Change Of The Penitentiary Act, The Code Of Criminal Procedure 1975, Of The Juvenile Court Act 1988 And Of The Probation Act

Original Language Title: Änderung des Strafvollzugsgesetzes, der Strafprozessordnung 1975, des Jugendgerichtsgesetzes 1988 und des Bewährungshilfegesetzes

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2. Federal Law, with which the Criminal Procedure Act, the Criminal Procedure Code 1975, the Juvenile Court Act 1988 and the probation aid law are amended

The National Council has decided:

table of contents

Art.

Subject matter

1

Amendment of the Criminal Law

2

Amendment of the Code of Criminal Procedure in 1975

3

Amendment of the Youth Court Act 1988

4

Amendment of the probation aid law

Article 1

Amendment of the Criminal Law

The law enforcement law, BGBl. No 144/1969, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In Article 9 (4), the following sentence is added:

"If the residence or stay is in the Sprengel of the Landesgericht Steyr, however, the prisoner house Linz is responsible locally."

2. § 10 para. 2 reads:

" (2) custodial sentences whose penalty time does not exceed three months may only be carried out in prisons if this does not cause any impairment of the purposes of the sentence of imprisonment; and

1.

the convicted person is in agreement, or

2.

This is not unreasonable for the convicted person even without his consent according to his personal circumstances and taking into account the distance between his residence or stay (§ 9 para. 3 StVG) and the prison. "

3. In § 16 para. 2 Z 10 shall be taken before the word "Prohibition of stay" the twist "travel bans or" inserted.

4. In § 24, the following paragraph 3a is inserted after the third paragraph of paragraph 3:

" (3a) The prisoner has to reimbursed the institution for costs arising from the operation of benefits pursuant to paragraph 3 Z 3 and beyond the simple life-management. The cost turnover must be based on the average costs incurred for this purpose and must be retained by the house money. In order to dispel the replacement of costs, the criminal prisoners may also use their own money. "

5. In § 41, para. 4, first sentence, the turn " Federal Law on the confiscation of judicial devotions " through the turn "Federal law on the deposit and confiscation of depositaries" and the quote " BGBl. No. 281/1963 " by quoting " BGBl. I No 111/2010 " replaced.

6. § 54 (2) first sentence reads:

"The house money shall be made available to the prisoner of criminal law without prejudice to § § 24 (3a), 32a (4), 54a, 107 (4), 112 (2), (113) and 114 (2) for the procurement of property and services in accordance with the provisions of this Federal Law."

7. According to § 102a the following § 102b with headline is inserted:

" Video monitoring

§ 102b. (1) In order to secure the closure of prisoners from the outside world and to ensure order in the institution, in particular to prevent and prevent the commission of offences committed by prisoners and to commit offences punishable by criminal law In the event of a serious and serious threat to the life or health of a prisoner, the head of the institution is authorized to use technical means for the transmission of images in real time in the institution and at the external borders of the institution (real-time monitoring).

(2) The determination of the personal data of decor with technical means for image recording is only for the reasons mentioned in paragraph 1 and moreover only in the entrance area, in the visitor and interrogation zones, the aisles in the Gesperre, the Localities serving the employment and residence of prisoners outside the detention centres, and in comparable areas and at the external borders of the institution shall be permitted. The data obtained in this way may also be used for the prosecution of an act which can be punishable by a court or an offence of regularity.

(3) The video surveillance shall not be permitted for purposes other than those mentioned in the preceding paragraphs, in particular for the performance of the performance control of the prison staff. Video surveillance is not permitted in ordinary harbor rooms, communal sanitary facilities and rooms reserved exclusively for the stay of full-service staff.

(4) In the case of any video surveillance, in particular in the case of the use of technical means for image recording, care must be taken to ensure that interference in the privacy of the persons concerned is proportionate to the occasion. In the case of the surveillance of the external borders of the institution, care must be taken to ensure that the monitored area in the public space is kept as low as possible.

(5) The circumstance of video surveillance shall be identified by appropriate measures. This marking must be carried out locally outside the institution in such a way that any potentially affected person who wishes to pass through a monitored object can, in fact, have the possibility of evaining the video surveillance.

(6) Data recorded shall be recorded at the latest after 72 hours, calculated from the date of the initial admission, provided that they are not required for the further prosecution of a criminal offence or of an offence of regularity. delete.

(7) Any use of a video surveillance shall be recorded. This does not apply to real-time monitoring cases. "

8. In accordance with § 106, the following § 106a including the heading is inserted:

" Tasks and powers of law enforcement officers in foreign operations

§ 106a. (1) The exercise of the duties and powers conferred on the law enforcement officers under this Federal Act, in particular also for the exercise of immediate coercion and for the use of weapons in accordance with § § 101 (4) and (5), 104 to 106 (executive powers) shall also be permitted abroad, in accordance with the conditions laid down in paragraphs 2 and 3.

(2) Prison officers may be granted executive powers abroad on the basis of a posting by the Federal Government in agreement with the Main Committee of the National Council in accordance with the Federal Constitutional Law on Cooperation and Solidarity the posting of units and individuals abroad (KSE-BVG), BGBl. I n ° 38/1997, as amended by the BGBl version. I No 35/1998. Your activity must be limited to the extent that is covered by the decision to send a decision pursuant to Section 2 (1) of the KSE-BVG and the international decisions or conventions which are based on this decision.

(3) The intervention in the exercise of executive powers must be permitted under Austrian law as well as in accordance with the law applicable in the field of application. It must be part of the tasks assigned by instructions of institutions pursuant to Section 4 (3) of the KSE-BVG in the course of the posting. "

9. In § 121 (5), the last sentence is deleted.

10. The title of § 133a reads as follows:

"Preliminary deprivation from the prison sentence for entry bans or residence bans"

11. In § 133a (1) (1) (1), before the word "Prohibition of residence" the twist "entry ban or" inserted.

12. In § 133a (3), before the word "Prohibition of residence" the twist "entry ban or" inserted and the word "Tourist Office" by the word "Tourism Authority" replaced.

13. In § 133a (4), before the word "Prohibition of stay" the twist "travel bans or" inserted.

14. In § 133a (5), in the first and fourth sentences before the word "Prohibition of stay" the twist "travel bans or" inserted and in the first and second sentences the word "Tourist Office" by the word "Tourism Authority" replaced.

15. In § 133a (6), in the first sentence, before the word "Prohibition of stay" the twist "travel bans or" inserted and the word "Tourist Office" by the word "Tourism Authority" replaced.

16. In § 147 (1), the turn of the first sentence shall be " , in the case of longer travel periods of no more than five days, " by the twist "plus required travel movements" replaced.

17. In § 156c, the following paragraph 1a is inserted after the first paragraph of paragraph 1:

" (1a) If the right-breaker was convicted of a criminal act in accordance with § § 201, 202, 205, 206, 207, 207a or 207b of the German Criminal Code (StGB), then a full train in the form of the electronically monitored house arrest shall not be considered before the time of the law § 46 (1) of the German Criminal Code (StGB) is fulfilled, incidentally, and if the offender has been convicted of another criminal act referred to in § 52a (1) of the Criminal Code, only if, for special reasons, it is warranted that he or she electronically monitored house arrest will not be abused. "

18. § 156d paragraph 1 reads:

" (1) The decisions concerning the holding in the electronically supervised house arrest and the revocation shall be at the head of that institution located in the sprinkle of the national court, in which the accommodation of the prisoner or convicted person is located, and which has electronic surveillance facilities (target institution). If the target institution is not the institution in which the term of imprisonment is carried out at the time of the application or in which it is to be carried out, it shall be granted legal force to authorise the holding in the electronically supervised house arrest. Decision correctort. Section 135 (2), first sentence, last sentence and second sentence, as well as (3), shall apply mutatily. "

Article 156d (3) reads as follows:

" (3) If the right-breaker was convicted of a criminal offence referred to in § 52a (1) of the German Criminal Code (StGB), an opinion of the Evaluation and Evaluation Unit for Violence shall be taken before the decision to examine the conditions of Section 156c (1) (4) of the German Criminal Code (StGB). and sex offenders, and to give an opportunity to submit their comments to a victim of such a criminal offence, which has requested an understanding pursuant to § 149 (5), without prejudice to § 156c (1) (3). Such a victim shall be notified of the authorization of the execution of the sentence in the form of the electronically monitored house arrests. The victim of a criminal offence referred to in § 52a (1) of the German Criminal Code (StGB) has the right to psychosocial process accompaniment for the perception of these application and hearing rights in the appropriate application of § 66 para. 2 StPO. "

20. In § 158 (1), in the first sentence, after the word "Institutions" the twist 'or, in the case of particular external offices of the institutions, for the enforcement of custodial sentences' inserted.

(21) § 181 is added to the following paragraph 25:

" (25) § § 9 (4), 10 (2), 24 (3a), 41 (4), 54 (2), 102b, 106a, 121 (5), 133a (1) and (3) to (6), 147 (1) (1) and (3) and (3) and 158 (1) in the version of the Federal Law BGBl (Federal Law). I N ° 2/2013, 1. Jänner 2013 in force. § 156c (1a) in the version of the Federal Law BGBl. I No 2/2013, but shall not apply to convicted persons who are on the 1. Jänner 2013 is already stopped in electronically monitored house arrest. "

Article 2

Amendment of the Code of Criminal Procedure in 1975

The Code of Criminal Procedure in 1975, as last amended by the Federal Act BGBl. I No 61/2012, shall be amended as follows:

1. § 183 (3) reads:

" (3) From the beginning of the main proceedings (Section 210 (2)), the law enforcement authority may order the jurisdiction of a judicial institution other than that referred to in paragraph 1 within the sphere of the competent Higher Regional Court, if that is the case for the better The use of the enforcement agencies shall be used and the transfer shall not cause any prejudice to the interests of the accused or any detriment to the criminal proceedings. "

2. In § 183 (4), before the word "Prosecutor's Office" the twist "the accused," inserted and the word "they" through the turn "Prosecutor's Office, Court" replaced.

(3) In § 185 (1), the second sentence is:

"Accused of being held in detention for the first time or being stopped in another judicial institution pursuant to Section 183 (3) shall, in any case, be held separately from criminal prisoners."

4. In § 514, the German Federal Law Gazette (BGBl) contains. I No 29/2012, introduced paragraph with the double name "(18)" the sales designation "(18a)"

Section 514 shall be added to the following paragraph 22:

" (22) § § 183 (3) and (4) and 185 (1) in the version of the Federal Law BGBl. I n ° 2/2013 will be 1. Jänner 2013 in force. "

Article 3

Amendment of the Youth Court Act 1988

The Juvenile Justice Act 1988, BGBl. No 599/1988, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In Art. I § 32 (2) is the expression of the phrase: "(§ § 271 (1a), 271a (3) StPO)" .

2. Art. Article 36 (2) reads as follows:

"(2) A modification of the Haftortes (Section 183 (3) of the StPO) is permissible only insofar as the competence of a special institution for young people is ordered."

3. Art. In Article 58 (7), the following sentences are added:

" A juvenile prisoner shall, in so far as the criminal period to be served at the time of the criminal proceedings exceed four weeks, shall, if necessary, be given the opportunity to stay in a place close to his place of residence, for the purpose of holding a visit, for the purpose of holding a visit to the of a juvenile criminal prisoner in an appropriate period of time, provided that a transport facility and a place of detention are available in the desired enforcement facility; such a reception reception shall be available in the case of criminal periods, until six months at least once, at least for longer penalty periods half-yearly. With regard to the age and maturity of the juvenile criminal prisoner, it is possible to use the special appropriation of the old age. § 98 (2) second to fourth sentence of the StVG are to be applied mutatis mutinly in the case of a single transport. "

4. Art. I § 60 is:

" § 60. Young people and adult prisoners who are subject to the execution of the juvenile justice system are not obliged to pay a contribution to the costs of the prison sentence in accordance with § 32 (2) second case StVG. "

5. In Art. VIII is inserted in accordance with paragraph 4e of the following paragraph 4f:

" (4f) The provisions of the Art. § 32 (2), 36 (2), 58 (7) and 60 in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 2/2013 will be 1. Jänner 2013 in force. "

Article 4

Amendment of the probation aid law

The Probation Aid Act, BGBl. No. 146/1969, as last amended by the Federal Law BGBl. I No 64/2010, shall be amended as follows:

1. § 12 (4) reads:

" (4) Voluntary probation workers shall be entitled to a tax-free compensation for the expenses incurred in their activities and to the replacement of the cash outlays which exceed this compensation, insofar as they are necessary for their activities. The amount of compensation to be paid without proof of cash outlays shall be EUR 64 per person per month; however, it shall be increased by one third if, according to the statement of the Head of Service, the cash outlays shall, on average, be the sum of at least one third. "

2. § 12 (5) and (6).

3. § 17 (3) reads:

" (3) A full-time equivalent of social work is to be available for the care of an average of 35 guardians in addition to the surveys required for statements in accordance with § 15. As a rule, a volunteer probation officer should not care for more than five protégés. This is to be taken into consideration in the selection. "

4. § 30 is added to the following paragraph 7:

" (7) § § 12 (4) and 17 (3) in the version of the Federal Law, BGBl. I N ° 2/2013, 1. Jänner 2013 in force. Section 12 (5) and (6) shall expire on 31 December 2012. "

Fischer

Faymann