388. Ordinance of the Federal Minister of Justice on the amendment of the Ordinance on the Implementation of the Public Prosecutor's Act (DV-StAG)

On the basis of Section 43 (2) of the Public Prosecutor's Law, BGBl. No. 164/1986 (StAG), as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 96/2015, shall be arranged:

The Ordinary of the Federal Minister of Justice of 16 June 1986 on the implementation of the Public Prosecutor's Law (DV-StAG), BGBl. No 338/1986, as last amended by the BGBl Regulation. II. No 204/2013, will be amended as follows:

1. In § 4 (2), before the word "Accused" the phrase "Displayed (first viewed), suspect (first suspect), or" inserted.

2. In § 8 (1), second sentence, before the word "Accused" the phrase "Displayed, suspect or" inserted.

3. In § 8 (1), third sentence, the word "accused" by the word "People" replaced.

4. In § 8a (2) (1) (1), before the word "Accused" the phrase "Suspects or" inserted.

5. The following third sentence shall be added to section 14 (3):

"In the case of a report by the Chief Public Prosecutor's Office to the Federal Minister for Justice (Section 8a (2) StAG), the investigative or criminal case or individual parts of the act are to be presented only at the request of the Federal Minister of Justice."

6. In § 14, para. 4, the word order shall be "pursuant to § § 8 (1) and 8a (2) StAG" through the phrase "pursuant to § 8a (2) StAG" replaced.

7. § 14 (5).

8. In § 18 (1) (2), the word order shall be deleted "as well as for extradition and surrender procedures" .

9. § 18 (1) Z 5 reads as follows:

" 5.		"HSt" for domestic and foreign mutual legal assistance requests, extradition and surrender procedures, as well as file inspection and file transfer, "

10. § 18 (1a).

11. In § 18 (2), Z 3 reads as follows:

" 3.		"HSt" for domestic and foreign mutual legal assistance requests, extradition and surrender procedures and file transfers, "

12. In § 18 (2), Z 4 reads as follows:

" 4.		"OStA" for all matters referred to in paragraph 1 Z 2 to 4, "

13. In Section 18 (2), the following Z 5 is added after Z 4:

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

14. In § 19 Z 1 the word sequence shall be added in the second half-sentence "an accused person" through the phrase "one person" , the last half sentence is as follows:

'The number of persons who have been shown, suspects or accused persons shall be given in the usual abbreviation for all offences committed by each suspect or accused person by means of the usual abbreviations.'

15. In § 19 Z 3, before the word "accused" the phrase "Displayed, suspects or" inserted.

16. In § 19 Z 9 shall be taken before the word "Accused" the phrase "Displayed, suspect or" inserted.

17. In Section 23 (1) (2), the word order shall be deleted "Reports to the Chief Public Prosecutor's Office or the Federal Ministry of Justice and" , the word "All" is given by the word "All" replaced.

18. In Section 23, Section 1, Z 3, after the word order "Copies of" the phrase "Reports to the Chief Public Prosecutor's Office or the Federal Ministry of Justice," inserted.

19. In § 26, paragraph 7 is deleted.

20. § 27 (3) Z 1 reads:

" 1.		After 10 years of diaries, dwellings and documents on criminal matters, if the initiation of an investigation has ceased (§ 35c StAG) or the proceedings have been terminated without the prosecution of the public prosecutor (§ 190 StPO), and files of the Oberstaatsanwaltschaften, "

21. In § 53, the second paragraph 3 in paragraph 4 as well as the existing para. 4 in paragraph 5, paragraph 5 in paragraph 6 and paragraph 6 is renamed in paragraph 7 as well as added in accordance with paragraph 7 of the following paragraph 8:

" (8) The provisions of Sections 4 (2), 8 (1), 8a (2), 18 (1) and 2, 19, 23 (1), 26 and 27 (3) of the Regulation of the Federal Minister of Justice, Federal Law Gazette (BGBl). II No. 388/2015, the following day, the provisions of Section 14 (3) to (5) of the Ordination of the Federal Minister of Justice, Federal Law Gazette (BGBl) shall be replaced by the provisions of Section 14 (3) to (5). II No 388/2015, with 1. Jänner 2016 in force. "

Brandstetter