Amendment Of The Regulation On The Implementation Of The Public Prosecutor's Office Act (Dv-Stag)

Original Language Title: Änderung der Verordnung zur Durchführung des Staatsanwaltschaftsgesetzes (DV-StAG)

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997054/nderung-der-verordnung-zur-durchfhrung-des-staatsanwaltschaftsgesetzes-%2528dv-stag%2529.html

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388 Ordinance of the Federal Minister for Justice about the amendment of the regulation on the implementation of the public prosecutor's Office Act (DV-StAG)

On the basis of § 43 para 2 of the public prosecutor's Office Act, BGBl. No. 164/1986 (StAG), as last amended by Federal Law Gazette I no. 96/2015, is prescribed:

Ordinance of the Federal Minister of Justice from June 16, 1986 on the implementation of the public prosecutor's Office Act (DV-StAG), Federal Law Gazette No. 338/1986, as last amended by the regulation BGBl. II. No. 204/2013, is amended as follows:

1. in section 4, paragraph 2, the word order is before the word "Accused" "displayed (Erstangezeigten), suspect (first suspect) or" inserted.

2. in article 8, paragraph 1, second sentence, before the word "Accused" is the phrase "displayed, suspects or" inserted.

3. in article 8, paragraph 1, third sentence is replaced by the word "Persons" the word "Accused".

4. in Article 8a, paragraph 2 Z 1 is before the word "Accused" the phrase "suspect or" inserted.

5. § 14 para 3 third sentence is added:

"A report of the Chief State Prosecutor to the Federal Minister of Justice (Article 8a par. 2 StAG) the investigation or criminal act or individual file parts only on request of the Federal Minister for Justice shall be provided."

6. in article 14, paragraph 4, the word order is "in accordance with §§ 8 par. 1 and par. 2 8a StAG" is replaced by the phrase "in accordance with section 8a, paragraph 2 StAG".

7 paragraph 5 is eliminated § 14.

8. in article 18, paragraph 1 Z 2 eliminates the phrase "as well as for extradition and surrender procedures".

9 § 18 para 1 sub-para. 5 is as follows:



"5."HSt"for domestic and international letters rogatory, extradition and surrender procedures and inspection of files and file sending," 10 § 18 par. 1a is eliminated.

11. in section 18 para 2 No. 3 is as follows:



"3."HSt"for domestic and international letters rogatory, extradition and surrender procedure file excess shipments," 12. In § 18 para 2 No. 4 is as follows:



"4."OStA"for all matters referred to in paragraph 1 Z 2-4," 13. In § 18 para 2, 5 is added 4 following Z after Z:



"5."NSt"for all other matters."

14. in article 19 Z 1, the phrase "a suspect" in the second half-sentence is replaced by the phrase "a person", the last half sentence reads as follows:

"under this number the displayed are, to specify suspects or accused persons under serial numbers and all offences of each individual suspect or accused person in the usual abbreviation by quotes the law places."

15. in article 19 Z 3 is before the word "Accused" the phrase "displayed, suspects or" inserted.

16 in article 19 Z 9 is before the word "Accused" the phrase "displayed, suspects or" inserted.

17. in article 23, paragraph 1, no. 2 is omitted the phrase "reports to the Chief State Prosecutor or the Federal Ministry of Justice and", the word "all" is replaced by the word "All".

18. in article 23, paragraph 1 Z 3 is after the phrase "copies of" inserted the phrase "Reports to the Chief State Prosecutor or the Federal Ministry of Justice,".

19. in article 26, paragraph 7 is eliminated.

20 section 27 par. 3 No. 1 is:



"1 after 10 years diaries, AIDS and documents on criminal matters, if apart from the initiation of an investigation (section 35 c StAG) or set the procedure without determination of the public prosecutor's Office (§ 190 StPO), and files of the Chief State Prosecutor," 21. In article 53 is the second paragraph 3 in paragraph 4 as well as the existing paragraph 4 in paragraph 5, paragraph 5 in paragraph 6 and paragraph 6 in para 7 renamed and pursuant to paragraph 7 the following paragraph 8 added:

"(8) the provisions of §§ 4 para 2, 8 para 1, 8a para of 2, 18 para 1 and 2, 19, 23 paragraph of 1, 26 and 27 paragraph 3 as amended by the regulation of the Federal Minister of Justice, Federal Law Gazette II No. 388/2015, contact the day following the announcement, the provisions of § 14 para 3 to 5 as amended by the regulation of the Federal Minister for justice" ", Federal Law Gazette II No. 388/2015, with 1 January 2016 in force."

Banerjee