279. Regulation of the Minister of Justice on the training of the judge candidates and judgeship candidates (judgeship candidates/indoor training regulation RiAA-AusbVO)
On the basis of § 9 para 4 of the judges and Prosecutor Service Act (RStDG), Federal Law Gazette No. 305/1961, as last amended by Federal Law Gazette I no. 35/2012, is prescribed:
Scope of application
§ 1. This regulation lays down further provisions for training the judgeship candidates and judgeship candidates for their later work as judge or judge or a prosecutor or a public prosecutor, as particularly 1 to the need for and duration of each training services, 2. content of personal training as well as 3 for the purposes of training services in the field of finance pursuant to section 9 c RStDG and excursions.
Mandatory training stations
§ 2. The training service is 1st at the District Court in the period of at least twelve months, 2nd at the District Court in the period of at least twelve months, 3 at the public prosecutor's Office in the period of at least six months, 4th at an institution for the enforcement of custodial penalties or preventive measures in the period of at least three weeks, 5. a lawyer or a lawyer (or a notary public or a notary public or the Finanzprokuratur) in the period of at least four months and 6 in to make a victim protection or care institution in the period of at least two weeks.
Optional training stations
3. (1) a part of the training service may 1 at the higher regional court in the period not exceeding six months (of which no more than two months at the justice Ombudsman's Office), 2 the Supreme Court or the 3supreme duration not exceeding six months, 3 at the Federal Ministry of Justice in the period of not more than six months, 4. the enforcement Directorate in the duration of no more than three months , 5th at the or the right protection officer in the period not exceeding three months, 6 at any institution of the probation (section 24 para 2 of the Probation Act of 1969, BGBl. No. 146) in the period of a maximum of four weeks and 7 Club at one suitable for the nomination by Sachwaltern, patient advocates, and representatives of residents (§ 1 para 1 of the Club administrator, patient advocate and resident representatives act - VSPBG, Federal Law Gazette No. 156/1990) or a youth welfare institution (§ 4 ABS. 1 of the Youth Welfare Act 1989 - JWG) , BGBl. No. 161) done in the period of a maximum of four weeks.
(2) in addition, a part of the education service in the area of finance can - take place in the duration may not exceed four months and whenever possible in an advanced stage of training - (§ 9 c RStDG). In the context of such training is to promote in particular the understanding of economic and business processes and contexts (§ 10 ABS. 3 RStDG). Come for training in the field of finance considered training stations: 1. the bodies of financial administration, 2. financial market supervision, 3. the Department of economic crime in the Federal Criminal Office, 4. the Austrian National Bank, 5 Wirtschaftsprüferinnen and chartered accountant, 6 Steuerberaterinnen and tax advisors, 7 recognized trust company and 8 suitable companies.
(3) the suitability of a company (para. 2 Z 8) is under the point of view of the way, judge candidates and judgeship candidates in economic and business management processes and contexts (§ 10 ABS. 3 RStDG) to educate, to assess.
The judgeship candidates and judgeship candidates are § 4 (1) to instruct in the course of their training in all sectors of the business of the Court and the public prosecutor service (article 10, paragraph 1 RStDG). In particular the matters of family law, the economic and economic criminal law, as well as the Europe-legal references are taken into account. The content of the training are in technical and formal terms to the requirements of the judicial office examination (section 16 RStDG) and align.
(2) in determining the training, the required practical relevance is to ensure to the judgeship candidates and judge contenders for best possible way on your later activity as a judge or judges or to prepare public prosecutor or a public prosecutor. The mediations have to ensure, that in addition to the theoretical knowledge encourage also the practical and social skills the judgeship candidates and candidates for judicial office.
(3) special attention should be focused on being demonstrably, that the judgeship candidates and judgeship candidates also 1 in dealing with parties and in the areas of civil service, 2. in dealing with employees (and against the background of the perception of management and leadership), 3rd in the conduct of negotiations, as well as in the questioning - or discovery technology and tactics, 4th in the linguistic expression and the understandable formulation of decisions , 5. in dealing with conflict and difficult situations, 6th in matters of judicial or criminal conduct and ethics and integrity management and the fight against corruption, including data protection and data security as well as 7th in matters of equal treatment and non-discrimination, bullying prevention and-Sanktion as well as the tolerance and dealing with members of other ethnic groups especially be trained.
(4) the necessary insight in the authority structure in General and the structure and organization of the Austrian judiciary including the penitentiary system is in particular to give the candidates of Office of judge and judgeship candidates. The structures of the administration of Justice, as well as the broad personnel and economic management, in addition to convey are the essential foundations of Internal Affairs and of internal auditing as well as of justice statistics and of information technology applications in the judiciary.
§ 5. The President or the President of the higher regional court has to give opportunity to the judgeship candidates and candidates for judicial office in consultation with the relevant agencies, to meet the institutions and the working methods of the departments of the Federal Government, which are for the activities in the service of Justice of importance. For this purpose are connected with lectures by representatives or representatives of these departments to organize excursions to the departments concerned.
Entry into force and transitional provisions
6. (1) effective this regulation with October 1, 2012.
(2) before October 1, 2012 completed training services and times are to be.
(3) training services fully completed according to the existing provisions are deemed to be completed, even if a longer or shorter duration for the training service is now provided under the present regulation.