Invalidation - And Rehabilitation Law 2011

Original Language Title: Aufhebungs- und Rehabilitierungsgesetz 2011

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8. Federal Act on the Repeal and Rehabilitation Act (repeal and Rehabilitation Act 2011)

The National Council has decided:

Retroactive annulment of judicial decisions and decisions

§ 1. (1) All judgments of the special and standing courts and the ordinary criminal courts, which are still in legal force until 12 March 1938, as well as the ordinary criminal courts against holders of official certificates or victims 'certificates under the Victims' Welfare Act, BGBl. No 183/1947, or persons entitled to an official certificate or an ID card according to the Victims ' Welfare Act, but have not submitted any request to it, or before the entry into force of the Victims Welfare Act Deceased who, at the time of their death, have fulfilled the conditions of the issuing of an official certificate or a certificate of proof at the time of their death, shall be deemed to have been retroactively deemed not to have taken place, to the extent that: because of acts that took place between 6 March 1933 and 12 March 1938 in the fight for a Independent, democratic and historic task of conscious Austria (§ 1 para. 1 of the Law of the Victims ' Welfare Act, BGBl. No 183/1947), or because of the expression of a political opinion directed to it.

(2) Any seizure which is still in force until 12 March 1938 and with which the holding has been ordered to stay in a certain place or territory (holding) shall be deemed to have retroactive effect, insofar as they are contrary to the provisions of paragraph 1 of this Article. Persons referred to in paragraph 1 of this Article have been issued.

Meeting

§ 2. If a court conviction also contains a guilty verdict on account of another act that does not fall under § 1 para. 1, this guilty verdict remains upright. The sentence is deleted. A reassessment of the penalty does not take place.

Application and competence

§ 3. (1) Those convicted by a criminal decision within the meaning of § 1 paragraph 1 and those who have been deprived of their personal liberty pursuant to § 1 (2) and the spouses, registered partners, life endangeres, Relatives in a straight line or siblings of such persons may request the determination that this decision shall be deemed not to have taken place.

(2) The existence of the conditions set out in § 1 shall be determined by a single judge with a decision by the Landesgericht für Criminal Court (Landesgericht) of Vienna.

(3) The Court of First Instance shall, before taking a decision, obtain an opinion from the Rehabilitation Advisory Board (§ 5) if it considers this to be necessary.

(4) As far as nothing else is determined, the provisions of the StPO shall apply to the procedure.

Rehabilitating

§ 4. (1) The exercise of state sovereignty at the legal disadvantage of those who have committed themselves in word and deed to an independent, democratic and historical task of conscious Austria (Section 1 (1) of the Victims ' Welfare Act, BGBl). Nr.183/1947), precisely because of these acts, contradicts democratic principles. In particular, judgements within the meaning of Section 1 (1) and the Judgments in the sense of Section 1 (2) are wrong in the sense of the rule of law.

(2) All persons convicted by a decision within the meaning of § 1 are rehabilitated to the extent of the annulment.

(3) All those who, between 12 November 1918 and 12 March 1938, committed themselves in word and deed to an independent, democratic and historical task of conscious Austria (Section 1 (1) of the Law of the Victims ' Welfare Act, BGBl). Nr.183/1947), is due to the respect of the Republic. Special compassion is due to those persons who have suffered damage to limb, life or freedom in violent political conflicts carried out by weapons.

Rehabilitation Advisory Council

§ 5. (1) A rehabilitation advisory board is to be established at the Federal Ministry of Justice. At the request of the court (Section 3 (3)), it is the responsibility of the latter to issue an opinion on the extent to which the act or act underlying a decision within the meaning of § 1 is in the fight for an independent, democratic and its the historical task of conscious Austria was, or was the expression of a political opinion that was directed towards it.

(2) The Advisory Board consists of six members and consists of two representatives of the Federal Ministry of Justice as well as two experts from the history of history and legal history, with the chairmanship of one of the two representatives of the Federal Minister for Justice of certain representatives of the Federal Ministry of Justice leads. The term of the advisory board is four years. At the end of the period of operation, the Advisory Board shall continue to do business until the new Advisory Council meets. The period of continuation of the business is counting on the functional period of the new advisory board.

(3) The members of the Advisory Board referred to in paragraph 2 as well as the required number of replacement members shall be appointed by the Federal Minister of Justice. The Federal Minister of Science and Research has to reimburse the proposals for the appointment of experts. He can listen to the history and jurisprudence in order to obtain additional information about the expertise in the perspective of people who have been taken into account. The Federal Minister for Justice has the members of the Advisory Board to be relieved of their duties if they seek to do so if one of the conditions required for their appointment is no longer met or if they fulfil the duties of their office In the latter case, the person entitled to the proposal must be heard before.

(4) Membership in the Advisory Board is an unrested honorary office. The members are to be charged with the replacement of travel and subsisting costs with the appropriate application of the provisions of the Fees Act, BGBl, which apply to Schöffen and jury. No. 136/1975, idF BGBl. I n ° 111/2010, if there is no similar claim under other statutory provisions.

(5) The Advisory Board shall be convened by the Chairman for the meetings. Invitations shall be sent on the agenda to the members of the Advisory Council no later than eight days before the meeting. The Advisory Council shall meet in a non-public meeting. It shall be quorum if at least half of the members invited are present. If the members have been duly invited, the Advisory Council shall also be eligible for a quorum if, after 30 minutes, less than half of the members invited are present. The decisions of the Advisory Council shall be taken with a majority of votes. The chairman shall give his voice last; in the case of a tie, his vote shall be taken. A minutes shall be recorded at the meeting of the Advisory Forum, which shall contain all the decisions in the text, the results of the votes and the main course of the negotiations; a copy shall be the members of the Advisory Council. submit. The Chairman shall be entitled to consult the Advisory Committee with a consultative vote.

Compensation and restitution claims

§ 6. Compensation and restitution claims cannot be levied on the basis of this law.

§ 7. In so far as the names referred to in this Federal Act on natural persons are listed only in male form, they refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

entry into force

§ 8. This federal law will enter into force on 1 March 2012.

Enforcement

§ 9. The Federal Minister of Justice is responsible for the enforcement of this federal law.

Fischer

Faymann