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 law be changed with the criminal records Act 1968, 1972 eradication Act and the code of criminal procedure 1975

The National Council has decided:

Table of contents



Article 1 amendment to the criminal records Act 1968 article 2 amendment of the repayment Act 1972 article 3 amendment of the code of criminal procedure 1975 article 1

Amendment of the criminal records Act 1968

The Federal Act of 3 July 1968 by the evident attitude of criminal convictions (Criminal Records Act 1968), Federal Law Gazette No. 277/1968, as last amended by the Federal Act, Federal Law Gazette I no. 42/2011, is amended as follows:

1 § 2 para 1 sub-para. 8 is:



"8 final activity prohibitions pursuant to § 220 b of the criminal code and work bans pronounced according to comparable provisions in other Member States together with data according to § 3 para 2 No. 1 to 3;"

2. in article 2, paragraph 1, 8 following Z 9 is attached to the Z:



"9. solely for the purposes of the transmission of an attachment to a criminal record information (§ 9 b) all final convictions of an Austrian citizen by criminal courts in other Member States of the European Union, regardless of whether the underlying conduct is legally punishable under Austrian law, and the convictions related information, in particular to the person of the person sentenced, nature and content of the conviction, and the activity prohibited in connection with the sentencing."

3. in article 2 paragraph 1a is replaced by the word "Action" the word "Acts", the following sentence is added:

"As the entries are according to para 1 separately to mark Z 9 for the purposes of article 9 b."

4. in section 3 para 2 No. 2 are according to "Date and place of his birth" the words "his sex" and the words "or his nationality" inserted after the words "his nationality".

5. in section 3, paragraph 2, Z 5 is inserted the phrase "and the time" before the semicolon.

5a. Article 3 paragraph 4a the following sentence is added:

"In the same way, the Court has to notify communities in those countries where due to landesgesetzlicher own voters evidence exists."

6 8 paragraph 1 the following sentence is added to §:

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

7. in article 8 the following paragraph 4 is added after para 3:

"(4) concerns the request referred to in paragraph 1 a conviction by a foreign court or other care-related decision, available or communication and can about this for reasons that are not by the applicant, decide within a period of six months after the receipt of, is the fact of the proceedings concerning the inclusion of the relevant conviction or other decision relating , Available or communication to note: a final decision on the application in the criminal record. The applicant is to inform accordingly."

8 § 9 para 1 No. 2 is:



"2. authorities of a Member State of the European Union for purposes of security management, as well as all foreign authorities, provided that reciprocity exists," 9. In § 9 para 1, 2 following no. 3 after attaches the Z:



"3. in accordance with special laws youth welfare institutions to prevent, or to ward off a concrete threat to a particular minor child by a person certain."

10. in Article 9a, paragraph 1, 3 is the word in the Z 'and' 4 in the end replaced by a comma, in the Z attached "and" and after the Z added 4 following no. 5:



"5. foreign courts, prosecutors and security agencies 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 is" 11. In Article 9a, paragraph 2, the word the phrase "as well as for assessing suitability of care or adoptive recruiters and seekers" inserted after "Young people" and replaced "marked" by the word "marked".

12. after section 9a, following §§ 9 b and 9 c with headings shall be inserted:

"Annex to criminal record information to the other Member States of the European Union

§ 9 b. (1) In relation to the other Member States of the European Union is of information extracted from criminal records (§ § 9 and 9a) an appendix on all referred to in section 2 paragraph 1 Z 9 recorded data to join. Providing information using the form according to annex IX to the Federal Act on judicial cooperation in criminal matters with the Member States of the European Union (EU-JZG), Federal Law Gazette I no. 36/2004, idF BGBl I no. 134/2011. It is not necessary to connect of a translation.

(2) the information is immediately, at the latest however within ten working days from grant receipt of the request. The Vienna Federal Police Directorate needs more information to identify the person to which the request relates, she has to consult with the central authority of the requesting Member State, to grant the requested information within ten working days after receiving the additional information without delay.

(3) has the central authority of the sentencing State of the Vienna Federal Police Directorate on the occasion of the transmission of information extracted from criminal records in knowledge, that these may be forwarded for purposes other than those of criminal proceedings does not, the information to label should. In such a case, the requesting Member State with regard to further information on the State of judgment is to point.

Obtaining criminal record information from the other Member States of the European Union

§ 9c. The Vienna Federal Police Directorate has domestic authorities to submit requests for information extracted from the criminal record of another Member State to the central authority of the country of origin of the person concerned and to forward the incoming information to the requesting authority".

13. in article 10, paragraph 1, the word is "and" after the phrase "section 2 para 1 No. 7" replaced by a comma and it is inserted the phrase "and Z 9" after the phrase "Z 8".

14. According to § 10, following articles 10a and 10B and headings shall be inserted:

'Criminal record certificates for nationals of other Member States of the European Union

Article 10a. (1) an application for a certificate of criminal records by a national of another Member State is provided, the competent authority according to § 10 to proceed and in addition to deal the Vienna Federal Police Directorate for the purpose of obtaining information from the criminal records of the State of origin of the applicant using form according to annex IX to the EU-JZG by the central authority of the country of origin of the applicant. The carried out information through the State of origin is to send the person concerned.

(2) If no reaction takes place on the part of the State of origin period of two months from the date of the request for information to affected parties of the Vienna Federal Police Directorate is to put that information extracted from national criminal records were sent by the requested State in knowledge.

(3) the authorities responsible according to § 10 for the issuance of a certificate of criminal record are obliged to cooperate in connection with a request for information on the State of origin, in particular in determining the identity of the requested person. The competence to participate depends first on the principal residence of the applicant in the inland, in the absence of such after his stay in Germany, then after its last resident in Germany and after his last stay in the domestic.

Answer an incoming via the central authority of another Member State request for information extracted from the criminal record

section 10 b. The Vienna Federal Police Directorate has submitted requests for information extracted from criminal records for the purposes of information to the affected Austrian citizens by central authorities of the other Member States within twenty working days of receipt of the request to answer. "The content restrictions of § 10 para 1 in relation to data in accordance with article 2, paragraph 1 Z 7 to 9 and the controlled reason for rejection are second sentence in § 10 ABS. 3 taking into account."

15. in article 11, paragraph 4, the phrase "Criminal seems no condemnation on." the set "In the criminal record of the Republic of Austria - led by the Vienna Federal Police Directorate - seems no condemnation on." is replaced.

16 § 11 shall be added following paragraph 5 and 6:

"(5) criminal record certificates, issued in accordance with Article 10a on the basis of the information from the criminal records of the Republic of Austria have to contain following note:"the provisions of the framework decision 2009/315/JHA on the implementation and content of the exchange of information extracted from criminal records between Member States, OJ " L 93 of 7.4.2009, following, information extracted from the criminal record of your country of origin is obtained on the occasion of your application on a criminal record certification referred to in Article 10a of the criminal records Act. This is sent to separate you from the criminal records Office of the Vienna Federal Police Directorate."


(6) the personal data obtained pursuant to the § § 9 c and 10 paragraph 1 from other Member States of the European Union may be used only for the purpose for which they were asked."

17. pursuant to section 11, 11a the following paragraph with heading shall be inserted:

"Notices to Member States of the European Union

section 11a. The Vienna Federal Police Directorate has the central authority of the country of origin of the person sentenced and, if it is aware that the convicted person has the nationality of more than one Member State, the central authorities of the concerned countries of origin as soon as possible of any whose nationals concerned, registered in the criminal record conviction, as well as to put repayments or later changes or deletions of entries in knowledge. Following a request from the central authority of the country of origin in the case of transmitting a copy of the underlying the sentencing judgment and to grant additional information are the Court has recognized in the first instance, to forward to the further instigation."

18 § 12 the following sentence is added:

"Activity prohibitions uttered by the other Member States in accordance with article 2, paragraph 1 Z 8 are on communication of the ruling State, in the absence of such to delete after the expiration of ten years from the entry."

19 § 14 the following paragraph 10 is added:

"(10) § 2 para 1 Z 8 and 9, 2 par. 1a, 3 para 2 Nos. 2 and 5 and paragraph 4a, 8 paragraph 1 and 4, 9 para 1 Nos. 2 and 3, 9a paragraph 1 Z 5 and paragraph 2, 9, 9 c, 10, 10a, 10B, 11 par. 4, 5 and 6, 11a, 12 and 14a in the version of federal law" ", Federal Law Gazette I no. 29/2012, into force on April 27, 2012."



20. the content of Article 14a receives the sales designation (1)

; the following paragraph 2 is added:



"(2) for the duration of the failure of the electronic transmission path the transfer of data in a form has to be, which allows the creation of a written version under conditions that allow the determination of the authenticity of the receiver."

Article 2

Amendment of the repayment Act 1972

The Federal law of 15 February 1972 on the redemption of convictions and the restriction of information (eradication Act 1972), Federal Law Gazette No. 68/1972, as last amended by the Federal Act, Federal Law Gazette I no. 122/2009, is amended as follows:

1 1 subsection 5 the following sentence is added to §:

"This does not apply b und10a criminal law information pursuant to §§ 9."

2. in article 6, paragraph 1, no. 7 is the point replaced with a comma and following Z 8 added:



"8. the youth welfare institutions, insofar as this is necessary to prevent or to ward off a concrete risk of a certain minor child by a certain person."

3. § 7 the following paragraph 5 is added:

"(5) in accordance with article 2, paragraph 1 Z 9 criminal law stored sentences of a Member State of the European Union and the related information are to delete on communication of the ruling State."

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

"(1j) § 1 par. 5, 6 § 1 Z 8, 7 para 5 as amended by Federal Law Gazette I no. 29/2012, with 27 April 2012 into force."

Article 3

Amendment of the code of criminal procedure 1975

The code of criminal procedure 1975, Federal Law Gazette No. 631/1975, as last amended by the Federal Act, Federal Law Gazette I no. 103/2011, is amended as follows:

1. in article 20a, paragraph 1, the No. 6 reads:



"6.



Offences according to the German Stock Corporation Act, Federal Law Gazette No. 98/1965, GmbH law, RGBl. No. 58/1906, cooperative law, RGBl. No. 70/1873, real estate investment Fund Act, Federal Law Gazette I no. 80/2003, investment Fund Act 2011, Federal Law Gazette I no. 77/2011, capital market law, BGBl. No. 625/1991, ORF-Gesetz, BGBl. No. 379/1984, PSG, BGBl. No. 694/1993, SE Act, Federal Law Gazette I no. 67/2004, spin-off, BGBl. No. 304/1996, and VAG, BGBl. No. 569/1978 ", each but only to the extent the society concerned a registered capital of at least 5 000 000 euro or more than 2000 employees has, as well as procedures for the Austrian Stock Exchange Act, Federal Law Gazette No. 555/1989;"



2. in article 31, paragraph 6, no. 2 the clip originally posted (art. 480) as well as the phrase "or the single judge (section 490)" is inserted after the word "Court".

3. paragraph 112:

"112. (1) contradicts the person affected by the guarantee or present, even if she accused of even the Act is ensure by written records or carriers of data, citing a legally recognized right to secrecy, that must not be circumvented by ensuring other nullity, to secure these documents in appropriate manner against unauthorized access or alteration, and to deposit with the Court. At the request of the person concerned, the documents but are to deposit which to keep them separated from the Act of discovery at the public prosecutor's Office. In both cases the documents must not be seen a public prosecutor or judicial police, while not of the knowledge to the following paragraphs has been decided.

(2) the person concerned is to urge, to denote those parts of records or data carriers, whose Offenlegung would mean a work around its confidentiality within a reasonable period as 14 days not unterschreitenden; to this end, he is entitled to inspect the stored documents. The person concerned neglects such a designation, the documents relating to the Act are to take and to evaluate. Otherwise penultimate sentence but has to sift the Attorney the documents under assistance of the person concerned and, if necessary, appropriate assistants or an expert and may arrange, whether and to what extent they are taken to the Act the Court, in the case of an application referred to in paragraph 1. Documents not taken the Act, shall be issued to the person concerned. Insights gained from their sighting may be used at any other invalidity not for further investigation or as evidence.

(3) against the order of the public prosecutor's Office the person concerned can raise an objection, in which case the documents are to be submitted the Court, has to decide whether and to what extent they may be carried to the Act; ABS. 2 last sentence applies. Suspensive effect is an appeal against the decision of the Court."

4. in article 113, paragraph 2 the quote is "section 110 subsection 3 Z 5" by the quote "section 110 subsection 3 Z 4" replaced.

5. in article 116, paragraph 6, the third sentence reads:

"Suspensive effect comes to an appeal against the judicial authorization; "the credit or financial institution declares not to provide certain information or not to issue documents, is according to §§ 93 par. 2 and 112 shall proceed, so that the Court (article 31, paragraph 1 Z 3) has to decide according to § 112 para 2 in the extent to which information to give or to use documents for further investigation to what extent are."

6. in article 176 para. 3 is the last sentence:

"Instead of the demonstration can be taken when accused, which are held in a branch of the judicial institution of the Court or in another as the judicial institution of the competent court (section 183), pursuant to section 153 subsection 4."

7. in article 189 paragraph 2 StPO is eliminated after the quote "§ 16 ABS. 2 Z" the quote "2,".

8 paragraph 194 paragraph 3:

"(3) by setting an investigation,



1. which of the WKStA in accordance with the provisions of sections 20a or 20B or by a different Prosecutor due to these provisions listed offences or crimes was performed and where due to the importance of the offence or the person of the accused is a special public interest, or in which were judged not sufficiently clarified legal issues of fundamental importance, nor 2. otherwise because of a criminal offence was performed , for that in the main proceedings, the regional court as jury - or jurymen's Court would be responsible and in which a victim within the meaning of section 65, no. 1 was involved, is also the right protection officer under leadership of the reason of the setting (articles 190 to 192) along with a statement of grounds referred to in paragraph 2 to communicate. At his request, the investigation Act is him to send, in which case the time limit for bringing an application for continuation (§ 195 para 2) with the receipt of the Act for six months will be extended. "9. in article 196, paragraph 1 pursuant to the first sentence of point replaced by a comma and appended the following phrase:"

"his decision an appeal is not to."

10. in article 196, para. 3, the second sentence is omitted.

11. in section 204 para 2 first sentence is the word "he" replaced by the word "it".

12. in § 357 para 2 is the parenthesis quote "(§ 31 Abs. 5 Z 2)" by "(§ 31 Abs. 6 Z 2)" replaced.

13. in paragraph 480, the quote "sections 353 and 356" by the quote "sections 352 to 356" is replaced.

14. in section 490, the quote "sections 353 and 356" by the quote "sections 352 to 356" is replaced.

15 § 514 18 the following paragraph is added:

"(18) sections 20a para 1, 31 para 6, 112, 113 para 2, 116 paragraph 6, 176 para 3, 189 paragraph 2, 194 para 3, 196 par. 1 and 3, 204 para 2, 357 para 2, 480 and 490 in the version of Federal Law Gazette I no. 29/2012, with June 1, 2012 into force."

Fischer

Faymann