124. Regulation of the Federal Minister of Justice on the jurisdiction of the institutions for the enforcement of custodial sentences and the preventive measures associated with deprivation of liberty in adults and young people (Sprengelverordnung für den Criminal law enforcement)

On the basis of § § 8 to 10, 127, 128 and 158 to 161 of the Penal Act, BGBl. No. 144/1969, idF BGBl. I n ° 2/2013, as well as § § 51, 55 (1) to (3) and (6), 56 and 57 of the Youth Court Act 1988, Federal Law Gazette (BGBl). No 599/1988, idF BGBl. I No 2/2013 shall be assigned:

Scope

§ 1. (1) This Regulation lays down, in its first section, general rules on the local jurisdiction of the institutions in respect of the enforcement of criminal and measures in adults in the following areas of enforcement:

1.		Initiation of the enforcement of custodial sentences of 18 months (§ 1 Z 5 StVG);
2.		Execution of custodial sentences, whose penalty period (§ 1 Z 5 StVG) does not exceed 18 months:
a)			General Penal Enforcement;
b)			Enforcement of negligence (§ 128 StVG);
c)			First performance (§ 127 StVG);
3.		Enforcement of prisoners and prisoners who have been diagnosed with pulmonary tuberculosis;
4.		Enforcement with deprivation of liberty of related preventive measures.

(2) The second section of this Regulation shall apply to the implementation of juvenile justice and action.

First section

Adult Enforcement

Enforcement of custodial sentences exceeding 18 months of imprisonment

§ 2. (1) In which prison the execution of a custodial sentence, the penalty period of which exceeds 18 months, is to be carried out on a convicted person, on the basis of the § 134 StVG, the law enforcement order is ordered by the law enforcement authority in individual cases.

(2) The jurisdiction of the judicial institutions referred to therein shall be arranged in general for the initiation of the enforcement of the penal code in accordance with the provisions of the annex to this Regulation. If the convicted person is already in custody, the institution in which the convicted person is held shall be responsible for the initiation.

Enforcement of custodial sentences whose penalty period does not exceed 18 months

§ 3. (1) For the initiation and implementation of the general prison sentence and the enforcement of penalties imposed on grounds of negligence (§ 128 StVG), to convicted persons whose penalty period does not exceed 18 months, shall be subject to the conditions laid down in the Annex to this Regulation the jurisdiction of the judicial institutions (prisoners ' houses of the Court of First Instance, the offices of these detainers and prisons) in general are the responsibility of the institutions listed there.

(2) The first execution (§ 127 StVG) of convicted persons whose penalty period does not exceed 18 months shall be initiated in the judicial institution responsible for the general prison sentence in accordance with paragraph 1; it shall be as far as possible in a special case for to the establishment of such an office of a judicial detention centre or department of a judicial institution.

Execution of prisoners and prisoners who have been diagnosed with tuberculosis

§ 4. The responsibility of the Wilhelmshöhe branch office of the Vienna-Josefstadt judicial institute will be arranged in general for the implementation of the enforcement of criminal and measures of action on prisoners and inmates who have been diagnosed with lung tuberculosis.

Initiation of the execution of which the branch office of a court detention centre is responsible for the execution of the execution

§ 5. If, in accordance with § § 3 or 4 and the annex to this Regulation, the execution of the sentence is to be carried out in the branch office of a court detention centre, the enforcement shall be initiated in that judicial prisoner's house to which the external office belongs.

Implementation of preventive measures involving deprivation of liberty

§ 6. (1) The judicial institutions Göllersdorf and the Forensic Centre Asten (branch office of the judicial institution of Linz) are responsible for the accommodation of male non-eligible intellectual abnormals (§ 21 para. 1 StGB). The judicial institution Vienna-Mittersteig and for the accommodation of right-breakers in need of reconciliation (§ 22 StGB) the judicial institution Vienna-Favorites for the drug-and- alcohol-dependent right-breakers.

(2) The accommodation of female eligible intellectual abnormals (Section 21 (2) of the StGB) is to be carried out in the special department of the Justice Institute Schwarzau, which is set up for this purpose.

(3) Whether the enforcement of any of the above-mentioned or any other preventive measure associated with deprivation of liberty, in a specially-established institution according to paragraph 1, in a special department of a general institution for the execution of In all cases, with the exception of paragraph 2, the sentence of imprisonment (§ 8 para. 2 StVG) or in a public hospital for psychiatry (Section 158 (4) of the StVG) shall be ordered by the law enforcement in individual cases on the basis of § 161 StVG.

Second section

Juvenile justice

Penal enforcement of male youth

§ 7. (1) Custodial sentences for which a period of imprisonment exceeds six months shall be carried out in the judicial institution for young persons in Gerasdorf, in the case of male adolescents.

(2) The law enforcement authority has to determine a different institution for the enforcement of the law, if this is the task of the juvenile justice system (Section 53 of the Youth Court Act 1988), in particular because of the local situation of the institution close to the usual social It should be possible to better understand the near-range of the young person or because of better training or job opportunities.

§ 8. Custodial sentences for which a period of imprisonment does not exceed six months shall be carried out in the detention centres of the Tribunals responsible for adults in accordance with Article 9 (3) and (4) of the StVG.

Penal enforcement of female youth

§ 9. (1) Custodial sentences of which six months exceed the penalty period shall be carried out in the youth department of the Schwarzau judicial institution.

(2) The law of enforcement shall determine a different institution for the enforcement of the law if the conditions set out in § 7 (2) are fulfilled.

§ 10. Custodial sentences for which a period of imprisonment does not exceed six months shall be carried out in the detention centres of the Tribunals responsible for adults in accordance with Article 9 (3) and (4) of the StVG, with the proviso that, in so far as the criminal period is concerned, the sentence of imprisonment shall be three months, to the place of all the prison houses in the Sprengel of the Higher Regional Court of Vienna, the youth department of the justice institute Schwarzau is to enter.

Implementation of preventive measures involving deprivation of liberty

§ 11. (1) The placement in an institution for intellectual abnormals in accordance with § 21 para. 2 of the German StGB (German Civil Code) is to be found on male youths in the judicial institution for young people Gerasdorf, in the youth department of the justice institute Schwarzau. .

(2) Accommodation in an institution for right-breakers in need of reconciliation in accordance with § 22 of the German Civil Code (StGB) is to be carried out on male youths in the judicial institution of Vienna-Favorites, to female young people in the youth department of the Schwarzau judicial institution.

(3) The law of enforcement shall be the responsibility of a competent institution other than that referred to in paragraph 1 or 2, if it is to carry out the tasks of executing the measures, in particular because of the possibilities for treatment, because of the local situation of the institution. can be better perceived in the vicinity of the usual social close-up of the young person or because of better training or job opportunities.

Adult Prisoners and Adults who are subject to the execution of the juvenile justice system or the execution of the youth

§ 12. § § 7 to 11 shall also apply to adult prisoners and to persons who are subject to the execution of juvenile offenders or measures of action.

Final destination

§ 13. (1) This Regulation shall enter into force on 1 May 2013.

(2) With the end of April 30, 2013, the German Federal Law for the Enforcement of Criminal Law (BGBl) will take place. II No 74/1997, as amended by the BGBl Regulation. II No 305/1998.

Karl