Amendment Of The Crime Victims Act

Original Language Title: Änderung des Verbrechensopfergesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_58/BGBLA_2013_I_58.html

58. Federal Act, which amends the crime victims Act

The National Council has decided:

The crime victims Act, Federal Law Gazette No. 288/1972, as last amended by Federal Law Gazette I no. 96/2012, is amended as follows:

1 the previous No. 2 of § 1 para 1 is number labeled "3", the Nos. 1 and 2 as follows: "1. by one at the time of the decision with a more than six-month custodial sentence threatened unlawful and intentional action a bodily injury or an impairment to health have suffered or"



2.



have suffered through an act committed on another person within the meaning of the Z 1 in accordance with the civil law criteria a shock with mental impairment of value of disease or "2. § 1 section 7 is:"

"(7) help is to provide also the persons referred to in paragraphs 1 and 6, if the Act was referred to in paragraph 1 after June 30, 2005, at home or on an Austrian ship or aircraft, regardless of where it's located, committed and they have stopped is legally at the time of the plot there. Was effected by a sustained human trafficking an unlawful stay at the time, help as long as to do, as they that have a right of residence for special protection or may thereafter continue to stay and usually domestically are they is people."

3. in section 2, following Z 2a is inserted: '2a.

Costs at crisis intervention by clinical psychologists and health psychologists;"

4. in the articles 3, paragraph 1, first sentence, and 4 section 5, first sentence, is the phrase "the corrupted" by the phrase "the victim", second sentence is the word sequence "for the damaged" in § 3a by the phrase "with victims', in the sections 3a, second sentence, and 9 para 4, second sentence, the phrase"the corrupted"by the phrase"the victim", in the articles 4, paragraph 1, second sentence, and paragraph 4 , 5 para 1 second sentence, 7a is para 1 second sentence and 8 paragraph 1 the term "damaged" by the term "Victim" in the §§ 4 para 5 first sentence, 5a 1, 8 para 2 Nos. 1 and 2 is the phrase "the corrupted" by the phrase "the victim", in article 5 par. 3 is the phrase "a damaged" by the phrase "a victim" , the phrase is "a damaged" by the phrase "a victim" in the section 5, subsection 4, is in § 8 paragraph 5 the phrase "the damaged or survivors" by the phrase "The victim or the survivor 's" and in the section 13, paragraph 1 the phrase "a damaged or survivors" by the phrase "A victim or a survivor" is replaced.

5. § 4 par. 2 No. 1 is: "The competent institution of the medical insurance, is 1 if the victim or the survivor of a statutory health insurance scheme is subject to, voluntarily have health insurance or a claim on health insurance benefits," 6 according to § 4 paragraph 2 is a added the following paragraph 2a:

"(2a) a transfer of costs referred to in paragraph 2 last sentence is possible up to a charge of 100 euros per applicant in full, unless the causal connection with the damage is credible."

7. According to § 4, 4a the following paragraph and heading shall be inserted:

"Costs at crisis intervention by clinical psychologists and health psychologist

Section 4a. The costs of a crisis intervention (clinical psychological and health psychological treatment) in emergency situations, which have to carry victims or dependants as a result of an action according to § 1 para 1, are per session up to the amount four times the grant after accepting § 4 par. 5 of the locally competent institution of health insurance. An assumption of costs to a maximum of ten sessions."

8 section 6 first and second sentence read:

"A victim as a result of an act within the meaning of § 1 para 1 so helpless that the help of another person is needed for vital tasks, 1957 is him a care allowance in accordance with the § 18 of the Kriegsopferversorgung Act to grant. Is blind a victim as a result of an act within the meaning of § 1 para 1, a blind allowance is him in accordance with § 19 of the of the Kriegsopferversorgung Act 1957 to grant."

9 paragraph 6a:

'Article 6a. (1) help Z is 10 pursuant to section 2 for an aggravated assault (article 84, paragraph 1 StGB) payable as a result of an act within the meaning of § 1 para 1 as a one-time payment in the amount of EUR 2 000. She is 4 000 euros, if the damage to health caused by serious injury or disability lasts for longer than three months.

(2) the Act is an assault with severe permanent consequences (§ 85 of the Criminal Code), is due to a one-time payment in the amount of 8 000 euro; "it is 12 000 euros, provided that is assault with severe permanent consequences a care need amounting to at least the level 5 under the Federal care allowance Act (BPGG), Federal Law Gazette No. 110/1993,."

10 § 7 first and second sentence read: "an act within the meaning of § 1 para 1 had the death of a person causes then the cost of burial are those who has denied to the extent of the amount of EUR 3 300 to replace. This amount is from 1 January 2014 and subsequently with effect from January 1 of each year with the adjustment factor established for the area of the general social security law to multiply."

11 paragraph 10 section 1:

(1) services "may are provided according to § 2 only by the month in which the requirements are met for that purpose, where the application within two years after the injury or damage to health (§ 1 para 1) or after the death of the victim (§ 1 para 4). So the services if an application is only made after this period, are no. 1 pursuant to section 2, to provide 2, 3 to 7 and 9 at the beginning of the month following the request. First award of compensation of the loss of earnings and maintenance discharge Ganges is officio also to decide whether and to what extent is to grant an income-related extra services. Applications for benefits pursuant to § 4 paragraph 5 are subject to any time limit."

12 according to § 14a, the following paragraph is inserted 14 b together with heading:

"Dormant pension rights of imprisoned perpetrators hardness control

§ 14 the § 21 para 2, 22 and 23 of the criminal code not can be brought in b. unless a special hardness it stated that damages victims claims on the basis of an execution title relating to one of the scope of this federal law included intentional act due to suspension of pension claims, a pension claim, or a similar power under federal rules for serving an exceeding two years kept or detention in the cases and are otherwise unsatisfied that this claim for damages at the request of may partially or entirely until a maximum to the tenfold amount of the respective units for pensionable from private pension insurance referred to in article 293, paragraph 1, first sentence, lit. a sublit. BB of the ASVG per applicant be accepted."

13 13 the following paragraph is added to article the 16:

"(13) § 1 para 1 Nos. 1 to 3 and par. 7, 2 Z 2a, 3 para 1 first sentence, 3a second set, 4 para 1 second sentence, paragraph 2 Z 1, para 2a, paragraph 4, and paragraph 5, first sentence, 4a including heading, 5 para 1 second sentence, paragraph 3 and paragraph 4, 5a 1, 6 first and second sentences" , 6a, 7 first and second set, 7a para 1 second sentence, 8 para 1, para 2 Nos. 1 and 2 and paragraph of 5, 9 para 4 second sentence, 10 para 1, 13 para 1 and § 14b and heading as amended by Federal Law Gazette I no. 58/2013 with 1 April 2013 into force. The sections 4a, 6a and 7 first and second sentences as amended by Federal Law Gazette I are no. 58/2013 to apply to acts within the meaning of § 1 para 1, which were committed from the entry into force of this federal law. § 10 para 1 in the amended by Federal Law Gazette I no. 58/2013 apply Nos. 1, 7 and 9 to acts within the meaning of § 1 para 1 with regard to article 2, which have been committed from the entry into force of this federal law, and is to apply, with respect to section 2 Z 10 with the proviso, that for applications on the basis of the legal situation prior to this date begins the period of allowable with the entry into force of this federal law."

Fischer

Faymann