134. Federal Law, with which the Federal Law on Judicial Cooperation in Criminal Matters with the Member States of the European Union (EU-JZG), the extradition and legal aid law (ARHG) and the Federal Law on Cooperation with the International courts (EU-JZG-ÄndG 2011)

The National Council has decided:

table of contents

Article 1	Amendment of the EU-JZG
Article 2	Change of ARHG
Article 3	Amendment of the Federal Act on Cooperation with the international courts
Article 4	entry into force

Article 1

Amendment of the EU-JZG

The Federal Act on Judicial Cooperation in Criminal Matters with the Member States of the European Union (EU-JZG), BGBl. I n ° 36/2004, as last amended by the Federal Law BGBl. I n ° 112/2007, is amended as follows:

1. The table of contents shall be amended as follows:

(a) In the case of § 13, the turn "the Court of First Instance" .

(b) The table of contents of the first section of the III The main item is:

" First Section
Enforcement of foreign custodial sentences and preventative measures
First subsection
Enforcement of judgments of other Member States
§ 39.	Requirements
§ 40.	Inadmissibility of enforcement
§ 40a.	Responsibility
§ 41.	Detention for the purpose of securing enforcement
§ 41a.	Procedure
§ 41b.	Decision
§ 41c.	Postponing the decision on enforcement
§ 41d.	Time limits for decision
§ 41e.	Speciality
§ 41f.	Enforcement of enforcement
§ 41g.	Understanding of the issuing State
§ 41h.	Cost
§ 41i.	Passing through
§ 41j.	Cases of the European arrest warrant
Second subsection
Effect of enforcement in another Member State
§ 42.	Requirements
§ 42a.	Role of the Anstaltsconductor
§ 42b.	Referral to another Member State
§ 42c.	Revocation of the referral
§ 42d.	Enforcement in the country
§ 42e.	Implementation of the transfer
§ 42f.	Assent to prosecution and punishment for further offences
§ 42g.	Effect of transit "

c) In the table of contents of III. The main part will be the guidance of the Fifth Section and Section 54.

d) In the table of contents of the first section of the IV. The main item is inserted in accordance with § 57 of the following § 57a and headline:

" § 57a.Assent for the transmission of data and results of an investigation by

the security authorities "

e) In the table of contents of the seventh section of the IV. Main item is inserted before § 75:

"First Subsection"

f) In the table of contents of the seventh section of the IV. Main item is inserted before § 76:

"Second Subsection"

g) In the table of contents of the seventh section of the IV. The main part shall be replaced by the performance of the previous section 77, together with the heading; it shall be inserted in accordance with § 76 of the following new subsection:

" Third Subsection
Collection of criminal records of nationals of other Member States
§ 77.	Requirements
§ 78.	Content and form of the request
§ 79.	Business Path
§ 80.	Conditions for the use of personal data "

(h) The following new item shall be inserted in the table of contents according to § 80:

" V. Main item
Conclusion, entry into force and transitional provisions
§ 81.	References
§ 82.	Entry into force-and transitional provisions on the main version
§ 83.	Entry into force and transitional provisions on novellas
§ 84.	Enforcement "

(i) At the end of the table of contents is added:

" Annex VII

Certificate pursuant to Article 4 of Council Framework Decision 2008 /909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing a custodial sentence or measure for the purpose of their application Enforcement in the European Union

Annex VIII

Form to inform the convicted person

Annex IX

Form in accordance with Articles 6, 7, 8, 9 and 10 of Council Framework Decision 2009 /315/JHA on the implementation and content of the exchange of information from the criminal record between Member States

2. § 2 shall be amended as follows:

(a) Z 3 shall read as follows:

" 3.		"State of issue" means the State whose judicial authority has issued the European Arrest Warrant or the State in which a judgment has been issued which imposes a custodial sentence or a preventive measure associated with deprivation of liberty. "

(b) Z 7 shall be the following. (e) added:

" e)			that a sentence of a custodial sentence or a preventive measure involving deprivation of liberty has been passed for the purpose of enforcement; "

3. § 11 reads as follows:

" § 11. (1) On the basis of a European arrest warrant, the surrender for the execution of a custodial sentence imposed in absentia or for the enforcement of a preventive measure arranged in absentia, which is linked to deprivation of liberty, shall be if it is clear from the certificate that the person concerned is in accordance with the procedural rules of the issuing State

1.		in the timely manner, by personal summons or in any other way from the time and place of the hearing which led to the decision, and has been informed that the judgment may be delivered in its absence,
2.		having regard to the trial in question, a defender, himself elected or appointed by the court, has been entrusted with his representation in the trial and was actually represented in the trial by the court,
3.		After notification of the judgment delivered in absentia and after notification of the right to seek the re-conduct of the trial or to take an appeal, and in that way to re-examine the facts, including: consideration of new evidence, in its presence and a lifting of the decision to be reached,
a)			was expressly declared not to apply for a re-implementation of the trial or to take any legal action; or
b)			no application of the trial has been requested or an appeal has not been taken within the existing time limits; or
4.		the judgment has not been delivered in person but received in person immediately after his surrender, and expressly of his right to request the re-execution of the trial or to have an appeal. , and in this way to reach a new examination of the facts, including in the light of new evidence, in its presence and a lifting of the decision, and the time-limits for it will be informed.

(2) If, in the case referred to in paragraph 1 (1) (4), the person concerned has not previously been officially informed that criminal proceedings are pending against him in the issuing State, he may, on the occasion of the hearing on the European arrest warrant, have the right to issue the suspended sentence request the issuing of a judgment before it is handed over, which shall be annexed by the issuing judicial authority. Such a request shall be without prejudice to the time limits set out in § § 21 and 24, nor to those for a request for the re-implementation of the trial or for the seizure of a legal remedy. If the judgment is not written in a language which is understood by the person concerned or is accompanied by a translation into such a language, the issuing judicial authority shall be accompanied by a translation of at least the verdict of the judgment and the To request legal instruction. "

4. In § 21 (1), the reference " 6 first to fifth set ARHG " by reference " 6 first to third set ARHG " replaced.

5. In § 29 (1), the turn-of-the- "on the basis of a judicial authorisation, the arrest by means of a European arrest warrant" through the turn "arrest by means of a European arrest warrant approved by a court of law" replaced.

6. In § 32 (4), the words "or the execution of a foreign court decision" .

7. The First Section of the III. The main item is the title as follows:

" First Section

Enforcement of custodial sentences and preventive measures associated with deprivation of liberty

First subsection

Enforcement of decisions of other Member States

Requirements

§ 39. (1) A life sentence or period of imprisonment imposed by a court of another Member State on a natural person, either in the issuing State or in the national territory, by a court of another Member State after the criminal proceedings have been carried out. or preventive action associated with deprivation of liberty shall be carried out in accordance with the provisions of this Subsection, subject to the following conditions:

1.		regardless of the consent of the convicted person, if he/she has the Austrian nationality and he/she
a)			has his residence or permanent residence in the territory of the country, including the case that he or she is resident in the place of residence or permanent residence with a view to the criminal proceedings pending against him in the issuing State or in that State; fled or otherwise returned, or
b)			on the basis of an expulsion order, a removal order or a ban on residence, whether in the judgment or in a judicial or administrative decision taken as a result of the judgment shall be deported to Austria after the completion of the enforcement of the criminal or measures enforcement procedure; or
2.		with the consent of the convicted person and only in relation to those Member States which have made a statement in that respect if the convicted person does not have the Austrian citizenship but has been uninterrupted for at least five years is legally resident in the country and does not lose its right of permanent residence or long-term residence in Austria on the basis of the conviction; or
3.		with the consent of the convicted person, if, on the basis of certain circumstances, there are ties of the convicted person to Austria of such intensity that it is to be assumed that the enforcement in the country of facilitation of resocialisation and of the Reintegration of the convicted person into the company, even if the conditions under Z 1 and 2 are not met.

(2) The Federal Minister for Justice has to declare by means of a regulation which Member States have made a declaration pursuant to paragraph 1 (1) (2).

Inadmissibility of enforcement

§ 40. The execution of a custodial sentence handed down by a court of another Member State or a preventive measure involving deprivation of liberty is inadmissible even if the conditions laid down in Article 39 (1) are fulfilled.

1.		if the act on which the judgment is based is not punishable by law in accordance with Austrian law; for fiscal offences, § 12 shall apply mutatically;
2.		if, at the time of the submission to the competent court of the documents referred to in § 41a (1), less than six months of the sentence of imprisonment imposed or preventive measures relating to deprivation of liberty are to be carried out;
3.		if the act on which the judgment is based was committed entirely or for a large or substantial part in the territory of the country or on board an Austrian vessel or aircraft, and the public prosecutor's office has decided to take the proceedings in respect of: to cease the same act or to put the person out of persecution;
4.		if, in respect of the offence to which the judgment is based, the convicted person has received a final judgment in the territory of the country or a final judgment which has already been passed in another Member State;
5.		if the act on which the judgment is based was committed by a person who, under Austrian law, was at the time of the offence;
6.		if the enforceability of the custodial sentence or the preventive measure associated with deprivation of liberty is statute-barred in accordance with Austrian law;
7.		in so far as the convicted person has been granted amnesty or pardon in the country of the issuing State or in the issuing State;
8.		in so far as enforcement would be contrary to provisions relating to immunity;
9.		if the judgment is delivered in the absence of the convicted person, unless it is clear from the certificate that it is in accordance with the procedural rules of the issuing State
a)			in the period of time and place of the hearing which has led to the judgment, has actually become known and has been informed that the decision may be taken in his absence; or
b)			having regard to the trial in question, a defender, himself elected or appointed by the court, has been entrusted with his representation in the trial and has actually been represented at the trial; or
c)			After notification of the judgment delivered in absentia and after notification of the right to seek the re-conduct of the trial or to take an appeal, and in this way to re-examine the facts, including the consideration of new evidence, in its presence and a lifting of the decision to be reached,
aa)				was expressly declared not to apply for a re-implementation of the trial or to take any legal action, or
bb)				no application of the trial has been requested or an appeal has not been taken within the existing time limits;
10.		if the sentence of imprisonment imposed includes a preventive measure associated with deprivation of liberty, which does not execute in Austria, even in the light of the possibility of reduction or adaptation provided for in § 41b (3) and (4) can be used;
11.		if the issuing State, in respect of a request made pursuant to Section 41e (4), has its consent required in accordance with Section 41e (2) (7) of this Article, to a request made pursuant to Section 41e (4), the convicted person shall be refused in the territory of the country for a the transfer of a crime other than the one on which the transfer is based shall be prosecuted, convicted or subjected to the execution of a custodial sentence or a preventive measure related to deprivation of liberty; or
12.		if there are objective indications that the judgment has been given in breach of fundamental or fundamental principles of law within the meaning of Article 6 of the Treaty on European Union, in particular the custodial sentence or the preventive measure associated with deprivation of liberty for the purpose of punishing the convicted person on grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinion or sexual orientation; the convicted person has not been able to These circumstances shall be invoked before the European Court of Human Rights or before the Court of Justice of the European Union.

Responsibility

§ 40a. (1) The Regional Court shall be competent to decide on the execution of the custodial sentence or the preventive measure associated with the deprivation of liberty. If the extent of the custodial sentence to be executed or the preventive measure associated with deprivation of liberty is at least five years, the Regional Court shall decide as Senate of three judges (Section 31 (6) of the StPO).

(2) The local jurisdiction shall be determined by the place in which the sentenced person is domicated or resident; if it is in legal custody in the territory of the country, the place of detention shall be determined. If, according to these provisions, the jurisdiction of a particular court is indeterminable, the Landesgericht für Criminal Court (Landesgericht) in Vienna is responsible.

(3) Where the court which has been referred to the law is not competent, it shall take the matter to the competent court.

Detention for the purpose of securing enforcement

§ 41. ( 1 ) A In case of application by the Public Prosecutor's Office, the Court of First Instance may impose the sentence on the convicted person prior to the transmission of the judgment, together with the certificate or before the decision on enforcement for the purpose of securing enforcement, if:

1.		a corresponding request from the issuing State is available, the convicted person is resident in the country and the execution does not appear to be inadmissible from the outset;
2.		there is an urgent suspicion, on the basis of certain facts, that the convicted person will be withdrawn on account of the extent of the custodial sentence to be executed or a preventive measure involving deprivation of liberty; and
3.		the consent of the convicted person is not required for domestic enforcement.

(2) The procedure for the imposition, continuation and cancellation of a detention in accordance with paragraph 1 of this article shall apply mutalogically to the provisions relating to pre-trial detention after the prosecution has been filed (Section 175 (5) of the StPO). In any event, it shall be repealed if the period in accordance with Section 41a (4) has expired or the execution is terminated (Section 41f).

Procedure

§ 41a. (1) Enforcement shall require that the Court of First Instance

1.		the judgment to be carried out;
2.		the certificate signed by the competent authority of the issuing State (Annex VII) and, unless the issuing State has made the declaration, to accept certificates as a executing State in German as well (Section 42b (5)), the translation of which shall be translated into the German language;
3.		the opinion of the convicted person for the transmission of the documents referred to in Z 1 and 2, or the protocol recorded with that document; and
4.		in the event that the convicted person is already in the country, the completed form to inform the convicted person (Annex VIII)
shall be forwarded.

(2) In the event of the conditions laid down in Article 39 (1), the domestic court may request the competent authority of the issuing State, where appropriate, at the request of the convicted person, to transmit the documents referred to in paragraph 1.

(3) In the cases referred to in Article 39 (1) (3), the Court of First Instance first held consultations with the competent authority of the issuing State on the existence of the conditions set out in this provision. If, on the basis of the outcome of the consultations, the Court of First Instance has satisfied itself that enforcement in the country serves to facilitate the reintegration and reintegration of the convicted person into society, the competent authority shall: inform the issuing State without delay that the documents referred to in paragraph 1 may be forwarded.

(4) If

1.		the certificate has not been transmitted, is incomplete in substantial parts or appears to be contrary to the judgment; or
2.		there are indications that the conditions pursuant to section 39 (1) do not exist or that one of the reasons cited in § 40 Z 3, 4, 9, 10 and 12 is in favour of the inadmissibility of enforcement,
the competent authority of the issuing State shall, within a reasonable period to be determined, request the issuing, completion or supplementary information to be accompanied by a notice stating that, in the event of a fruitless expiry of the period, enforcement shall be fully enforced. or in part refused and the convicted person will be released.

(5) Before the decision is taken, the competent authority of the issuing State shall, where appropriate, submit a reasoned opinion that the execution of the custodial sentence or the preventive measure associated with deprivation of liberty shall be submitted to the In the cases referred to in Article 39 (1) (1) (2) and (2), it is not intended to facilitate the reintegration and reintegration of the convicted person into society, in particular because his or her family members are in the issuing State or in another country. (Member) State are resident or because the convicted person is in the issuing State or in another (Member) State of employment. If the competent authority of the issuing State, after considering this opinion, informs the issuing State that the certificate is not withdrawn, the execution shall be carried out in the presence of the other conditions.

(6) Prior to the decision on the partial inadmissibility of enforcement, the competent authority of the issuing State shall request a communication on whether and, where appropriate, under what conditions the partial enforcement shall be consented to or whether the certificate is withdrawn.

(7) In deciding on the inadmissibility of enforcement for the purposes of Article 40 (3), account must be taken, in particular, of whether the act on which the judgment is based is to a large or a substantial part of the territory of the The issuing State.

(8) On the conditions of enforcement (§ § 39 and 40), the convicted person shall be subject to the completion of the completed form after Annex VIII , provided that it is domestic.

(9) § 14 (1) to (5) shall apply mutatily to the business route.

Decision

§ 41b. (1) The decision shall be taken by decision on enforcement. The decision shall have the name of the court whose judgment is being enforced, its reference number, a brief description of the facts, including the place and time of the act, the name of the offence and the application of the offence. to contain the legislation of the issuing State.

(2) Where enforcement is assumed, the custodial sentence or the preventive measure relating to the deprivation of liberty shall be determined in the manner and duration of the preventive measure to be carried out in the territory to be enforced in the territory of the Member State in which he is to be held, subject to the provisions of paragraphs 3 and 4. the judgment which has been carried out. § § 38 and 66 StGB are valid.

(3) In cases where the sentence of imprisonment or the preventive measure involving deprivation of liberty exceeds the maximum permitted under Austrian law for a corresponding offence or for comparable offences, it shall be referred to: to reduce the maximum amount provided for in Austrian law for such offences.

(4) Where the sentence of imprisonment or preventive measure linked to deprivation of liberty is not compatible with Austrian law in its manner, it shall be subject to the provisions of Austrian law applicable to similar offences A custodial sentence or a preventive measure associated with deprivation of liberty shall be adapted. The appropriate custodial sentence or preventive measure associated with deprivation of liberty must, as far as possible, comply with the sanction imposed in the issuing State and shall not aggravate it.

(5) The Public Prosecutor's Office and the convicted person shall be open to the Oberlandesgericht (Higher Regional Court) within 14 days against the decision.

(6) The provisions of Austrian law shall apply to the enforcement, the conditional release and the right of grace.

Postponing the decision on enforcement

§ 41c. The decision on the execution of a custodial sentence or of the preventive measure associated with deprivation of liberty shall be suspended,

1.		as long as a admissible complaint (Section 41b (5)) has not been passed in a legally binding manner;
2.		for the duration of the translation of the judgment to be executed by the Court of First Instance, to the extent that it is to be justified;
3.		until the supplementary information or documents sought by the competent authority of the issuing State have been received.

Time limits for decision

§ 41d. If there is no reason for postponing the decision on enforcement in accordance with Section 41c, the competent court must decide on enforcement within 90 days from the date of the documents referred to in § 41a (1). If, in exceptional circumstances, this period cannot be complied with, the Court of First Instance shall inform the competent authority of the issuing State, stating the reasons and the time which is likely to be required for a final decision. .

Speciality

§ 41e. (1) A person who has been transferred to Austria in accordance with the provisions of this Section for the execution of the custodial sentence imposed on him in the issuing State or a preventive measure related to deprivation of liberty may, subject to the provisions of this Section, be subject to: of paragraph 2, in respect of an act other than that which underlies the transfer before its transfer, neither pursues nor condemns the execution of a custodial sentence or a deprivation of liberty, will be subject to preventive action.

(2) The speciality of the transfer shall not apply if:

1.		the convicted person did not leave the territory of the Republic of Austria within 45 days of his final release, despite the fact that he was able to leave and was allowed to leave;
2.		the convicted person has left the territory of the Republic of Austria and has returned voluntarily or is lawfully returned from a third country;
3.		the action to be taken is not punishable by a custodial sentence or a preventive measure linked to deprivation of liberty or the prosecution does not lead to the application of a measure restricting personal freedom;
4.		A penalty or measure not linked to deprivation of liberty, in particular a fine or an order of property, shall be enforced against the convicted, even if such enforcement is carried out, in particular by the enforcement of a A substitute custodial sentence, which leads to a restriction of personal freedom;
5.		the convicted person has consented to the transfer;
6.		the convicted person expressly renouncing compliance with the principle of speciality after surrender; or
7.		the competent authority of the issuing State shall agree to the prosecution, conviction or execution of the custodial sentence or the preventive measure associated with deprivation of liberty.

(3) The waiver of respect for the principle of the speciality referred to in paragraph 1 Z 6 shall only be effective if it is administered by the convicted court to the protocol. In doing so, he is to be lecturing about the effects of the waiver and to point out that he is free to communicate with a defender before.

(4) The request for consent pursuant to paragraph 1 (1) (7), to which a translation into or one of the official languages of the executing State is to be attached, subject to the provision of section 30 (3), shall be subject to the information provided by a European Arrest warrant after Annex II to be included. It may be accompanied by an indication that consent shall be deemed to be granted if the competent authority of the issuing State does not transmit a decision or any other reply within 30 days of receipt of the request.

Enforcement of enforcement

§ 41f. The competent authority of the issuing State shall inform the issuing State that the sentence imposed by a custodial sentence or a preventive measure involving deprivation of liberty or its enforceability has been repealed or that the Enforcement shall cease to be sought for any other reason, the enforcement shall be suspended; the same shall apply in the event of withdrawal of the certificate. (Annex VII) by the competent authority of the issuing State.

Understanding of the issuing State

§ 41g. The Court of First Instance shall immediately inform the competent authority of the issuing State, in accordance with Article 14 (3) thereof,

1.		if it issues the matter to the competent court (Section 40a (3));
2.		the corresponding request in the certificate, the provisions of the Austrian law relating to the conditional release, indicating the earliest possible date and the duration of the probational period;
3.		if the sanction cannot be carried out, because the convicted person is no longer able to be found in Austria after the transmission of the documents referred to in § 41a (1);
4.		on the final decision on enforcement, stating the date of validity;
5.		where enforcement is refused in whole or in part, giving the reasons;
6.		if the custodial sentence or the preventive measure associated with deprivation of liberty is reduced or adjusted, giving the reasons (§ 41b (3) and (4));
7.		if the sanction is not carried out on account of an amnesty or pardon granted to the convicted;
8.		if the convicted person has fled from prison before the end of the execution; or
9.		if the sanction has been carried out.

Cost

§ 41h. The costs incurred by the execution of a foreign judgment, with the exception of the costs of transfer of the convicted person to Austria and the costs incurred exclusively in the territory of the issuing State, shall be borne by the Confederation .

Passing through

§ 41i. (1) The transit of a convicted person through the territory of the Republic of Austria to another Member State shall be carried out on the basis of a request previously made, accompanied by a copy of the certificate. (Annex VII) , and which may be forwarded to the manner referred to in Article 14 (3).

(2) If the certificate is not accompanied by a translation into the German language, the Member State requesting the transit may be requested to submit a translation of the certificate into the German or English language.

(3) The transit shall not be subject to authorisation if the airway is used and an intermediate landing in the territory of the Republic of Austria is not provided for. In the case of an unscheduled stopover, the transit shall be based on a request to be transmitted by the issuing State within 72 hours, which shall be accompanied by a copy of the certificate. (Annex VIII) , paragraph 2 shall apply.

(4) A domestic criminal claim against the person to be carried through is not contrary to the transit of the person. However, in such a case, the Public Prosecutor's Office must consider whether there is reason to request the person to be handed over or the executing State to take over the prosecution or the execution of the domination of the territory in the country. a custodial sentence or a preventive measure imposed by a deprivation of liberty.

(5) The Federal Minister for Justice, in agreement with the Federal Minister for the Interior, shall decide on the transit of transit within 7 days after the request has been received. The decision shall be postpone to the time of the translation of the translation sought in accordance with paragraph 2. It shall be sent directly to the competent authority of the requesting State in accordance with the manner referred to in Article 14 (3).

(6) For the duration of the transit, the sentenced person shall be held in detention. § 49 ARHG shall apply mutasensitily to the implementation of the transit.

(7) The requesting Member State shall be requested to replace the costs of transit through the territory of the Republic of Austria, unless it would bear the costs of a similar Austrian request itself. In case of doubt, the Federal Minister of Justice will be able to obtain information on reciprocity.

Cases of the European arrest warrant

§ 41j. The provisions of this subsection, with the exception of § § 39, 40, 41 (1) and (3), 41a (1), (3) and (2) to (8), with regard to cases after Z 2, also with the exception of § 41e, shall also apply, with the proviso that enforcement shall apply to: the case of the non-timely submission, completion or correction of the certificate (Annex VII) shall not be refused:

1.		if an Austrian judicial authority is requested to execute a European arrest warrant against an Austrian citizen in order to execute a custodial sentence or a preventive measure linked to deprivation of liberty and all other requirements for the transfer of the person concerned under the II. the main part of this federal law, or
2.		If the execution of a European arrest warrant against an Austrian citizen is subject to the condition of a return to the execution of the custodial sentence imposed by the court of the issuing State or of the deprivation of liberty (§ 5 (5)).

Second subsection

Effect of enforcement in another Member State

Requirements

§ 42. (1) The execution of a life-long or temporal sentence imposed by a national court after the conduct of criminal proceedings relating to a natural person, either domestically or in the executing State, has been passed on to the courts. A custodial sentence or a preventive measure associated with deprivation of liberty, in another Member State, shall be subject to the following conditions in accordance with the provisions of this Subsection:

1.		irrespective of the consent of the convicted person and the executing State, if the convicted person has the nationality of the executing State, and
a)			has his residence or permanent residence in the executing State, including the case that he/she is a permanent residence or permanent residence with a view to the criminal proceedings pending against him or her domestiy or the judgment in the country fled or otherwise returned, or
b)			on the basis of an expulsion order, a removal order or a ban on residence, whether in the judgment or in a judicial or administrative decision taken as a result of the judgment shall be deported to the executing State after the end of the prison sentence;
2.		with the consent of the convicted person and, where the executing State has made a corresponding declaration, if the convicted person does not have the nationality of the executing State, but has been uninterrupted for at least five years legal residence in that State and its right to permanent or permanent residence; is not lost on long-term residence in the executing State on the basis of the conviction; or
3.		with the consent of the convicted person and the competent authority of the executing State, if, on the basis of certain circumstances, the convictions of the convicted to the executing State are subject to the conditions laid down in Z 1 and 2, notwithstanding the non-compliance with the conditions laid down in There is an intensity of the assumption that enforcement in that State is intended to facilitate the social reintegration of the convicted person.

(2) The Federal Minister for Justice has to declare by means of a regulation which Member States have made a declaration pursuant to paragraph 1 (1) (2).

Role of the Anstaltsconductor

§ 42a. The head of the institution shall, without unnecessary delay after his delivery, have a copy of his declaration on the effect of enforcement with a convicted person in which the conditions pursuant to § 42 are available or are likely to exist. to take up the sentence of imprisonment imposed or the preventive measure associated with deprivation of liberty in the executing State. The minutes shall record the exact place of residence or permanent residence of the convicted person in the executing State and, if appropriate, indicate whether an expulsion decision is already taken against the convicted person on the basis of the national judgment, or a deportation order has been issued or a ban on residence has been imposed. The minutes are to be submitted to the Federal Ministry of Justice for the purpose of checking the effect of enforcement.

Referral to another Member State

§ 42b. (1) Upon presentation by the Head of the Office of the document referred to in § 42a of the document, the Federal Ministry of Justice has to examine whether the conditions pursuant to § 42 are available or are likely to be available. Where appropriate, the competent authority of the executing State shall be responsible for the execution of the sentence of imprisonment imposed or of the preventive measure associated with deprivation of liberty.

(2) Before transmitting the documents referred to in paragraph 4, the Federal Ministry of Justice shall consult the competent authority of the executing State in any appropriate manner in order to obtain the consent required in accordance with Section 42 (1) Z 3. It has to explain the reasons why the execution of the sentence of imprisonment or the preventive measure associated with deprivation of liberty in the executing State is to facilitate the reintegration and reintegration of the Convicted of serving in society.

(3) The effect of the execution of the sentence imposed or the preventive measure taken with deprivation of liberty in the executing State may be waived on a case-by-case basis if, on the basis of certain circumstances, the relationship between the Convicted to Austria of such intensity that it is to be assumed that the execution of the sentence of imprisonment or of the preventive measure associated with deprivation of liberty shall be deemed to be the facilitation of the Resocialisation and reintegration of the convicted person into society.

(4) The Federal Ministry of Justice shall have the competent authority of the executing State

1.		the judgment and translation, provided that such a translation has already been made for the foreign convicted in the domestic proceedings;
2.		a completed and signed certificate (Annex VII) with the request for notification of the applicable provisions of the executing State concerning the dismissal or early dismissal of the executing State and, if the executing State has not declared, the acceptance of certificates in the German language, the translation into an official language of the executing State or into another language accepted by that State;
3.		the minutes of the declaration of the convicted person in accordance with section 42a; and
4.		in the event that the convicted person is already in the executing State,
the completed form to inform the convicted person (Annex VIII) shall be transmitted.

(5) Where the competent authority of the executing State does not consider the certificate to be sufficient for the decision on enforcement, the competent authority of the executing State shall, at the request of the competent authority, carry out a translation of the judgment or the essential parts thereof. to the official language or one of the official languages of the executing State or to any other official language of the institutions of the European Union accepted by that State; the essential parts of the judgment, if any, to be translated shall be the subject of consultations by the competent authority of the The executing State shall be notified. A request for translation of the judgment or of the essential parts of it shall only be considered if a corresponding declaration has been made by the executing State.

(6) A request from the competent authority of the executing State or of the convicted person for the transmission of the documents referred to in paragraph 4 does not constitute an obligation to transmit them.

(7) Where the competent authority of the executing State, after transmission of the documents referred to in paragraph 4, provides a reasoned opinion stating that the execution of the sentence of imprisonment or of the deprivation of liberty shall be the subject of a reasoned opinion. the preventive measure in the executing State in the cases under § 42 (1) Z 1 and 2 does not serve to facilitate the resocialization and reintegration of the convicted person into society, the Federal Ministry of Justice has to consider the reason for the withdrawal of the certificate (Annex VII) . The competent authority of the executing State shall be informed of the outcome of the examination, stating the reasons for its decision.

(8) § 14 (1) to (5) shall apply mutatily to the commercial transactions. If the judgment and the certificate have not been sent by post, the competent authority of the executing State shall, at the request of the latter, be issued with a copy or certified copy of the judgment and the original of the certificate. to postpone the post.

(9) The simultaneous referral of another Member State with enforcement is inadmissible.

(10) The decision on the effect of enforcement in the executing State shall be the case of the convicted person in the territory of the country in a language which he/she understands, using the completed form in accordance with Annex VIII .

(11) By means of a regulation, the Federal Minister for Justice has to show which Member States accept which official languages (paragraph 1). 4 (2) and which Member States have made the declaration referred to in paragraph 5.

Revocation of the referral

§ 42c. The Federal Ministry of Justice shall immediately inform the competent authority of the executing State thereof if:

1.		the sentence imposed by the custodial sentence or the preventive measure associated with deprivation of liberty, or its enforceability subsequently revoked, amended or the extent of the custodial sentence or the extent of the custodial sentence, or prevention of deprivation of liberty has been reduced;
2.		Enforcement for other reasons, such as the fact that the convicted person would be dismissed in accordance with the applicable provisions of the executing State over the conditional or early dismissal prior to serving two-thirds of the sentence imposed, not is more sought-after and therefore the certificate is withdrawn.

Enforcement in the country

§ 42d. (1) As soon as the execution of the custodial sentence or the preventive measure associated with deprivation of liberty has been commenced in the executing State, its further enforcement shall be inadmissible in the country.

(2) However, the enforcement procedure may continue,

1.		after the competent authority of the executing State has been informed that enforcement is no longer sought after;
2.		after the competent authority of the executing State has notified that the sanction has not been fully enforced as a result of the flight of the convicted person from the prison sentence before the end of the enforcement;
3.		if the sanction in the executing State could not be enforced, because the convicted person could not be found in the same.

Implementation of the transfer

§ 42e. (1) If the convicted person is in Austria, it shall be in a date to be agreed with the competent authority of the executing State, but no later than 30 days after the judgment of the decision on the execution of the person in question shall be taken into account in the To supersede the executing State.

(2) If the transfer within the period referred to in paragraph 1 is not possible due to unforeseen circumstances, the competent authority of the executing State shall be informed without delay. In such a case, the transfer shall take place within 10 days of the new date agreed upon with the competent authority of the executing State after the removal of the obstacle.

Consent to prosecution, conviction or sentence for further offences

§ 42f. (1) The prosecution or sentencing of the convicted person on the basis of an act other than the one on which the transfer is based and the execution of a custodial sentence imposed on such an act before the surrender or a preventive measure associated with deprivation of liberty shall be approved by the Court of First Instance at the request of the competent authority of the executing State, where appropriate in accordance with the provisions of sections 5 (5) and 11 (3) of the Treaty, if the conditions for a transfer under the II. The main part of this federal law is available. The decision shall be taken no later than 30 days after the date of the request for a request.

(2) The request shall be subject to the relevant information provided by a European Arrest Warrant Annex II , and must be provided with a translation into the German language, subject to the provision of Section 30 (3).

Effect of transit

§ 42g. (1) If, on the basis of a judgment handed down by a national court, there are grounds for the transit of the convicted person by another Member State, the Federal Ministry of Justice has a request for transit, which is referred to in Article 14 (3) (3) of the German Law on the Enforcement of the Sentenced can be submitted by means of a copy of the certificate (Annex VII) shall be sent to the competent authority of the Member State concerned.

(2) A translation of the certificate into one of the languages to be issued in the request for authorisation of transit shall be accompanied by a request from the Member State requested for the authorisation of the transit authorization. Member State shall accept it. "

8. § § 43 and 44 are repealed.

9. In § 49 the turn becomes "Third sentence" through the turn "second sentence" replaced.

10. § 52a (1) Z 8 reads as follows:

" 8.		if the investment in property has been issued in the absence of the person concerned, unless it is in accordance with the procedural rules of the issuing State
a)		in the event of a personal charge or otherwise of the time and place of the hearing which has led to the asset-legal order, it has actually been informed and has been informed that the asset-law order in of its absence;
b)		having regard to the trial in question, a defender, himself elected or appointed by the court, has been entrusted with his representation in the trial and has actually been represented at the trial; or
c)		After notification of the property rights order in absentia and after notification of the right to apply for the re-conduct of the trial or to take an appeal, and in this way to re-examine the facts, including in the light of new evidence, in its presence and a lifting of the decision to be reached,
aa)				has expressly declared not to apply for a re-implementation of the trial or to take any legal action; or
bb)				have not applied for a re-implementation of the hearing within the existing deadlines or have not taken any legal action. "

11. In Section 52b (1), the turn shall be "the Court of First Instance" through the turn "the regional court" replaced.

12. In § 52d para. 3, the turn shall be "the Court of Second Instance" through the turn "the Higher Regional Court" replaced.

13. § 53a Z 10 reads as follows:

" 10.		if the decision has been taken in the absence of the person concerned, unless it is in accordance with the procedural rules of the issuing State
a)		in the timely manner, by personal summons or by any other means of the time and place of the hearing which led to the decision, has actually become aware and has been informed that the decision may be taken in his absence;
b)		having regard to the trial in question, a defender, himself elected or appointed by the court, has been entrusted with his representation in the trial and has actually been represented at the trial; or
c)		After notification of the decision taken in absentia and after notification of the right to seek the re-conduct of the trial or to take an appeal, and in this way to re-examine the facts, including consideration of new evidence, in its presence and a lifting of the decision to be reached,
aa)				was expressly declared not to apply for a re-implementation of the trial or to take any legal action; or
bb)				have not applied for a re-implementation of the hearing within the existing deadlines or have not taken any legal action. "

14. In § 53a the following Z 10a is inserted after Z 10:

" 10a.		if the decision has been taken in the absence of the person concerned, unless the person concerned has expressly declared, after having been expressly informed of the proceedings and the possibility of appearing in person at the hearing, the right to to waive oral hearing and not take legal action against the decision. "

15. In § 53b (1), the turn "the Court of First Instance" through the turn "the regional court" replaced.

16. In Section 53d (4), the turn shall be "the Court of Second Instance" through the turn "the Higher Regional Court" replaced.

17. § 54 shall be accompanied by the title "Fifth Section-Enforcement of Custodial Sentences and Preventive Action" repealed.

18. According to § 57, the following § 57a and heading is inserted:

" Consent to the transmission of data and results of an investigation by the security authorities

§ 57a. (1) The Public Prosecutor's Office (para. 5) to authorise a domestic safety authority, at its request, to the competent safety authority of another Member State, at its request, data and other results from a domestic criminal procedure, which is carried out by an investigation , which have been concretely arranged or approved by the Public Prosecutor's Office (§ 102 StPO) or carried out by itself (Section 103 (2) of the StPO), without submitting a request for legal assistance to a judicial authority,

1.		where the request relates to a criminal offence punishable under Austrian law by a custodial sentence or by a preventive measure associated with deprivation of liberty for a maximum of more than one year; and
2.		if it does not endanger the purpose of ongoing investigations or the safety of persons.

(2) The authorisation shall not be considered in so far as the data or the results of the investigation have been obtained by means of investigations which require a judicial authorisation (Section 105 (1) of the StPO). The transmission of such information shall be admissible only on the basis of a judicial assistance request by a judicial authority.

(3) The transmission shall also be authorised without the existence of a request from a security authority of another Member State if, on the basis of certain facts, it is to be assumed that this means that the prosecution of a criminal offence is of considerable importance, which: one of the Annex I.A is to be classified, encouraged or prevented from committing such a crime.

(4) At the same time as the authorisation has been granted, the Public Prosecutor's Office shall give its consent to the use of the data transmitted and the results of an investigation as evidence in a criminal case in the requesting Member State.

(5) The Public Prosecutor's Office shall be responsible for the authorisation, in the course of which the criminal proceedings in which the investigation is conducted are or have been pending. "

19. In § 58 (2), the turn "by the competent court" through the turn "from the competent prosecutor's office" replaced.

20. Before § 75 is inserted:

"First Subsection"

21. Before § 76 is inserted:

"Second Subsection"

22. In accordance with § 76, the following subsection shall be inserted:

" Third Subsection

Collection of criminal records of nationals of other Member States

Requirements

§ 77. Where criminal records of a national of another Member State are required in a national criminal procedure, the central authority of that Member State shall be the subject of communication in accordance with the provisions of this subsection of a criminal record.

Content and form of the request

§ 78. (1) A request for the transmission of a criminal record of registration shall be made using the form according to Annex IX to this federal law and have to contain the information listed there.

(2) Requests for the transmission of criminal records shall be made in or in one of the official languages of the requested Member State.

(3) When Member States accept requests for the transmission of a criminal record in other languages other than their own, the Federal Minister for Justice shall be able to make this possible by means of a regulation.

Business Path

§ 79. (1) A request for the transmission of a criminal record information pursuant to this Federal Act shall be transmitted by the Criminal Records Office of the Federal Police Directorate (Bundespolice direktion Wien).

(2) Art. 13 in conjunction with Article 15 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, BGBl No 41/1969, remains unaffected.

Terms and conditions for the use of personal data

§ 80. Personal data obtained in accordance with the provisions of this Section may only be used for the purposes of the criminal proceedings for which they were requested. "

23. In accordance with § 80 is inserted:

" V. Main item

Conclusion, entry into force and transitional provisions "

24. The regulatory content of § 77 (9) is incorporated into a new § 81, which receives the title:

"referrals"

25. The previous paragraphs 1 to 7 of § 77 shall be included in paragraphs 1 to 7 in a new § 82, which shall receive the title:

"Entry into force-and transitional provisions on the basic version"

26. The second sentence of Section 82 (4) reads as follows:

" Such European arrest warrants shall apply to ARHG in the version in force at the time of the decision, at this point in time applicable law of the European Union as well as other intergovernmental agreements, which shall be adopted on 1 January 2008. Jänner 2004. "

27. In § 82 (6), after the word "Italy" the dash and the words "Luxembourg and Slovenia" .

28. The previous paragraphs 11 to 14 of § 77 shall be included in a new § 83 as paragraphs 1 to 4; the title shall be given the title:

"Entry into force-and transitional provisions on novellas"

29. In § 83, the following paragraphs 5 to 10 are added:

" (5) Subject to paragraph 7, sections 2, 11, 21 (1), 29 (1), 32 (4), 39 to 42g, 49, 52a (1) Z 8, 52b (1), 52d (3), 53a Z 10 and 10a, 53b Abs.1, and 53d (4) and (57a), and the Annexes II, V, VI, VII and VIII in the version of the Federal Law BGBl. I n ° 134/2011 with 1. Jänner 2012 in force. From that date onwards, the following international law shall be adopted in relation to those Member States which have already implemented the arrangements for the enforcement of foreign custodial sentences and preventive measures linked to the deprivation of liberty. Agreements are replaced by this Federal Act:

1.		the Convention on the transfer of convicted persons of 21 March 1983, ETS No 112, BGBl. No 524/1986, and the accompanying Additional Protocol of 18 December 1997, ETS No 167, BGBl. III No 26/2001;
2.		the Convention on the International Application of Criminal Parts of 28 May 1970, ETS No 70, BGBl. No 249/1980; and
3.		Title III, Chapter 5, of the Convention of 19 June 1990 on the implementation of the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders, BGBl. III No 90/1997.

(6) § § 77 to 80 as well as the Annex IX in the version of the Federal Law BGBl. I n ° 134/2011 will enter into force on 27 April 2012.

(7) In relation to Italy, § § 11, 40 Z 11, 52a (1) Z 8, 53a Z 10 and 10a as well as the Annexes II, V and VI in the version of the Federal Law BGBl. I n ° 134/2011 with 1. Jänner 2014 in force.

(8) The provisions of the First Subsection of the First Section of the III. The main part of the report shall be based on judgments and certificates Annex VII , which were received by the Austrian authorities before 5 December 2011, no application.

(9) In relation to Latvia, Lithuania, the Netherlands and Poland, the enforcement of custodial sentences and preventive measures associated with deprivation of liberty is aimed at and their effect in cases where the judgment before the expiry of the 5 December 2011, in accordance with the applicable provisions of the ARHG and the intergovernmental agreements in force at the time with the States concerned.

(10) In relation to Poland, in those cases where the judgment was delivered before the end of 5 December 2016,

1.		the admissibility of enforcement by way of derogation from § 39 (1) (1) (1) (lit) a and
2.		the effect of the enforcement by way of derogation from § 42 (1) (1) (1) (1) A
the consent of the convicted person.

30. The regulatory content of § 77 (10) is incorporated into a new § 84, which receives the title:

"Full Education"

31. In Annex II, the box d) is as follows:

" (d) indicate if the person has appeared in person for the trial that led to the decision: 1. ( Yes, the person has appeared personally at the trial that led to the decision. 2. ( No, the person has not appeared personally at the trial that led to the decision. 3. ( Please indicate the possibility of using one of the following options: ( 3.1a The person was personally summoned to the ........... (day/month/year) and informed of the date and place of the trial, which led to the decision, and informed that a decision was also made if it does not appear at the time of the trial; OR ( 3.1b The person has not been summoned in person, but in some other way has been officially informed of the scheduled date and place of the hearing which led to the decision, in a way that is without doubt , it was established that it was aware of the trial, and that it was informed that a decision may be taken even if it does not appear at the hearing; OR ( 3.2 The person has, in knowledge of the trial, a mandate to a legal councor appointed by the person concerned or by the State, to defend them at the trial, and is at the hearing of this In fact, legal aid has been defended; OR ( 3.3 the person has been notified of the decision on the .......... (day/month/year) and has been expressly informed of its right to a retrial or to an appeal to which the person may participate and in which the person concerned is entitled to the facts, including new evidence, will be re-examined and the original decision can be repealed, and the person has expressly stated that it does not address this decision; OR the person has no retrial within the period in force, or does not apply for appeal; OR ( 3.4 the person was not sent the decision in person, but - it shall be sent the decision in person immediately after the handover, and - when the decision is delivered, it shall be expressly informed of its right to a retrial or to an appeal to which the person may participate and in respect of which the facts, including new evidence, re-examined and the original decision to be repealed, and - it shall be informed of the time-limit on which it has the option of resuming the proceedings, or to apply for an appeal, which is .......... Days. 4. Please give us the possibility to use the option provided under points 3.1b, 3.2 or 3.3, as the appropriate condition has been met: ........................................................................................................................................................................................................................ "

32. In Annex V, the box j) shall be as follows:

" (j) Procedure which led to the confisation decision Indicate if the person has appeared in person for the hearing that led to the confiscation decision: 1. ( Yes, the person has appeared in person at the trial that led to the confiscation decision. 2. ( No, the person has not appeared in person at the hearing that led to the confisation decision. 3. ( Please indicate the possibility of using one of the following options: ( 3.1 a The person was personally summoned to ......... (day/month/year) and informed of the scheduled date and place of the hearing which led to the confisation decision, as well as informed that a the decision may be taken even if it does not appear at the hearing; OR ( 3.1b The person has not been summoned in person, but has in fact been officially informed of the scheduled date and place of the hearing which led to the confisation decision, in a way that: it has been established without doubt that it was aware of the trial, and it has been informed that a decision may be taken even if it does not appear at the hearing; OR ( 3.2 The person has, in knowledge of the scheduled trial, a mandate to a legal counselor who has been appointed either by the person concerned or by the State, to defend them at the trial, and is at the trial of this In fact, legal aid has been defended; OR ( 3.3 the person has been notified of the decision of confiscation on ......... (day/month/year) and it has been expressly informed of its right to a retrial or to an appeal to which the person may participate and in the case of: that the facts, including new evidence, will be re-examined and that the original decision can be repealed, and the person has expressly stated that it does not address this decision. OR the person has not applied for a retrial or an appeal within the period in force; 4. Please indicate to the possibility of crossing the possibility under points 3.1b, 3.2 or 3.3, how the relevant condition has been fulfilled: .............................................................................................................................................................................................................................. "

33. In Annex VI, box h) point 3 shall read as follows:

" 3. Indicate whether the person concerned has appeared in person at the trial that led to the decision: 1. ( Yes, the person has appeared personally at the trial that led to the decision. 2. ( No, the person has not appeared personally at the trial that led to the decision. 3. ( Please indicate the possibility of using one of the following options: ( 3.1 a The person was personally summoned to the ........ (day/month/year) and informed by the scheduled date and place of the trial, which led to the decision, as well as informed that a decision was also if it does not appear at the hearing; OR ( 3.1b The person has not been summoned in person, but in some other way has been officially informed of the scheduled date and place of the hearing which led to the decision, in a way that is without doubt , it has been shown that it was aware of the trial, as it has been informed that a decision may be taken even if it does not appear at the hearing; OR ( 3.2 The person has, in knowledge of the scheduled trial, a mandate to a legal counselor who has been appointed either by the person concerned or by the State, to defend them at the trial, and is at the trial of this In fact, legal aid has been defended; OR ( 3.3 the person has been notified of the decision on ..... (day/month/year), and it has been expressly informed of its right to a retrial or to an appeal to which the person may participate and in which the facts, including new evidence, are re-examined and the original decision can be repealed and the person has expressly stated that it does not encourage such a decision; OR the person has no retrial within the period in force, or does not apply for appeal; OR ( 3.4 the person concerned has expressly stated, after having been expressly informed about the proceedings and the possibility of appearing in person at the hearing, that he has waived the right to oral hearing and has expressly stated that he has expressly stated that: announced that it does not address the decision. 4. Please give us the possibility to use the option provided under points 3.1b, 3.2, 3.3 or 3.4, as the corresponding condition has been met: ....................................................................................................................................................................................................................... "

34. In accordance with Annex VI, the following Annexes VII to IX are added:

" Annex VII

Certificate pursuant to Article 4 of Council Framework Decision 2008 /909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing a custodial sentence or measure for the purpose of their application Enforcement in the European Union

[see the document "EU-JZG Annex VII"]

Annex VIII

Form to inform the convicted person

[see the document "EU-JZG Annex VIII"]

Annex IX

Form in accordance with Articles 6, 7, 8, 9 and 10 of Council Framework Decision 2009 /315/JHA on the implementation and content of the exchange of information from the criminal record between Member States

[see the document "EU-JZG Annex IX"] "

Article 2

Change of ARHG

The Federal Act of 4 December 1979 on extradition and mutual legal assistance in criminal matters (Extradition and Legal Assistance Act-ARHG), Federal Law Gazette (BGBl). No 529/1979, as last amended by the Federal Law BGBl. I n ° 112/2007, is amended as follows:

1. In § 37 Z 2, in the second sentence, the turn shall be "the Public Prosecutor's Office" through the turn "the court" replaced.

2. In § 38 (1), the reference "§ 37 Z 3" by the reference "§ 37 Z 2" replaced.

3. In § 39, at the end of the last sentence, the point shall be replaced by a stroke, and the following turn shall be added: "Paragraph 43 (2) of the StPO shall be applied mutasensitily."

4. § 67 (1) is amended as follows:

a. at the end of the first sentence, before the point, the words "or last had" inserted;

(b) the following sentence shall be inserted after the second sentence:

" In the case of a request for the execution of a custodial sentence or a preventive measure involving deprivation of liberty in the amount of at least five years, the Regional Court shall decide as Senate of three judges (Section 31 (6)). StPO). "

c. in the last sentence, the parenthesis is omitted " (§ 31 (5) StPO) "

5. The last sentence is deleted in Section 70 (3).

Article 3

Amendment of the Federal Act on Cooperation with the International Courts

The Federal Law on Cooperation with the International Courts, BGBl. No 263/1996, shall be amended as follows:

1. In § 1, the word "and" at the end of Z 1 by a dash and the dash at the end of Z 2 by the word "and" The following Z 3 shall be inserted after Z 2:

" 3.		the Residual Mechanism established by the United Nations Security Council Resolution 1966 (2010) of 22 December 2010 for the courts referred to in Z 1 and 2, "

(2) The following paragraph 1a is inserted in Article 28:

"(1a) § 1 in the version of the Federal Law BGBl I No. 134/2011 shall enter into force on 1 July 2012."

Article 4

entry into force

Article 2 of this Federal Act is 1. Jänner 2012 in force.

Fischer

Faymann