Amendment Of Rules Of Procedure For The Courts Of I. And Ii. Instance (Geo.) And The Regulation For The Implementation Of The Public Prosecutor's Office Act (Dv-Stag)

Original Language Title: Änderung der Geschäftsordnung für die Gerichte I. und II. Instanz (Geo.) und der Verordnung zur Durchführung des Staatsanwaltschaftsgesetzes (DV-StAG)

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996365/nderung-der-geschftsordnung-fr-die-gerichte-i.-und-ii.-instanz-%2528geo.%2529-und-der-verordnung-zur-durchfhrung-des-staatsanwaltschaftsgesetzes-%2528dv-sta.html

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204. Regulation of the Minister of Justice, of the rules of procedure for the courts of I. and II. be changed instance (GEO.) and the regulation for the implementation of the public prosecutor's Office Act (DV-StAG)

On the basis of article VII of the sixth court relief amendment, Federal Law Gazette No. 222/1929, and of article VII of the public prosecutor's Office Act, Federal Law Gazette No. 164/1986, as last amended by the Federal Act Federal Law Gazette I no. 81/2012, is prescribed:

Article 1

The rules of procedure for the courts of I. and II. instance (GEO.), Federal Law Gazette No. 264/1951, as last amended by regulation Federal Law Gazette II No. 386/2012, is amended as follows:

1. in article 11, paragraph 1, the previous Z 39 is named Z 41; following Nos. 39 and 40 shall be inserted after Z 38:



"39. security-related incidents;

"40. matters of the Revisorinnen-and use of Auditor;"

2. paragraph 283 paragraph 1:

"283. (1) the powers conferred according to statutory provisions to the examination of witnesses, experts and interpreters fees may refer to:"



1. If the Supreme Court decides, the auditor or the auditor of the higher regional court of Vienna;

2. If the Court decides, the auditor or the auditor of this Oberlandesgericht;

3. If the Chief State Prosecutor or an other public prosecutor's Office decides, the auditor or the auditor of the higher regional court in whose jurisdiction is located the headquarters of the public prosecutor's Office;

4. otherwise the auditor or the auditor of the parent behavior."

3. 366 paragraph with heading:

"Registry of the courts of appeal

Section 366. (1) in all courts are, as far as the questionable transactions in the individual courts at all occur electronically to result in following registers:



1 JV for judicial administrative cases, 2 pers for personnel files, 3. R for right of appeal in civil matters, with the exception of the labour and social matters, 4 RA for remedies in labour cases, 5 RS for appeal in terms of social rights, 6 BS for appeals in criminal cases, 7 Rev for things the verifiers and Auditors, 8 FSC for period legislative amendments in civil matters, 9th FSS for period legislative requests in criminal matters, 10 HC for terms of legal assistance in civil matters , 11 HS in legal assistance matters in criminal cases, 12 UV for advances of maintenance payments, 13th NC for all civil matters referred not to a different register, 14 NS for all criminal matters referred not to a different register.

(2) in addition the registers are also the registers KT and Nkt for cartel cases to DS for disciplinary matters, as well as at the higher regional court of Vienna."

4. 477 paragraph with heading:

"Register for things of the verifiers and Auditors (Rev)

477. (1) have the verifiers and Auditors (section 280) enter the submitted them business pieces (§ § 283 and 283a) in the list of things of the verifiers and Auditors (Rev-register) (section 366).

"(2) an appeal is taken by the auditor or the Auditor, in the appeal (section 520 ZPO) next to the name of the appellant or the appellant's to install the file number in brackets, for example:" Republic of Austria, represented by the auditor or the Auditor (Rev. 6/2012) "."

5. § 522 is together with the heading:

"Personnel file tab

All personnel files are 522. (1) in the register of "Pers" (section 366, paragraph 1 Z 2) to enter.

(2) an application request contains the number of the personnel Act of the services of the applicant or of the applicant; its essential content it should be noted in any personnel act by an official note. With the services of which the tender is to edit are the application requests to the Act relating to the invitation to tender to take and whose business number (§ 512 para 3)."

Article 2

Entry into force

Article 1 of this Regulation shall enter into force 1 July 2013.

Article 3

Ordinance of the Federal Minister of Justice from June 16, 1986 on the implementation of the public prosecutor's Office Act (DV-StAG), Federal Law Gazette No. 338/1986, as last amended by the regulation Federal Law Gazette II No. 150/2011, is amended as follows:

1. section 30a is para 3:

"(3) the President or the President of the higher regional court informed the Chief State Prosecutor at the headquarters of the Oberlandesgericht which during the previous calendar year by the verifiers and perceptions made Auditors during their audit work at the public prosecutor's Office until March 31 of the following year. The head or the head of the Chief State Prosecutor meets the required arrangements, to eliminate the perceived flaws."

The following paragraph 7 is added to § 2. 53:

"(7) section 30a para 3 as amended by the regulation of the Federal Minister for Justice, Federal Law Gazette II No. 204/2013 with 1 July 2013 enter into force."

Karl