by deficiencies which impair the rights of the defence, unless this has been remedied in the proceedings. "

3. In accordance with § 57 (4), the following paragraph 4a is added:

" (4a) If translation assistance is to be provided in accordance with paragraph 4, it shall apply in proceedings in which the conduct of the oral proceedings and the settlement of the recognition pursuant to Section 58 (2) of the Spruchsenat is incumbable, and also in the appeal proceedings. The following:

a)

Oral translation assistance shall also be provided for the contact of the accused person with his defender, provided that this is necessary in the interest of an appropriate defence. For this purpose, an interpreter shall be made available at the request in direct connection with an oral hearing or other official act in which the accused person participates in the act of providing an interpreter at the place of the act of the office. A request shall be submitted no later than one week before the beginning of the official act.

b)

Documents essential to the defence shall be translated in writing within a reasonable period of time. In any event, the arrest warrant, the imposition of the pre-trial detention, the opinion of the official representative, the written copy of the non-legally binding knowledge and an object to be found in the defence are considered essential for the defence. Recognition of the legal remedies raised by the Office of the Office. In so far as it does not object to the interests referred to in paragraph 4, the written translation may also be carried out by means of a mere representation, by oral translation or, if the accused is represented by a defender, by the oral summary shall be replaced. At the request of the accused person, he shall be translated in writing, in so far as the necessity for a translation within the meaning of paragraph 4 is justified or obvious, in writing. A surrender of the accused to written translation is only permissible if he was previously informed of his right and the consequences of the waiver. Instruction and renunciation must be recorded in writing. "

4. § 84 (5) reads:

"(5) The hearing shall be accompanied by an interpreter in accordance with Section 57 (4) if the accused or a side-participant of the negotiating language is not sufficiently familiar, deaf, highly audible or mute."

5. In accordance with Section 85 (3), the following paragraph 3a is inserted:

" (3a) The accused is immediately or immediately after his arrest in writing in a language and manner comprehensible to him about his rights (§ § 57 (3) and 85 (4) and (6)) and to inform him that he is entitled to complain against the order of arrest and to apply for his release at any time, and to obtain access to medical care (§ § 66 to 74 StVG). If the written instruction is not available in a language that the accused understands, he is to instruct orally under the relationship of an interpreter and to give him the written translation. A file note shall be entered on the issue of the instruction. "

6. In § 127 (1) the second sentence reads as follows:

" The oral proceedings shall be a written guide and if the accused or a side-party of the negotiating language is not sufficiently competent, deaf, highly audible or mute, to join an interpreter in accordance with § 57 (4).

7. The previous § 136 receives the sales designation "(1)" .

(8) the following paragraph 2 is added to § 136:

" (2) In the proceedings before the Spruchsenat, the latter may declare that, in the case of a custodial sentence imposed in accordance with Section 15 (3), a holding in the electronically supervised house arrest (§ 156b StVG) shall be held in full or for a term of imprisonment. shall not be taken into consideration when, on the basis of certain facts, it is to be assumed that such a holding will not be sufficient to prevent the punishable offences from being punished or, exceptionally, the execution of the A punishment in an institution is required in order to prevent the commission from committing criminal acts by others work. In particular, the nature of the act, the person of the perpetrator, the degree of his guilt, his prelife and his conduct must be taken into account after the act. "

9. The following sentence shall be added to section 175 (2):

" If the performance cannot be carried out because the punishable offence or his/her stay is unknown, the financial prosecution authority shall have the power to arrange for an apportion of property and persons to be arrested. The financial penalty authorities shall provide the necessary data from the central information collection held by the security authorities. "

10. The following paragraph 3 is added to § 179:

" (3) The enforcement of a substitute custodial sentence shall not be required if the penal benefit is provided for non-profit-making services (§ 3a StVG). He must be informed about this in the call for criminal charges, and the extent of the non-profit-making services to be provided should also be communicated to him. A copy of this communication may also be an experienced person in the social work (§ 29b of the probation aid act, BGBl. No 146/1969). § 3a (1) to (4) of the StVG and Section 29b of the Law on Enforcement of Probation are to be applied mutatis mutudly to the effect that, in place of the court, the financial criminal authority shall enter the place of the court. The provision of non-profit-making services shall only be carried out at the request of the punished person. "

11. In accordance with § 265 (1t), the following paragraph 1u shall be inserted:

" (1u) A declaration concerning the willingness to provide non-profit-making services before the entry into force of § 179 (3) FinStrG was published in the version BGBl. No 155/2013 as compared to the financial authority, the monthly period in accordance with Section 3a (2) of the StVG shall begin to reach an agreement with an appropriate institution only after the contact with an intermediary pursuant to Section 3a (1) of the StVG, at the latest, however, with the entry into force of this Federal Act.

Fischer

Faymann