Change Of The Criminal Records Act 1968, 1972 Eradication Act And The Code Of Criminal Procedure 1975

Original Language Title: Änderung des Strafregistergesetzes 1968, des Tilgungsgesetzes 1972 und der Strafprozessordnung 1975

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29. Federal Act, amending the Act of Criminal Records in 1968, the Eradication Act in 1972 and the Criminal Procedure Act 1975

The National Council has decided:

table of contents

Article 1

Amendment of the Criminal Records Act 1968

Article 2

Amendment to the 1972 Tilgungsgesetz

Article 3

Amendment of the Code of Criminal Procedure in 1975

Article 1

Amendment of the Criminal Records Act 1968

The Federal Act of 3 July 1968 on the Evidencing of Criminal Convictions (Criminal Records Act 1968), BGBl. No 277/1968, as last amended by the Federal Law, BGBl. I No 42/2011 shall be amended as follows:

1. § 2 para. 1 Z 8 reads:

" 8.

Non-binding activity prohibitions in accordance with § 220b of the German Civil Code (StGB) as well as activities prohibited under comparable provisions of other Member States together with data in accordance with § 3 (2) (2) (1) to (3); "

2. In Article 2 (1), the following Z 9 is added after Z 8:

" 9.

for the sole purpose of the transmission of an annex to a criminal record (§ 9b), all convictions of Austrian nationals by criminal courts of other Member States of the European Union, irrespective of the fact that they are subject to legal force; whether the underlying conduct under Austrian law is punishable by law, and the information relating to the convictions, in particular to the person of the convicted person, to the nature and content of the conviction, and to the information provided in the Relationship with the conviction outspoken activity prohibited. "

(3) In Article 2 (1a) the word shall be "Actions" by the word "Action" replaced, the following sentence is added:

"Likewise, the entries referred to in paragraph 1 Z 9 shall be marked separately for the purposes of section 9b."

4. In § 3 (2) (2) (2), after the words "Day and place of his birth" the words "his gender" and according to the words "his nationality" the words "or his citizenships" inserted.

5. In § 3 (2) Z 5 the turn shall be made before the stroke "and the time of their observable" inserted.

5a. In § 3 (4a) the following sentence shall be added:

"In the same way, the court has to notify municipalities in those countries where national law provisions lead to their own voter evidences."

6. § 8 (1) the following sentence is added:

"This does not apply to entries in accordance with § 2 paragraph 1 Z 9."

(7) In § 8, the following paragraph 4 is added:

' (4) The application in accordance with paragraph 1 concerns a conviction by a foreign criminal court or any other decision, decision or communication relating to it, and may, for reasons not to be represented by the applicant, be made available to the applicant for reasons relating to the application of the application. shall not be decided within six months of the date of the one-hour decision, the fact of the pending procedure shall be the inclusion of the conviction in question or the other decision, or communication relating to it, until the date of entry into force of the decision. to make a final decision on the application in the criminal record. The applicant shall be informed accordingly. "

8. § 9 A bs. 1 Z 2 is:

" 2.

Authorities of a Member State of the European Union for the purposes of security administration, and of all foreign authorities, provided that reciprocity exists, "

9. In Section 9 (1), the following Z 3 shall be added after Z 2:

" 3.

in accordance with special statutory provisions, youth welfare authorities to prevent or prevent a specific risk of a particular minor child from being exposed to a particular person. "

10. In Section 9a (1), in the Z 3 the word "and" replaced by a dash, in which Z 4 at the end the word "and" and after Z 4 the following Z 5 is added:

" 5.

foreign courts, public prosecutors and the security authorities of a Member State of the European Union in criminal proceedings, as well as all foreign courts, prosecutors and security authorities in criminal proceedings, provided that: Reciprocity exists "

11. In § 9a (2), after the word "Young people" the twist "as well as for the assessment of the suitability of care or adoptive advertisers" inserted and the word "marked" by the word "marked" replaced.

12. In accordance with § 9a, the following § § 9b and 9c shall be inserted together with the headings:

" Annex to Criminal Records Information to other Member States of the European Union

§ 9b. (1) In relation to the other Member States of the European Union, the information from the criminal record (§ § 9 and 9a) is to be annexed to all data recorded in accordance with § 2 para. 1 Z 9. The exchange of information shall be made using the form according to Annex IX on the Federal Act on Judicial Cooperation in Criminal Matters with the Member States of the European Union (EU-JZG), BGBl. I n ° 36/2004, idF BGBl. I No 134/2011. The connection of a translation is not required.

(2) The information shall be provided immediately, but at the latest within ten working days from the date of receipt of the request. If the Federal Police Directorate Vienna needs further information on the identification of the person to which the request relates, it shall immediately consult the central authority of the requesting Member State in order to obtain the information requested. within ten working days of receipt of the further information.

(3) When the central authority of the State of the State has informed the Federal Police Directorate Vienna on the occasion of the transmission of information from the criminal record, that it is not forwarded for purposes other than that of criminal proceedings. , the information shall be marked accordingly. In such a case, the requesting Member State shall be referred to the State of the State in respect of further information.

Collection of criminal records from the other Member States of the European Union

§ 9c. The Federal Police Directorate Vienna has requested to submit information from the criminal record of another Member State to the central authority of the Member State of origin of the person concerned and to obtain information from the national authorities of the Member State of origin of the information provided by the national authorities. to the requesting authority. "

13. In § 10 (1) the word "and" after the turn "§ 2 para. 1 Z 7" is replaced by a paint, and it becomes after the turn "Z 8" the twist " and Z 9 " inserted.

14. According to § 10, the following § § 10a and 10b shall be inserted together with the headings:

" Certificates of criminal records for nationals of other Member States of the European Union

§ 10a. (1) Where an application for the issuing of a certificate of criminal record is submitted by a national of another Member State, the competent authority shall act in accordance with Article 10 and, in addition, the Federal Police Directorate Vienna for the purpose of: Collection of information from the criminal record of the applicant's country of origin by means of form, according to Annex IX on the EU-JZG, by the central authority of the applicant's home country. The information provided by the Member State of origin shall be transmitted to the person concerned.

(2) In the absence of a reaction from the State of origin within two months from the date of the request for information, the person concerned shall be informed by the Federal Police Directorate Vienna that the requested country of origin does not Information from the national criminal record has been provided.

(3) The authorities responsible pursuant to § 10 for issuing a criminal record certificate are in connection with a request for information to the State of origin, in particular in determining the identity of the person questioned, for participation. is committed. The responsibility for participation is initially determined on the basis of the applicant's principal place of residence in the country, in the absence of such a person after his/her stay in Germany, then after his last principal residence in Germany and, finally, after his/her residence in Germany. last stay in Germany.

Reply to a request for information from the criminal record of the central authority of another Member State

§ 10b. The Federal Police Directorate Vienna has received requests from the central authorities of the other Member States for information from the criminal record for the purpose of providing information to the Austrian citizen concerned within 20 working days Answer receipt of the request. The substantive limitations of § 10 (1) in relation to data pursuant to § 2 (1) Z 7 to 9 and the reason for refusal, which is regulated in § 10 paragraph 3, second sentence, must be taken into consideration. "

15. In Section 11 (4), the Record "There is no conviction in the criminal record." by the sentence "In the criminal record of the Republic of Austria-led by the Federal Police Directorate Vienna-no condemnation appears." replaced.

(16) § 11 shall be added to the following paragraphs 5 and 6:

"(5) Certificates of criminal records issued pursuant to Section 10a on the basis of the information from the Criminal Register of the Republic of Austria shall contain the following statement:" The provisions of Framework Decision 2009 /315/JHA on the implementation of the Code of Criminal Records and the content of the exchange of information from the criminal record between the Member States, OJ C 327, 30.4.2004, p In accordance with Section 10a of the Criminal Records Act, an information from the criminal record of your country of origin will be obtained on the occasion of your application for the issuing of a certificate of criminal record. This will be sent to you separately from the Criminal Records Office of the Federal Police Directorate Vienna. "

(6) The personal data obtained in accordance with Articles 9c and 10a (1) of other Member States of the European Union may only be used for the purpose for which they have been requested. "

17. In accordance with § 11, the following § 11a including the heading is inserted:

" Communications to Member States of the European Union

§ 11a. The Federal Police Directorate Vienna has the central authority of the convicted country of origin and, if it is aware that the convicted person has the nationality of several Member States, the central authorities of the countries of origin concerned. as soon as possible by any of their nationals, registered in the criminal record, as well as subsequent changes or repayments, or to be informed about the deletion of the entries. Requests from the central authority of the State of origin on a case-by-case basis to transmit a copy of the judgment on which the conviction is based and to provide additional information to the Court of First Instance, which has been recognised in the first instance. Action to be taken forward. "

18. § 12 the following sentence shall be added:

"Activities prohibited by the other Member States in accordance with Article 2 (1) (8) shall be prohibited by means of a notification from the State of the State of the State, in the absence of any such prohibition after the expiry of ten years from registration."

(19) § 14 is added to the following paragraph 10:

" (10) § § 2 (1) Z 8 and 9, 2 (1a), 3 (2) (2) and (5) and (4a), 8 (1) and (4), 9 (1) (1) (2) and (3), (9a) (1) Z 5 and (2), (9b), (9c), (10), 10a, 10b, 11 (4), (5) and (6), (11a), (12) and (14a) in the version of the Federal Law, BGBl. I n ° 29/2012, will enter into force on 27 April 2012. "

20. The content of § 14a shall be replaced by the sales designation "(1)" ; the following paragraph 2 is added:

" (2) For the duration of the failure of the electronic transmission path, the transmission of data shall take place in a form which enables the establishment of a written version under conditions which enable the recipient to establish the authenticity of the data. Permit. "

Article 2

Amendment to the 1972 Tilgungsgesetz

The Federal Act of 15. Feber 1972 on the amortization of convictions and the restriction of information (Tilgungsgesetz 1972), BGBl. N ° 68/1972, as last amended by the Federal Act, BGBl. I n ° 122/2009, shall be amended as follows:

1. § 1 (5) the following sentence is added:

"This does not apply to information pursuant to § § 9b and 10a of the Criminal Records Act."

2. In Section 6 (1) (7), the point shall be replaced by an accoration and the following Z 8 shall be added:

" 8.

the youth welfare authorities, in so far as this is necessary to prevent or prevent a specific risk of a particular minor child from being exposed to a particular person. "

The following paragraph 5 is added to § 7:

"(5) The convictions of a Member State of the European Union and the related information stored in accordance with § 2 (1) Z 9 of the Criminal Records Act shall be deleted by means of a notification of the State of the State of the State."

4. § 9 is added to the following paragraph 1j:

" (1j) § § 1 (5), 6 (1) Z 8, 7 (5) in the version of the Federal Law BGBl. I n ° 29/2012, will enter into force on 27 April 2012. "

Article 3

Amendment of the Code of Criminal Procedure in 1975

The Code of Criminal Procedure in 1975, BGBl. No. 631/1975, as last amended by the Federal Law, BGBl. I No 103/2011, shall be amended as follows:

1. In § 20a (1) the Z 6 reads:

" 6.

Pass according to the Stock Corporation Act, BGBl. No. 98/1965, GmbH-Gesetz, RGBl. No. 58/1906, Cooperative Law, RGBl. No. 70/1873, Real Estate Investment Fund Act, BGBl. I n ° 80/2003, Investment Fund Act 2011, BGBl. I N ° 77/2011, Capital Market Act, BGBl. No. 625/1991, ORF Law, BGBl. No 379/1984, PSG, BGBl. No 694/1993, SE-Law, BGBl. I n ° 67/2004, gap G, BGBl. No 304/1996, and VAG, BGBl. No 569/1978, but only in so far as the company concerned has a share capital of at least EUR 5 000 000 or more than 2000 employees, as well as procedures in accordance with the BörseG, BGBl. No 555/1989; '

2. In § 31 para. 6 Z 2 shall be after the word "District Court" the staple citation "(§ 480)" as well as the turn "or the individual judge (§ 490)" inserted.

§ 112 reads as follows:

" § 112. (1) The person who is affected or present by the assurance, even if he himself is accused of doing so, shall object to the freezing of written records or data carriers on the basis of a law recognised by law. Secrecy, which may not be circumvented by freezing in the event of any other invalidity, such documents shall be secured in a suitable manner against unauthorised inspection or alteration and shall be deposited in court. However, at the request of the person concerned, the documents shall be deposited with the public prosecutor's office, which must be kept separate from the act of inquiry. In both cases, the documents of the Public Prosecutor's Office or the Criminal Police cannot be viewed as long as no decision has been taken on the review of the following paragraphs.

(2) The person concerned shall be called upon to specify, within a reasonable period of not less than 14 days, those parts of the records or data carriers whose disclosure would imply a circumvention of his secrecy; to that The purpose of the document is to inspect the documents filed. If the person concerned leaves such a name, the documents shall be taken and evaluated. Otherwise, the Court of First Instance, in the case of an application as referred to in paragraph 1 penultimate However, the public prosecutor's office shall review and arrange for the documents to be carried out with the assistance of the person concerned and, where appropriate, appropriate assistants or experts, to determine whether and to what extent they may be taken into account. Documents which are not taken into account shall be followed up by the person concerned. Findings obtained from their sighting may not be used for further investigations or as evidence in the event of any other invalidity.

(3) The person concerned may object to the order of the public prosecutor's office, in which case the documents must be submitted to the court which has to decide whether and to what extent they may be taken into act; paragraph 2, last sentence, applies. A complaint against the decision of the Court of First Instance shall have suspensive effect. "

4. In Section 113 (2), the quote shall be "§ 110 (3) Z 5" by quoting "§ 110 (3) Z 4" replaced.

5. In § 116 (6), the third sentence reads:

" A complaint against the judicial authorization shall be subject to suspensive effect; however, the credit or financial institution shall declare not to give certain information or to issue documents, according to § § 93 (2) and (112), with the proviso that: The Court of First Instance (Section 31 (1) (3)) has to decide, in accordance with Section 112 (2), the extent to which information is to be provided, or the extent to which documents are to be used for further investigations. "

6. In § 176 (3), the last sentence is:

"In the case of accused persons, who are held in an office of the judicial institution of the competent court or in a court other than the judicial institution of the competent court (§ 183), the accused can be dealt with in accordance with § 153 (4)."

7. In § 189 paragraph 2 of the StPO, after the quote "§ 16 (2) Z" the citation "2," .

8. § 194 (3) reads:

" (3) From the hiring of an investigative procedure,

1.

which was led by the WKStA in accordance with the provisions of § § 20a or 20b or by another public prosecutor's office on the grounds of the offences or crimes referred to in those provisions and on the grounds of the importance of the offence or of the person of the accused of a particular public interest, or in which legal issues which have not yet been sufficiently clarified have been assessed in terms of fundamental importance; or

2.

which was otherwise waged because of a criminal offence, for which the regional court would be responsible in the main proceedings as a jury or a Schöffengericht, and in which no victim within the meaning of § 65 Z 1 was involved,

In addition, the legal protection officer shall be notified under the guidance of the reason for recruitment (§ § 190 to 192) together with a statement of reasons pursuant to paragraph 2. Upon his request, the investigating act must be sent to him, in which case the deadline for the submission of an application for continuation (§ 195 para. 2) is extended to six months with the act of enduring the act. "

9. In § 196 (1), after the first sentence, the point shall be replaced by a supplement and the following half-sentence shall be added:

"An appeal is not against his decision."

10. In § 196 (3), the second sentence is deleted.

11. In § 204 (2), first sentence, the word "he" by the word "it" replaced.

12. In Section 357 (2), the text of the sentence shall be: "(§ 31 (5) (2))" by "(Section 31 (6) (2))" replaced.

13. In § 480, the quote § § 353 to 356 " by quoting "§ § 352 to 356" replaced.

14. In § 490, the quote § § 353 to 356 " by quoting "§ § 352 to 356" replaced.

Section 514 shall be added to the following paragraph 18:

" (18) § § 20a (1), 31 (6), 112, 113 (2), 116 (6), 176 (3), 189 (2), 194 (3), 196 (1) and (3), 204 (2), 357 (2), 480 and 490 in the version of the Federal Law BGBl (Federal Law). I n ° 29/2012, enter into force on 1 June 2012. "

Fischer

Faymann