Judge Candidate/indoor Training Regulation Riaa-Ausbvo

Original Language Title: Richteramtsanwärter/innen-Ausbildungsverordnung – RiAA-AusbVO

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279. Ordinance of the Federal Minister of Justice on the training of the judges ' candidates (Judges for the Judges of the Judges for Education and Training-RiAA-AusbVO)

On the basis of Section 9 (4) of the Judge and Public Prosecutor's Law (RStDG), BGBl. No. 305/1961, as last amended by the Federal Law BGBl. I No 35/2012, shall be arranged:

Scope

§ 1. This Regulation lays down detailed provisions on the training of judges for their subsequent activities as judges or judges, respectively. as public prosecutor or public prosecutor, in particular

1.

on the necessity and duration of the respective training services,

2.

to the personal training content, and

3.

for the completion of training services in the area of finance according to § 9c RStDG and excursions.

Compulsory training stations

§ 2. The training service is

1.

in the district court for a period of at least 12 months,

2.

in the case of the regional court for a period of at least 12 months,

3.

at the public prosecutor's office for a period of at least six months,

4.

in the case of an institution for the execution of custodial sentences or preventive measures in the period of at least three weeks,

5.

in the case of a lawyer or a lawyer (or a notary or a lawyer) a notary or financial institution) for a period of at least four months, and

6.

in the case of a victim protection or welfare institution in the period of at least two weeks

,

Optional training stations

§ 3. (1) Part of the training service may be

1.

in the case of the Oberlandesgericht (Oberlandesgericht) for a maximum period of six months (not more than two months in the case of the Justice Ombudsman),

2.

in the case of the Supreme Court or the General Procuration for a maximum period of six months,

3.

at the Federal Ministry of Justice, for a maximum period of six months,

4.

in the case of the Executive Directorate, for a maximum period of three months,

5.

in the case of the legal protection officer (s) for a maximum period of three months,

6.

in the case of an establishment of the probation aid (§ 24 para. 2 of the probation aid act 1969, BGBl. (No 146) for a maximum period of four weeks, and

7.

in the case of an association suitable for the naming of persons in property, patient lawyers and resident representatives (§ 1 para. 1 of the Vereinssachwalter-, Patient Attorts and Residents ' Representative Act-VSPBG, BGBl. No. 156/1990) or in the case of a youth welfare carrier (Section 4 (1) of the Youth Welfare Act 1989-JWG, BGBl. (No 161) for a maximum period of four weeks

shall be provided.

(2) In addition, a part of the training service in the field of finance can take place in the area of finance (§ 9c RStDG) for a maximum period of four months and, if possible, at an advanced stage of training. In the context of such a training, it is particularly necessary to promote understanding of economic and business processes and relationships (§ 10 para. 3 RStDG). The following training centres are eligible for training in the financial sector:

1.

the institutions of the financial administration,

2.

the Financial Market Supervisory Authority,

3.

the Department of Economic Crime in the Federal Criminal Police Office,

4.

the Oesterreichische Nationalbank,

5.

Accountants and auditors,

6.

Tax advisers,

7.

recognised trade-management companies and

8.

appropriate companies.

(3) The suitability of a company (par. 2 Z 8) is to be assessed from the point of view of the possibility of training judges ' candidates in economic and business economic processes and contexts (Section 10 (3) RStDG).

Training content

§ 4. (1) In the course of their training, the judges of the judiciary are to be referred to in all branches of the judicial and state-legal services (Section 10 (1) of the RStDG (RStDG)). In particular, the issues of family law, economic and economic criminal law as well as European-level references should also be taken into account. The contents of the training are to be oriented in technical and formal terms also to the requirements of the judge's examination (§ 16 RStDG).

(2) In the design of the training, the necessary practical relevance must be ensured in order to ensure that the judges ' candidates are best placed on their later duties as judges or judges, respectively. to prepare as a prosecutor or a prosecutor. Those responsible for training have to ensure that, in addition to the theoretical knowledge, the practical and social skills of the judges ' candidates are also promoted.

(3) Special attention should be paid to the fact that the judges of the judiciary are also responsible for

1.

in dealing with parties and in the areas of citizen services,

2.

in dealing with employees (also in the context of the perception of leadership and management tasks),

3.

in the conduct of the negotiations and in the consensual or consensual Investigative technology and tactics,

4.

in linguistic expression and in the comprehensible formulation of decisions,

5.

in dealing with conflicts and difficult situations,

6.

in matters of judicial or judicial nature, state-law code of conduct and professional ethics as well as integrity management and the fight against corruption, including data protection and data security, as well as

7.

in matters of equal treatment and anti-discrimination, bullying prevention and
-Sanction as well as the tolerance and the handling of members of foreign ethnicities

are specially trained.

(4) The judges ' candidates must be given the necessary insight into the structure of the authorities in general, as well as the structure and organisation of the Austrian judiciary, including the prison sentence in particular. The structures of the administration of justice, as well as the broad guidelines of the personnel and economic administration, are also to be conveyed, as well as the basic principles of administrative supervision and internal audit, as well as of judicial statistics and of the Information technology applications in the judiciary.

Excursions

§ 5. The President of the Higher Regional Court, in agreement with the relevant administrative offices, shall have the opportunity to give the right of judge to the judges, the institutions and the working methods of the To get to know the Federal Government, which is important for the activities in the service of justice. For this purpose, excursions to the departments concerned, together with presentations by representatives of these services, shall be organised.

Entry into force and transitional provisions

§ 6. (1) This Regulation shall enter into force 1. October 2012, in force.

(2) Before 1. Training services and periods completed in October 2012 are to be expected.

(3) The training services completed in full under the previous provisions shall be deemed to have been completed even if, in accordance with this Regulation, a longer or shorter period of time is now provided for the respective training service.

Karl