Invalidation - And Rehabilitation Law 2011

Original Language Title: Aufhebungs- und Rehabilitierungsgesetz 2011

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997713/aufhebungs--und-rehabilitierungsgesetz-2011.html

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8 federal law on the removal and rehabilitation (Rehabilitation Act 2011 and invalidation)

The National Council has decided:

Retroactive annulment of judgments and decisions

§ 1 (1) all still in force available, until March 12, 1938 condemned handed down decisions of special and State courts, as well as the ordinary criminal courts against holders of official certificates or victims statements according to the victim care law, BGBl. No. 183/1947, or people who have had or are entitled to an official certificate or a victim identification after the Opferfürsorgesetz, but no application to have made, or before entry into force of the victims care law deceased , which at the time of her death apart from possession of Austrian nationality whose Bedingungen met, for the issuance of a certificate of official or a victim card retroactively deemed not, as far as they apply because of acts, between 6 March 1933 and March 12, 1938 in the fight for an independent, democratic, and conscious of his historical role Austria (§ 1 para 1 victim care Act, Federal Law Gazette No. 183/1947) have been committed or took place because of the expression of a political opinion on it-oriented.

(2) all still in force, issued until 12 March 1938 notices that the retention to the stays in a certain places or areas (detention) has been arranged, apply retroactively deemed not have been adopted, as far as disposing in paragraph 1 against listed persons offences listed in paragraph 1.

Meet

Section 2 contains a judicial conviction also a guilty verdict for a different offence not covered by article 1, paragraph 1, this conviction remains upright. The penalty statement is omitted. A new assessment of the penalty does not take place.

Authority of application for and jurisdiction

3. (1) by a criminal decision within the meaning of § 1 para 1 condemned and those deprived of their personal freedom according to which a notice within the meaning of § 1 para 2 as well as the spouse, registered partner, companion, relatives in direct line or siblings of people finding eligible, that this decision is considered failed.

(2) the existence of the conditions of in paragraph 1 determines the regional court for criminal affairs Vienna by a judge sitting alone with decision.

(3) the Court has to get an opinion of the Rehabilitation Advisory Committee (§ 5) before the decision, if it considers this necessary.

(4) unless otherwise provided, the provisions of Ccrp apply the procedure in addition.

Rehabilitation

4. (1) the exercise of State sovereignty itself in Word and deed for an independent, democratic and Austria conscious of his historical role have used to the prejudice of those (§ 1 para 1 victim care Act, BGBl. Nr. 183/1947) precisely because of such acts, contrary to democratic principles. In particular, judgments in the sense of § 1 para 1 and decisions within the meaning of § 1 para 2 are wrong in the sense of the rule of law.

(2) all through a decision within the meaning of § 1 are rehabilitated to the extent of the lifting Shawshank Redemption.

(3) all those who have advocated democratic and its historical task of conscious Austria between November 12, 1918 and March 12, 1938 in Word and deed for an independent, (§ 1 para 1 victim care Act, BGBl. Nr. 183/1947), deserves the attention of the Republic. Special compassion to those persons uninvolved suffered injury to body, life and freedom in violent political struggles with weapons carried.

Rehabilitation Advisory Committee

§ 5 (1) of the Federal Ministry of Justice is to set up a rehabilitation Advisory Council. It is this, to give an opinion on the question at the request of the Court (article 3 para. 3), to what extent a decision in fact which referred to in § 1 underlying or action in the fight for an independent, democratic, and its historical task of conscious Austria has been committed or expressed a political opinion on it-oriented.

(2) the Advisory Board consists of six members and consists of two representatives of the Federal Ministry of Justice, as well as from two subject matter experts from the field of contemporary history and the history of law, chaired by a representative of the Federal Ministry of justice by the Federal Minister for justice. The term of Office of the Board is four years. The Advisory Board has to continue the business so long, until the new Advisory Board will meet after the expiry of the term of Office. The time of continuation of business counts on the term of Office of the new Advisory Board.

(3) the members of the Advisory Board referred to in paragraph 2 as well as the required number of alternate members shall be appointed by the Federal Minister for justice. The Federal Minister for science and research has to reimburse the proposals for the appointment of the experts. He can listen to representatives of history and law before, to get additional information about the specialist expertise in views of adopted persons. The Federal Minister of Justice has to dismiss the members of the Advisory Board of their function if they seek to therefore, if one of the conditions necessary for your order is not given or if they grossly neglect the duties of their Office; in the latter case the proposal is earlier to listen to.

(4) the membership of the Advisory Board is an unbesoldetes voluntary work. The replacement of the travel is due to the members and subsistence, by analogy with the provisions applicable to people's assessors and jurors of the fees entitlement Act, Federal Law Gazette No. 136/1975 idF BGBl. No. 111/2010, if due to other legal provisions is not a similar claim.

(5) the Advisory Board shall be convened by the Chairman of the meetings. The invitations no later than eight days before the meeting the members of the Advisory Board to be served with the order of the day. The Advisory Council meets in closed session. It is quorate when at least half of the invited members is present. Were duly invited the members of the Advisory Board is also then resolutionable, if after 30 minutes, less than half of the invited members is present. Decisions of the Advisory Board are taken by a majority vote. The Chairman finally makes his voice; vote decides his voice. Minutes of the meeting of the Advisory Council minutes is to record, which has to include all decisions in the wording, the results of votes and the significant progress of the negotiations; a copy shall be sent to the members of the Advisory Board. The Chairman is entitled to call in experts in an advisory the Advisory Board.

Radebe claims of set of and compensation

§ 6 compensation and Radebe set demands is not applicable on the basis of this Act.

§ 7. As far as this federal law to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons, the respective gender-specific form is to use.

Entry into force

§ 8. This federal law enters into force on March 1, 2012.

Enforcement

§ 9. The Federal Minister of Justice is entrusted with the execution of this Federal Act.

Fischer

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