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

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103. Federal law amending the Criminal Code on the Prevention of Terrorism, as well as the Criminal Code and the Criminal Procedure Code in 1975 to improve the protection of the environment through criminal law

The National Council has decided:

table of contents

Article 1

Amendment of the Criminal Code

Article 2

Amendment of the Code of Criminal Procedure in 1975

Article 3

Implementation of policies

Article 4

entry into force

Article 1

Amendment of the Criminal Code

The Criminal Code, BGBl. No 60/1974, as last amended by the Federal Law BGBl. I No 66/2011, shall be amended as follows:

1. In § 64 (1) Z 9, after the turn of the "Further training for terrorist purposes (§ 278e)" the twist "and guidance on the commission of a terrorist offence (§ 278f)" inserted.

(2) In § 177b (1) to (3), the turn shall be "or otherwise used, kept," in each case by the turn " , uses, possesses, removes, " replaced.

3. In § 177b (3) the following sentence is added:

"Likewise, it must be punished who is responsible for any of the acts referred to in paragraph 1 or paragraph 2."

4. According to § 177c the following § § 177d and 177e together with headings are inserted:

" The premeditated illicit handling of substances that contribute to the deplete of the ozone layer

§ 177d. Those substances which contribute to the deplete of the ozone layer, produce, introduce, carry out, place on the market or use it against a legislative act or an official contract shall be punishable by imprisonment of up to one year or with a fine of up to 360 punishing daily rates.

Grossly negligent unauthorised handling of substances that contribute to the deplete of the ozone layer

§ 177e. Anyone who is grossly negligent in acting against a legal provision or an official order with one of the acts threatened with punishment in § 177d, shall be punished with imprisonment of up to six months or with a fine of up to 360 daily rates. "

5. In § 181b (1), the turn-of-the- "treats, stores, stores, removes, or otherwise removes, transports, imports into the territory of the country, or carries out domestic or domestic activities," through the turn "collects, transports, devaluates, removes, monitors or controls these activities in a manner that is controlled," replaced.

6. In § 181b, the following paragraph 3 is added after the second paragraph of paragraph 2:

" (3) Anyone who, in addition to the case of paragraph 2, spends waste in accordance with Article 2 (35) of Regulation (EC) No 1013 /2006/EC on shipments of waste in a not insignificant quantity shall be punishable by a custodial sentence of up to one year or a fine of up to 360 daily rates. to punish. "

7. In § 181c, the following paragraph 3 is added after the following paragraph 2:

" (3) Any person who, in addition to the cases referred to in paragraph 1 and 2, spends gross negligence in breach of Article 2 (35) of Regulation (EC) No 1013 /2006/EC on shipments of waste in a non-insignificant quantity shall be liable to imprisonment for up to six months, or with a maximum of six months. Fine up to 360 daily rates to be punished. "

8. According to § 181e, the following § § 181f to 181i shall be inserted together with the headings:

" Intentional damage to the animal or plant stock

§ 181f. (1) Anyone who kills a significant quantity of specimens of a protected species of wild fauna, contrary to a law or order, owns or destroys their forms of development, or takes them from nature, or has a significant amount of The quantity of specimens of a protected wild plant species is destroyed, possesses, or taken from nature and thereby has a significant effect on the conservation status of the species, is punishable by imprisonment for up to two years or by fine to punish up to 360 daily rates.

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

Grossly negligent damage to the animal or plant stock

§ 181g. Those who are grossly negligent against a legal provision or an official order, one of the acts threatened with punishment in § 181f, shall be punished with imprisonment for up to one year or with a fine of up to 360 daily rates.

Intentional damage to habitats in protected areas

§ 181h. (1) Anyone who significantly damages a living space within a protected area, contrary to a law or an administrative order, shall be punished with imprisonment of up to two years or with a fine of up to 360 daily rates.

(2) Life space within a protected area is any habitat of a species for which an area is protected by law or regulation in accordance with Article 4 (2) or Annex I of Directive 2009 /147/EC on the conservation of wild fauna Bird species has been declared, or any natural habitat or habitat of a species for which an area is designated by law or regulation as a special protection area pursuant to Article 4 (4) of Directive 92/43/EEC on the conservation of natural habitats as well as the wild fauna and flora.

Grossly negligent damage to habitats in protected areas

§ 181i. Anyone who is grossly negligent in acting against a legal provision or an administrative order with the act threatened with punishment in § 181h shall be punished with imprisonment of up to one year or with a fine of up to 360 daily rates. "

9. In § 183a (1), the turn "in the cases of § § 180, 181a, 181b, 181d and 182" through the turn "in the cases of § § 180, 181a, 181b, 181d, 181f, 181h and 182" replaced.

10. In § 183a (2), the turn "in the cases of § § 181, 181c and 183" through the turn "in the cases of § § 181, 181c (1) and (2) and (183)" as well as the turn "in the case of § 181e" through the turn "in the cases of § § 181c (3), 181e, 181g and 181i" replaced.

11. In Section 278c (1), in Z 9, the word "or" is replaced by a dash and inserted after Z 9 the following Z 9a:

" 9a.

Call for terrorist offences and for the protection of terrorist offences (§ 282a) or "

12. According to § 278e, the following § 278f shall be inserted with headline:

" Guidance on the commission of a terrorist offence

§ 278f. (1) Anyone who, according to its content, is intended to conduct a terrorist offence (Section 278c (1) to (9) or (10)) with the funds referred to in § 278e, or offers such information on the Internet in a manner that is intended to be committed to the commission of a terrorist offence. or to another person, in order to raise the offence of committing a terrorist offence, shall be punishable by imprisonment for up to two years.

(2) It is also necessary to punish those who confer a media movement within the meaning of paragraph 1 or such information from the Internet in order to commit a terrorist offence (§ 278c paragraph 1 Z 1 to 9 or 10). "

13. According to § 282, the following § 282a and title shall be inserted:

" Call for terrorist offences and guitarisation of terrorist offences

§ 282a. (1) Anyone who, in a printing unit, in broadcasting or in any other medium, or in any other way publicly in such a way that it becomes accessible to many people, is charged with committing a terrorist offence (§ 278c paragraph 1 Z 1 to 9 or 10) is, if he/she (§ 12) is not punishable by a strict sentence of imprisonment (§ 12), punishable by imprisonment for up to two years.

(2) It is also necessary to punish those who, in the manner referred to in paragraph 1, approve a terrorist offence (Section 278c (1) Z 1 to 9 or 10) in a manner that is likely to cause the commission of one or more such offences to be committed. "

14. § 283 (1) reads:

" § 283. (1) Who publicly in a way that is likely to endanger public order, or who for a general public is perceptible to violence against a church or religious society, or another according to the criteria of race, the Skin colour, language, religion or belief, nationality, descent or national or ethnic origin, sex, disability, age or sexual orientation, defined group of persons, or against a member of such a group expressly on the grounds of his membership This group is to be punished by imprisonment for up to two years. "

Section 283 (2) reads as follows:

"(2) It is also necessary to punish those who, for a general public, are perceptibly opposed to a group referred to in paragraph 1 or insulate them in a manner that violates the dignity of the human person and thereby seeks to render disdainful."

Article 2

Amendment of the Code of Criminal Procedure in 1975

The Code of Criminal Procedure in 1975, BGBl. No. 631/1975, as last amended by the Federal Law BGBl. I No 67/2011, shall be amended as follows:

1. § 30 (1) is amended as follows:

(a) The following Z 5a and 5b shall be inserted after Z 5:

" 5a.

the failure of the deliberate illicit handling of substances that contribute to the depletion of the ozone layer (§ 177d of the German StGB),

5b.

the failure of the grossly negligent illicit handling of substances that contribute to the deplete of the ozone layer (§ 177e StGB), "

(b) After Z 6, the following Z 6a shall be inserted:

" 6a.

the failure of the deliberate environmentally hazardous treatment and the introduction of waste (Section 181b (3) of the StGB), "

(c) The following Z 8a and 8b shall be inserted after Z 8:

" 8a.

the destruction of the gross negligence of the animal or plant population (§ 181g of the StGB),

8b.

the failure of the grossly negligent damage to habitats in protected areas (§ 181i StGB) "

2. § 123 (4) Z 1 reads:

" 1.

the person is suspected,

a)

a criminal offence pursuant to § 178 StGB or

b)

to have committed an offence against limb and life by carrying out a dangerous activity in an alcoholic or otherwise affected state, or "

The following paragraph 18 is added to section 514:

" (18) § § 30 (1) Z 5a, 5b, 6a, 8a and 8b and 123 (4) in the version of the Federal Law BGBl. I No 103/2011 will enter into force 1. Jänner 2012 in force. "

Article 3

Implementation of European Union directives

Article 1 (2) to (10) of this Federal Act serves the purpose of Implementation of Directive 2008 /99/EC on the protection of the environment through criminal law, OJ L 327, 28.9.2008, p. OJ L 328, 6.12.2008, p. 28.

Article 4

entry into force

Article 1 of this Federal Act shall enter into force 1. Jänner 2012 in force.

Fischer

Faymann