Amendment Of The Crime Victims Act

Original Language Title: Änderung des Verbrechensopfergesetzes

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58. Federal Act amending the Crime Law

The National Council has decided:

The Crime Victim Law, BGBl. No 288/1972, as last amended by the Federal Law BGBl. I n ° 96/2012, shall be amended as follows:

1. The previous Z 2 of § 1 para. 1 shall be given the digit designation "3." , the Z 1 and 2 are:

" 1.

have suffered a bodily injury or damage to health by means of an unlawful and intentional act at the time of decision with a custodial sentence of more than six months, or

2.

have suffered a shock with psychological impairment of disease value by means of an act within the meaning of Z 1 committed by another person, in accordance with the civil-law criteria, or "

2. § 1 (7) reads:

" (7) Assistance shall also be provided to persons not referred to in paragraphs 1 and 6 if the act referred to in paragraph 1 after 30 June 2005 in the territory of the country or on an Austrian ship or aircraft, independence (g) where the site is located, and where it is lawful at the time of the act have stopped. Where an unlawful residence has been effected at the time of the offence by means of trafficking in human beings, persons shall be provided with assistance as long as they have a right of residence for special protection or, following that, continue to be They are usually resident in the country. "

3. The following Z 2a is inserted in § 2:

" 2a.

Cost assumption in crisis intervention by clinical psychologists and health psychologists; "

4. In § § 3 para. 1, first sentence and 4 para. 5, first sentence, the word order shall be "the Damage" through the phrase "the victim" , in § 3a, second sentence, the word order shall be "at Damage" through the phrase "for victims" , in § § 3a, second sentence, and 9 para. 4, second sentence, the word order shall be "the Damage" through the phrase "the victim" , in § § 4 (1), second sentence and (4), 5 (1), second sentence, 7a (1), second sentence, and 8 (1), the term " "Damaged" by the term "Victims" , in § § 4 (5), first sentence, 5a (1), 8 (2) (2) Z 1 and 2, the word order shall be "the Damage" through the phrase "the victim" , in Section 5 (3), the word order shall be "a Damage" through the phrase "a victim" , in § 5 (4) the word order shall be "a Damage" through the phrase "a victim" , in Section 8 (5), the word order shall be "the Damage or the Survivors" through the phrase "the victim or the survivor" and in Section 13 (1), the phrase "a Damage or a Survivors '" through the phrase "a victim or a survivor" replaced.

5. § 4 para. 2 Z 1 reads:

" 1.

if the victim or survivor is subject to statutory health insurance, is insured voluntarily, or is entitled to sickness insurance benefits, the competent institution of sickness insurance, "

6. According to Article 4 (2), the following paragraph 2a is inserted:

" (2a) A transfer of costs as referred to in the last sentence of paragraph 2 shall be possible up to an invoice amount of EUR 100 per applicant in full, provided that the causal link with the injury is credible. "

7. In accordance with § 4, the following § 4a and title shall be inserted:

" Cost-taking in crisis intervention by clinical psychologists and health psychologists

§ 4a. The costs of a crisis intervention (clinical-psychological and health-psychological treatment) in emergencies which have to be borne by victims or survivors as a result of an act in accordance with Article 1 (1) shall be quadruple per session up to four times the maximum Amount of the cost subsidy pursuant to § 4 (5) of the locally competent institution of the sickness insurance. A cost transfer shall not be due to a maximum of ten meetings. "

8. § 6 first and second sentence are:

" If a victim is so helpless as a result of an act within the meaning of § 1 (1) 1 that it is necessary for the assistance of another person for life-important directions, he shall be entitled to a care allowance in accordance with Section 18 of the War Victims Pension Act 1957. . If a victim is blinded as a result of an act within the meaning of § 1 (1), he shall be granted a blind allowance in accordance with Section 19 of the War Victims Supply Act 1957. "

9 § 6a is:

" § 6a. (1) Assistance in accordance with § 2 Z 10 is to be provided for a serious bodily injury (Section 84 (1) of the StGB) as a result of an act within the meaning of Section 1 (1) as a one-off cash benefit of EUR 2 000; it amounts to EUR 4 000, provided that the amount by the heavy duty is Physical injury caused health damage or occupational incapacity for longer than three months.

(2) If the action is subject to a personal injury with a severe enduration (§ 85 StGB), a one-off cash benefit is to be paid in the amount of EUR 8 000; it amounts to EUR 12 000, provided that there is a need for a care because of the personal injury caused by severe permanent endurations. in the extent of at least the level 5 according to the Federal Nursing Money Act (BPGG), BGBl. No 110/1993. '

10. § 7 First and second sentence are:

" If an act within the meaning of Section 1 (1) resulted in the death of a person, then the costs of the burial shall be replaced by the person who has denied it, up to the amount of EUR 3 300. This amount is from 1. Jänner 2014 and subsequently with effect from 1. To multiply each year with the adjustment factor set for the General Social Security Act. "

11. § 10 (1) reads:

" (1) Services in accordance with § 2 may only be provided from the month in which the conditions are fulfilled, provided that the application within two years after the bodily injury or health damage (§ 1 para. 1) or after the death of the victim (§ 1 para. 4). If a request is made only after the expiry of this period, the services provided for in § 2 Z 1, 2, 3 to 7 and 9 shall be performed at the beginning of the month following the application. In the case of first-time recognition of the replacement of the earnings and maintenance payments, it must also be decided on its own account whether and to what extent a income-dependent additional benefit is to be granted. Applications for benefits in accordance with Section 4 (5) shall not be subject to a deadline. "

12. In accordance with § 14a, the following § 14b and title shall be inserted:

" Hardship in dormant pension rights of imprisoned violent offenders

§ 14b. In so far as a particular hardship results from the fact that claims for compensation for damages arising from an exectation title relating to an executive order covered by the scope of this federal law for the purpose of a pension claim, a pension claim, a Pension rights or similar performance in accordance with federal regulations in the event of a two-year overdue sentence or compliance in the cases of § § 21 para. 2, 22 and 23 of the German Criminal Code (StGB) cannot be brought in and also otherwise shall be unsatisfied, this claim for damages may, on request, be partially or partially Goose up to a maximum of ten times the amount of the respective judge's rate for pensioners on their own pension insurance pursuant to § 293 para. 1 first sentence lit. a sublit. bb of the ASVG are accepted per applicant. "

13. The following paragraph 13 is added to § 16:

" (13) § § 1 (1) Z 1 to 3 and para. 7, 2 Z 2a, 3 para. 1 first sentence, 3a second sentence, 4 para. 1 second sentence, para. 2 Z 1, para. 2a, para. 4 and para. 5 first sentence, 4a including title, 5 para. 1 second sentence, para. 3 and para. 4, 5a para. 1, 6 first and second sentence, 6a, 7, first and second sentences, 7a para. 1 second sentence, 8 para. 1, para. 2 Z 1 and 2 and para. 5, 9 para. 4, second sentence, 10 para. 1, 13 para. 1 and § 14b including headline in the version of the Federal Law BGBl. I n ° 58/2013 will enter into force on 1 April 2013. § § 4a, 6a and 7 of the first and second sentences in the version of the Federal Law BGBl. I No 58/2013 shall apply to acts within the meaning of Section 1 (1), which have been committed from the date of entry into force of this Federal Law. Section 10 (1) in the version of the Federal Law BGBl. No 58/2013 is to be applied in respect of § 2 Z 1, 7 and 9 to acts within the meaning of Section 1 (1), which were committed from the entry into force of this Federal Law, and to § 2 Z 10 with the proviso that for applications on the basis of the Legal situation before this date of the expiry date begins with the entry into force of this Federal Law. "

Fischer

Faymann