Amendment Of The Penal Code For The Prevention Of Terrorism And Of The Penal Code And The Code Of Criminal Procedure 1975 To Improve The Criminal-Law Protection Of The Environment

Original Language Title: Änderung des Strafgesetzbuches zur Verhinderung von Terrorismus sowie des Strafgesetzbuches und der Strafprozessordnung 1975 zur Verbesserung des strafrechtlichen Schutzes der Umwelt

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997948/nderung-des-strafgesetzbuches-zur-verhinderung-von-terrorismus-sowie-des-strafgesetzbuches-und-der-strafprozessordnung-1975-zur-verbesserung-des-straf.html

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103. Federal law that modifies the Penal Code for the prevention of terrorism, as well as the Penal Code and the code of criminal procedure 1975 to improve the criminal-law protection of the environment

The National Council has decided:

Table of contents article 1 amendment of the Penal Code article 2 amendment of the code of criminal procedure 1975 article 3 transposition of directives article 4 entry into force article 1

Amendment of the Penal Code

The criminal code, Federal Law Gazette No. 60/1974, amended by Federal Law Gazette I no. 66/2011, is amended as follows:

1 in § 64 paragraph 1 Z 9 inserted the phrase "and instructions to commit a terrorist offence (§ 278f)" after the phrase "further training for terrorism (§ 278e)".

2. in section 177b para 1 to 3 will turn "or otherwise used, stored," by the phrase ", uses, possesses, eliminated," replaced.

3. in section 177 sentence b paragraph 3 is added:

"As is to punish, who is a who professional commits acts mentioned in paragraph 1 or paragraph 2."

4. According to § 177c, following §§ 177d and 177e including headings shall be inserted:

"Deliberate unlawful dealing with substances that contribute to the depletion of the ozone layer

§ 177d. Who is substances which deplete the ozone layer, contribute, is contrary to a law or a regulatory order, introduces, runs inside, in traffic or used, with imprisonment up to one year or to punish with fines of up to 360 daily rates.

Grossly negligent unauthorised dealing with substances that contribute to the depletion of the ozone layer

section 177e. "Who through gross negligence is one who commits acts of threatened in the section 177d penalty, contrary to a law or a regulatory order punishable by up to six months or to punish with fines of up to 360 daily rates."

5. § 181 b paragraph 1 replaces the phrase "treated, stored or deposited, drains otherwise eliminated, promoted, introduces in the domestic, performs domestic or inland performing" which twist "collects, transported, recycled, eliminated, operationally monitored these activities or so controlled by,".

6. in paragraph 181, the following paragraph 3 is attached pursuant to par. 2 b:

"(3) a person who except number 35 of Regulation 1013/2006 on shipments of waste in significant quantities spends the fall of para 2 waste contrary to article 2, is punishable by up to one year or to punish with fines of up to 360 daily rates."

7. in paragraph 181, the following paragraph 3 is added c referred to in paragraph 2:

"(3) a person who except through gross negligence, number 35 of Regulation 1013/2006 on shipments of waste in significant quantities spends waste contrary to article 2 cases of para 1 and 2, is punishable by up to six months or to punish with fines of up to 360 daily rates."

8 according to § 181e 181f following sections shall be inserted to 181i together with the headings:

"Intentional damage of the animal or plant stand

§ 181f. (1) who kills a significant amount of specimens of protected wild species contrary to a law or a regulatory order, has destroyed their forms of development or extracts from nature or destroyed a significant amount of copies of a protected wild plant species, owns or takes from nature and a significant impact on the conservation status of the species makes causes up to two years imprisonment or to punish with fines of up to 360 daily rates.

(2) protected wild animal species are lit in annex IV. a) of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, or of annex I of to Directive 2009/147/EC on the conservation of wild birds listed species; protected wild plant species are lit in annex IV. b) of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora listed species.

Grossly negligent injury of the animal or plant stand

§ 181 g. Who through gross negligence is one who commits threatened actions in the article 181f with punishment, contrary to a law or a regulatory order punishable by up to one year or to punish with fines of up to 360 daily rates.

Deliberate damage to habitats in protected areas

§ 181 h. (1) a person who damages a Habitat within a protected area significantly contrary to a law or a government job, is punishable by up to two years or to punish with fines of up to 360 daily rates.

(2) Habitat within a protected area is any Habitat of a type declared for an area by law or regulation to a reserve in accordance with article 4 paragraph 2 or Annex I of to Directive 2009/147/EC on the conservation of wild birds or any natural habitat or Habitat of a species, for the one area by law or regulation to a special protection area pursuant to article 4 paragraph 4 of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora was declared.

Grossly negligent damage to habitats in protected areas

§ 181i. "Who is gross negligence violates a law or a regulatory order that commits threatened action in § 181 h penalty, imprisonment up to one year or to punish with fines of up to 360 daily rates."

9 in section 183a para 1, the twist is "in cases of §§ 180, 181a, 181 b, 181 d and 182" by the phrase "in cases of §§ 180, 181a, 181 b, 181 d, 181f, 181 h and 182" replaced.

10. in section 183a para 2 are the phrase "in cases of §§ 181 and 183 and 181 c" by the phrase "in cases of §§ 181, 181 c para 1 and 2, and 183" and the phrase "in the case of § 181e" by the phrase "in cases of §§ 181 c par. 3, 181e, 181 g, and 181i" replaced.

11 in section 278c paragraph 1 to 9 in the Z word "or" is replaced by a comma and after the Z 9 following Z 9a inserted: '9a.
"Call for terrorist offences and terrorist offences (section 282a) approval or" 12. According to the § 278e 278f the following paragraph with heading shall be inserted:

"Guide to the Commission of a terrorist crime

§ 278f. (1) who is a media work, which is determined according to its content to, to commit a terrorist offence (§ 278 c paragraph 1 Z 1 to 9 or 10) with in referred to in § 278e means to guide, or such information on the Internet in a way provides or makes available another person around to incite to the Commission of a terrorist crime, is to punish up to two years imprisonment.

"(2) and is to be punished who gives himself a media work in the sense of paragraph 1, or such information from the Internet to a terrorist offence (§ 278 c paragraph 1 Z 1 to 9 or 10) to commit."

13. According to section 282, 282a the following paragraph and heading shall be inserted:

"Prompt approval of terrorist offences and terrorist offences

§ 282a. (1) Whoever in a printing plant, in broadcasting or in other media, or otherwise publicly in a way that it becomes accessible to many people, to commit a terrorist offence (§ 278 c paragraph 1 Z 1 to 9 or 10) urges, is, if he not as (§ 12 involved in this action) is threatened with tougher punishment to punish up to two years imprisonment.

"(2) is also to punish whoever in the manner referred to in paragraph 1 a terrorist offence (§ 278c paragraph 1 Z 1 to 9 or 10) endorses in a way that is appropriate to bring about the danger of the Commission of one or more such offences."

14 paragraph 283 paragraph 1:

"283. (1) who publicly in a way that is likely to jeopardize public order, or who is responsible for the general public to violence against a church or religious society or another according to the criteria of race, skin color, language, the religion or belief, the nationality, descent or national or ethnic origin, sex, disability, age or sexual orientation defined group of persons or a member of such a group specifically because of its affiliation to" This group invites or excites up, is to punish up to two years imprisonment."

15 paragraph 283 paragraph 2:

"(2) likewise is to punish, who for a public visible against a group referred to in paragraph 1 rushes or seeks to make them abused and this despicable in a manner infringing human dignity."

Article 2

Amendment of the code of criminal procedure 1975

The code of criminal procedure 1975, BGBl. No. 631/1975, as last amended by Federal Law Gazette I no. 67/2011, is amended as follows:

1 § is amended 30 paragraph 1 as follows:

(a) after the Z 5 are following Z 5a and 5b is inserted: '5a.
("of the offence of deliberate illicit dealing with substances that contribute to the depletion of the ozone layer (§ 177d StGB), 5 b. the offence of negligent unauthorised dealing with substances that contribute to the depletion of the ozone layer (section 177e StGB)," b) after the No. 6 following Z 6a is inserted: '6a.
("of the offence of deliberate handling of environmentally hazardous and removal of waste (§ 181 b of paragraph 3 of the Criminal Code)," c) after the Z 8 are following Z 8a and 8B is inserted: "8a.

of the offence of negligent injury of the animal or plant stand (§ 181 g of the Criminal Code), 8 b. the offence of negligent damage to habitats in protected areas (§ 181i StGB) "2. Article 123, paragraph 4 is no. 1: '1. is the person suspected,"



a)



(eine Straftat nach § 178 StGB oder b) a crime against life and limb committed by a dangerous pursuit in haha or otherwise through an exhilarating means compromised condition, or "514 3. section 18 the following paragraph shall be added:

"I no. 103/2011 (18) § 30 par. 1 Z 5a, 5B, 6a, 8a and 8b, and 123 paragraph 4 as amended by Federal Law Gazette 1 January 2012 into force."

Article 3

Transposition of directives of the European Union

Article serves 1 Z 2 to 10 of this Federal Act implementing the Directive 2008/99/EC on the protection of the environment through criminal law, OJ OJ L 328 of December 6, 2008, p. 28.

Article 4

Entry into force

Article 1 of this federal law shall enter into force January 1, 2012.

Fischer

Faymann