Financial Criminal Law Amendment To 2013 - Finstrg Amendment To 2013

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

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996271/finanzstrafgesetz-novelle-2013--finstrg-novelle-2013.html

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155. Federal law that modifies the financial Penal Code (2013 - the financial Penal Code amendment FinStrG amendment to 2013)

The National Council has decided:

Article 1

Note on the implementation of directives

(1) with the § 57 par. 4 and 4a, 84 para of 5 and 127 par. 1 of the Federal Act, the directive is 2010/64/EC on the right to interpretation and translation in criminal proceedings, OJ No. L 280 of the 26.10.2010 p.1, implemented.

(2) with the articles 57, paragraph 3, and 85, paragraph 3a of this federal law will be the 2012/13/EU directive the right to instruction and information in criminal proceedings, OJ No. L 142 of 01.06.2012 S. 1, implemented.

Article 2

Change of financial criminal law

The financial Penal Code (Federal Law Gazette No. 129/1958), last amended by Federal Law Gazette I no. 70/2013 is amended as follows:

1 in § 57 para. 3, the following sentence is inserted after the second sentence:

"The same applies, if a change of the suspicion of crime resulting from circumstances protruding in the course of the investigation."

2. paragraph 57 par. 4:

(4) as far as it is necessary in the interests of a fair trial and the rights of the defence of an accused person, who can communicate in the language of the proceedings cannot be sufficiently, is by providing an interpreter to him provide oral translation assistance; This applies in particular to the legal notice, evidence that the accused takes part, and negotiations. The accused is deaf, highly hearing impaired or mute, a sign language interpreter is to consult, if can communicate the suspect in this. The head of the official act decides about the necessity of a localizer. A separate appeal is not permitted against not giving translation aid. In the appeal against the penalty decision also the rights of the defence can be claimed which defects in the quality of translation aid, provided that the procedure not any remedy has been created."

3. after section 57 (4) the following paragraph 4a is added:

"(4A) (localizer is payable, in accordance with paragraph 4, the following shall apply in proceedings where the conduct of the hearing and the precipitation of the decision in accordance with section 58 subsection 2 is a saying Senate, as well as in the appeal proceedings in: a) oral translation help is to make, unless this is necessary in the interest of an adequate defense for the contact of the accused with his defenders." This is upon request directly related to a hearing or other official act, the accused will participate, an interpreter at the place the Act to allocate. A related proposal is to introduce at least one week prior to the official act.

(b) for the defence essential file pieces are to translate in writing within a reasonable period of time. For the Defense much considered anyway, the arrest warrant, the imposition of pre-trial detention, the statement of the official representative, the written copy of the not yet final decision and an appeal raised against the knowledge of the Office supervisor. If it does not contradict the interests referred to in paragraph 4, the translation may be replaced also by oral summary by a merely partial representation, by oral translation or if the accused by a defender is represented. At the request of the accused, more specifically to file pieces are him to translate, as far as the necessity of translation within the meaning of paragraph 4 is established or it is obvious in writing. A waiver of the accused persons on written translation is allowed only if he were previously lectured on his right and the consequences of the waiver. Instruction and renunciation are to put in writing."

4. paragraph 84 paragraph 5:

"(5) the hearing an interpreter pursuant to § 57 para 4 is to call in, if the accused or a Nebenbeteiligter of the language is not sufficiently knowledgeable, highly hearing impaired, deaf or mute."

5. According to article 85, paragraph 3, the following paragraph 3a is inserted:

"(3a) the accused is directly or immediately after his arrest in writing in a language understandable to him and kind of his rights (articles 57, paragraph 3, and 85 para. 4 and 6) and to inform you that he is entitled to raise a complaint against the warrant of arrest and at any time to apply for his release and to obtain (§§ 66 to 74 HCP) access to medical care." Is the written notification in a language which the accused understands, not available, he shall orally relationship of interpreter to instruct and to furnish him the written translation. Issuing the instruction a note to record is about."

6. in article 127, paragraph 1, the second sentence reads:

"A Secretary is the hearing 57 and the accused or a Nebenbeteiligter of the language not sufficiently knowledgeable, highly hearing impaired, deaf or mute an interpreter pursuant to section, consult section 4.

7. the previous section 136 is paragraph labeled (1).

8 2 the following paragraph is added to section the 136:

"(2) in proceedings before the Senate saying it may pronounce in the quote of the decision, that in case of an imposed imprisonment is a according to § 15 ABS. 3 detention in the electronically monitored house arrest (§ 156 b HCP) entirely or for a certain period of time consider occurs when to assume on the basis of certain facts is that such a detention will not enough to deter the punished further offences" , or as an exception requires the enforcement of the sentence in an institution, to counteract the Commission of criminal acts by others. Where are. in particular the kind of fact, to take account of the person of the offender, the degree of his guilt, his life before and his behavior after the fact"

9 § 175 ABS. 2 the following sentence is added:

"The demonstration is not consummated, because the person sentenced fugitive or whereabouts is unknown, is the financial penalty authority empowered to make a thing wanted person wanted to arrest." The required data from the central collection of information by the security authorities shall be the financial penalty authorities."

10 the following paragraph 3 is added to § the 179:

"(3) the enforcement of an imprisonment has to be avoided, if the yields punished charitable services (§ 3a HCP). Furthermore he is in the call for the taking of penalty to inform him to inform being the extent of the public services to be provided. A the same font of this communication may also a person experienced in social work (§ 29 b of the Probation Act, Federal Law Gazette No. 146/1969) transmitted. § 3a paragraph 1 to 4 HCP and section 29 are b probation law with the provision to apply, mutatis mutandis, that the financial penalty authority takes place of the Court. The brokerage of community services shall be effected only upon request of the punished."

11. According to section 265 para 1, t 1u the following paragraph is inserted:

"(1u) was a declaration of willingness to provide charitable services before entry into force of article 179 paragraph 3 FinStrG as amended by Federal Law Gazette I no. 155/2013 to the financial penalty authority given, so begins the month period according to § 3a paragraph 2 HCP to achieve a consensus with an appropriate facility from contacting a mediator pursuant to § 3a paragraph 1 HCP to run no later than entry into force of this federal law."

Fischer

Faymann