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

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996818/nderung-des-strafvollzugsgesetzes%252c-der-strafprozessordnung-1975%252c-des-jugendgerichtsgesetzes-1988-und-des-bewhrungshilfegesetzes.html

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2. Federal law that modifies the penal law, the code of criminal procedure 1975, the Juvenile Court Act 1988 and the probation law

The National Council has decided:

Table of contents



Art. 



Subject



1



Amendment to the penal law



2 amendment of the code of criminal procedure 1975



3



Amendment of the Juvenile Court Act 1988



4 amendment of the Probation Act article 1

Amendment to the penal law

The Prison Act, Federal Law Gazette No. 144/1969, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in section 9, subsection 4 the following sentence is added:

"The domicile or residence in the jurisdiction of the provincial court Steyr, so the jail Linz is jurisdiction however."

2. paragraph 10 section 2:

"(2) custodial sentences, which Strafzeit does not exceed three months, may only in prisons will happen when this is neither of the purposes of the execution to get and this be the Shawshank Redemption without 1 who condemned so agrees or 2. consent to his personal circumstances, and taking into account the distance between his place of residence or stay (§ 9 para 3 HCP) and the penal institution is not unreasonable."

3. in § 16 par. 2 Z 10 is the twist before the word "Prohibition of residence" "prohibition of entry or" inserted.

4. in article 24, according to the paragraph 3 of the following paragraph 3a is inserted:

"(3a) the prisoners has para the institution from the operation of concessions to replace 3 Z 3 emerging, beyond the simple lifestyle costs. The reimbursement has to be aligned with the average incurred costs and is withheld from the House money. To communicate the refunding the prisoners may use also Eigengeld."

5 in the section 41 paragraph 4, first sentence, is the phrase "Federal law on the confiscation of Verwahrnisse" by the phrase "Federal Act on the deposit and collection of Verwahrnissen" and the quote "BGBl. No. 281/1963" by the quote "Federal Law Gazette I no. 111/2010" replaced.

6 § 54 para 2 first sentence reads:

"The housing allowance is the convicts without prejudice to §§ 24 par. 3a, 32a para 4, 54a, 107 subsection 4, 112 par. 2, 113 and 114 section 2 for the supply of goods and services in accordance with the provisions of this Federal Act available."

7. According to section 102a, 102 the following section is inserted b together with heading:

"Video surveillance

§ 102 b. (1) to secure the conclusion of prisoners from the outside world and to secure order in the institution, in particular for the prevention and defense of committing offences by prisoners, as well as committing criminal acts on prisoners, and a serious and significant threat to the life or health of a prisoner is authorized for image transmission in real time in the hospital and at its external borders to use technical means (real-time monitoring) the Institute Director.

(2) determining personal of votes using technical means for taking pictures is allowed only for the reasons referred to in paragraph 1 and moreover only in the entrance, the visitor and interrogation zones, the aisles in the ratchet, the places that serve the employment and stay of prisoners outside the prison premises, and in comparable areas, as well as at the external borders of the Institute. The data obtained in this way may be used also to the pursuit of a judicially punishable act or a misdemeanor.

(3) for other than the purposes referred to in the preceding paragraphs, in particular to the performance assessment of prison staff, video surveillance is not allowed. In ordinary prison, community sanitary rooms and spaces that are reserved for only the stay of enforcement staff, video surveillance is not allowed.

(4) in the case of any video surveillance, in particular in the use of technical means for image recording, is to ensure that interference in the privacy of the persons concerned respect the proportionality to the occasion. In the case of the monitoring of external borders of the asylum is sure that the monitored area in public space will be kept as low as possible.

(5) the fact of the video surveillance is recognizable by appropriate measures. This identification has to be that every potentially affected, which would pass through a monitored object, if at all possible have the opportunity to evade the surveillance outside the institution locally so.

(6) data are calculated from the date of the first inclusion to delete, provided they are not, required to the follow-up of a judicially punishable act or a misdemeanor at the latest after 72 hours.

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

8. after section 106, the following section 106a and heading shall be inserted:

"Functions and powers of prison staff in international missions

§ 106a. (1) the performing of the tasks under this Federal Act coming to the prison staff and powers, in particular to the exercise of immediate coercion and the use of weapons according to the § 101 paragraph 4 and 5, 104 to 106 (Executive) is allowed according to the par. 2 and 3 abroad.

(2) prison officials allowed abroad executive powers on the basis of a posting by the Federal Government in consultation with the Policy Committee of the National Council after the Federal Constitutional Act on cooperation and solidarity in sending units and individuals abroad (KSE-BVG), Federal Law Gazette I no. 38/1997, as amended by Federal Law Gazette I no. 35/1998 exercise. Their activity has to restrict itself here on the extent of the extract broadcast decision according to § 2 para 1 KSE-BVG and the this underlying international resolutions or conventions is covered.

(3) the intervention under the exercise of executive powers must be permitted under Austrian law as well as to the law applicable in the field. "It must be to the KSE-BVG in tasks that are assigned to the course of posting by instructions of organs according to § 4 para 3 belong."

9. in the article 121, paragraph 5, the last sentence is omitted.

10. the heading of section 133a is as follows:

"Preliminary watching of prison because of prohibition of entry or residence ban"

11. in article 133a par. 1 Z 1 is before the word "Exclusion" the twist "ban or" inserted.

12. in article 133a par. 3 is before the word "Exclusion" the twist "ban or" inserted and the word "Aliens police authority" replaced by the word "Foreign authority".

13. in section 133a para 4 is the twist before the word "Prohibition of residence" "prohibition of entry or" inserted.

14. in article 133a par. 5 is the twist in the first and fourth movements before the word "Prohibition of residence" "prohibition of entry or" inserted, and in the first and second sentence, the word "Aliens police authority" replaced by "Foreign authority".

15 in section 133a para 6 is the phrase in the first sentence, before the word "Prohibition of residence" "prohibition of entry or" inserted and the word "Aliens police authority" replaced by the word "Foreign authority".

16 in the section 147, paragraph 1, the phrase is in the first sentence ", with longer itineraries, each not to exceed five days," is replaced by the phrase "plus necessary travel movements".

17. in paragraph 156, c after paragraph 1 of the following paragraph 1a is inserted:

"(1a) the offenders because of a criminal offence after was the sections 201, 202, 205, 206, 207, 207a or 207 b of the criminal code sentenced, so a full in the form of electronically monitored house arrest not taken into consideration comes before the time requirements of section 46 paragraph 1 Penal Code are met, in addition, and if the offender Criminal Code mentioned offence was sentenced for another in § 52a paragraph 1 ", unless special reasons warrant offered is that he will not abuse the electronically monitored house arrest."

18 § 156d paragraph 1 reads:

'(1) the decisions on the detention in the electronically monitored house arrest and the withdrawal are the head of that institution, which is located in the jurisdiction of the provincial court, in which also the accommodation of convicts or sentenced person is located, and has facilities for electronic monitoring (target company). The goal is not the institution in which the prison sentence at the time of application is carried out or in it to compete would be so she will be Strafvollzugsort with legal force of the decision all the detention in the electronically monitored house arrest. Section 135 subsection 2 first sentence is last half sentence and second sentence, and paragraph 3 apply accordingly."

19 § 156d paragraph 3 reads:


"(3) the offenders Criminal Code mentioned offence convicted one in § 52a para 1, so c para 1 is Z 4 to obtain a statement from the Advisory and Evaluation Office for violence and sex offenders and a victim of such an offence that has requested an understanding pursuant to section 149, para. 5, without prejudice to the § 156 c para 1 before deciding to test the requirements of § 156 be given the opportunity to submit its observations Z 3. Such a sacrifice is to communicate the authorization of enforcement of the penalty in the form of electronically monitored house arrest. "For the perception of this application and consultation rights, the victim has one in § 52a paragraph 1 of the Criminal Code mentioned offence claim to psychosocial support by analogy with application of section 66 paragraph 2 StPO."

20. in article 158 para 1 "Institutions" is inserted in the first sentence after the phrase "or in the specially designated branches of institutions for the enforcement of prison sentences".

21 25 the following section is added § 181:

"(25) § 9 para 4, 10 para of 2, 24 par. 3a, § 41 para of 4, 54 paragraph 2, 102 b, 106a, 121 para 5, 133a par. 1 and par. 3 to 6, 147 ABS. 1,156 c par. 1a, 156d par. 1 and par. of 3 and 158 para 1 as amended by Federal Law Gazette I no. 2/2013, come January 1, 2013 in force." § 156 c para 1a in the version of Federal Law Gazette I no. 2/2013, however, apply to convicts not be already suspended on January 1, 2013 in the electronically monitored house arrest."

Article 2

Amendment of the code of criminal procedure 1975

The code of criminal procedure 1975, last amended by Federal Law Gazette I no. 61/2012, is amended as follows:

1. paragraph 183 paragraph 3:

"(3) from the start of the main proceedings (§ 210 paragraph 2) the enforcement Directorate may order jurisdiction other than the prison given pursuant to paragraph 1 within the domain of the competent higher regional court, if this serves the better utilization of the law enforcement institutions and to fear a prejudice of the interests of the accused, nor disadvantages for the criminal proceedings through the transfer."

2. in the section 183 subsection 4 is inserted the phrase "the accused," before the word "Prosecutor" and the word "she" replaced by the phrase 'Public prosecutor, Court'.

3. in the section 185, paragraph 1, the second sentence reads:

"Defendants located in prison the first time, or be suspended pursuant to section 183 subsection 3 in a different prison, are to stop anyway, separated by convicts."

4. in section 514 which contains no. with the Federal Act Federal Law Gazette I 29/2012, introduced sales with the designation (18) double the sales designation (18a)

5. 22 the following paragraph is added to § 514:

"(22) §§ 183, para 3 and 4 and 185 para 1 as amended by Federal Law Gazette I no. 2/2013 with 1 January 2013 into force."

Article 3

Amendment of the Juvenile Court Act 1988

The Juvenile Court Act 1988, Federal Law Gazette No. 599/1988, as last amended by the Federal Act Federal Law Gazette I no. 111/2010, is amended as follows:

1. in article I § 32 para 2 of the bracket expression is: "(§§ 271 Abs. 1a, 271a Abs. 3 StPO)".

2. Article I § 36 para 2 is as follows:

"(2) a change of the place of detention (article 183 paragraph 3 StPO) is permissible only in so far as the responsibility of a special institution for young people will be arranged."

3. Article I § 58 paragraph 7 following sentences shall be added:

"A juvenile convicts opportunity to stay in one is exceed the penalty to case at the time of the penalty when four weeks if necessary for the purpose of visiting reception his residence nearby, the detention of juvenile prisoners suitable prison in reasonable time to grant if a transportation facility and a detention place in the desired full facility available; a such visit reception is in penalty time up to six months at least once, to grant longer time penalty at least twice a year. The special institution suitability may be waived in regard to the age and the maturity State of the juvenile prisoners. Section 98 subsection 2 are second to fourth set of HCP to apply mutatis mutandis in the case of a single transport."

4. Article I sec. 60 reads:

"§ 60. juvenile and adult prisoners, which are under the juvenile justice, second case HCP are not obliged to provide a contribution to the costs of the execution according to § 32 para 2."

5. in article VIII, according to § 4e 4f the following paragraph is inserted:

"(4f) the provisions of article I § 32 para 2, 36 para 2, 58 paragraph 7 and 60 as amended by Federal Law Gazette I no. 2/2013 come January 1, 2013 in force."

Article 4

Amendment of the Probation Act

The Probation Act, Federal Law Gazette No. 146/1969, as last amended by Federal Law Gazette I no. 64/2010, is amended as follows:

1. paragraph 12 paragraph 4:

"Tax-free compensation, as well as the replacement of cash expenses excess of this compensation is due to (4) the volunteer probation officers for the costs associated with their activities, insofar as they are necessary for their activities. The amount of compensation payable without proof of cash expenses is monthly per protege 64 euros; She increased however by one-third, if after the Declaration of the Dienststellenleiters cash outlays exceed that amount in an average of at least one third."

2. para 5 and 6 are § 12.

3. paragraph 17 para 3:

"(3) for the care of an average 35 wards in addition to the required statements according to § 15 surveys a full time equivalent should be social work available. A voluntary probation worker to take care of usually no more than five students. This carefully is choosing to take."

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

"(7) the articles 12 (4) and 17 (3), as amended by the Federal Act, Federal Law Gazette I no. 2/2013, with January 1, 2013 into force." Article 12 paragraph 5 and 6 step at the end of 31 December 2012 override."

Fischer

Faymann