354 regulation of the Federal Minister for Justice about the basic training for the district attorneys and district attorneys
On the basis of § 67 of the contract staff Act 1948 (VBG), BGBl. No. 86, last amended by Federal Law Gazette I no. 111/2010, in connection with paragraphs 25 to 31 of the official service Corporation Act of 1979 (BDG 1979), BGBl. No. 333, last amended by Federal Law Gazette I no. 111/2010, is prescribed:
General terms and conditions
Scope of application
§ 1. This regulation lays down the basic training for the district attorneys and district attorneys.
Objectives and principles of the basic training
§ 2 (1) the primary objectives of the training are to convey knowledge staff which ensures them a high-quality fulfillment of the tasks assigned to them.
(2) the training is borne by the following basic considerations:
1. the training provides professional expertise and practical skills and abilities;
2. the curriculum is according to the latest of science and according to the interests of the service needs to mediate;
3. the teaching is clear and present to make;
4. the training is based on a human dignity-related attitude;
5. trainees shall be automatically to the independence and participation;
6. during lessons and modern instruments to impart the knowledge are useful to use; interactive teaching and learning methods (such as e-learning) can be used to accompanying support;
7. on current developments in the field of education, caution is to take;
8 quality assurance is done by regular evaluation.
(3) the present basic education aims towards the transfer of knowledge and expertise as well as on the acquisition of methodological and practical knowledge in the sense of a practice-oriented training in terms of content and methodology. While the personal competence as well as practical skills and knowledge are taught taking into account scientific knowledge and methods, that are required for a high-quality performance of the tasks professionally and responsibly to meet the requirements.
(4) through the basic training will support the development of employees and personal job satisfaction.
(5) in addition to the mediation and the acquisition of the necessary skills and soft skills, responsible dealing with the should be learned the staff and employees to technical facilities entrusted to the exercise of their official functions, such as in particular those of information technology and data security, within the framework of the basic training and made aware.
Use of other training courses and credits
§ 3 (1) can off for reasons of expediency, economy and efficiency also by other federal departments and institutions outside of the Federal Government organized training modules to complete.
(2) the successful completion of such training modules and other training or qualification, professional experience and independent work can be credited in 1979 BDG by the respective Chief State Prosecutor with the approval of the Federal Ministry of Justice in accordance with article 30.
(3) apply paragraphs 1 and 2 also apply accordingly for the use and recognition of education and training of the judiciary.
Organization and management of basic education
Section 4 (1) for the basic training given in § 1 has making the respective Chief State Prosecutor as a staff in accordance with the statutory provisions, the planstellen - and fitness-moderate conditions and according to the need for training on behalf of the Federal Ministry of Justice basic training course. Such a course can be held together for several top Prosecutor's jurisdiction.
(2) a basic training course is a higher State Prosecutor's offices each. Also a prosecutor can be entrusted with the management of this. Sufficient number of applicants, the Chief State Prosecutor has the holding of a training course at the Chief State Prosecutor or, if this is cost effective for one or more prosecutors to arrange.
(3) with the implementation of the training course, the Chief State Prosecutor has to entrust prosecutors and/or other appropriate judicial officers in the required number. But she has with regard to the staff who belong to the headcount of by a court and not a public prosecutor (higher State Prosecutor's offices) are assigned to make the agreement with the respective Presidents of the Oberlandesgericht.
(4) as far as professional interests so require, the Ministry can be found set, that a training course entirely or partly carried out through other judicial institutions (such as, for example, a judicial education centre).
(5) where appropriate, the Organization Forms arising from paragraph 1 first and second sentence, and paragraph 4 can be also combined to different organizational structures approved by the Federal Ministry of Justice for the various modules of a course and set.
Admission to the training
5. (1) the training course are to admit officials at their request in accordance with the need of district attorneys and district attorneys, if they the v4 - and the v3 firm course (or an equivalent advance education) and have completed the basic course for registrars. The staff member is allotted not a public prosecutor (Chief State Prosecutor), the service authority must confirm that the exemption for this purpose at most required; granted the staff the administrative authority may refuse this confirmation only for compelling official reasons. The assignment is carried out - taking on voting requirements (article 4, paragraph 1, second sentence, and article 4, par. 4) - by the Chief State Prosecutor. Training modules can be done only during an active service relationship.
(2) the basic training section within the according to the provisions of § periods provided for to be off 66 and 67 VBG.
(3) If a federal official to a basic training course approved by
1. a prohibition of employment under the maternity protection Act 1979 (MSchG), BGBl. No. 221, 2. a leave after the MSchG, according to the fathers parental leave Act (VKG), Federal Law Gazette No. 651/1989, according to § 29 b VBG in conjunction with § 29 b para 4 No. 1, section 29e VBG or article 75, paragraph 1 BDG 1979 in conjunction with § 10 par. 4 of the salary Act of 1956 (GehG), BGBl. No. 54, 3. a part-time after the MSchG or the VKG , 4. a reduction of the weekly service time pursuant to § 50 b BDG 1979 or 5 an early maternity leave for fathers after § 75 d BDG 1979 or section 29o VBG partially or entirely to participate in this hindered, the servant is to allow the basic training course immediately following the termination of preventing periods stated in Z 1 to 5; It is already completed training as much credit as the training objectives is not endangered.
(4) in accordance with the economic, spatial, and moderate capacity requirements, the respective Chief State Prosecutor with the approval of the Federal Ministry of Justice may admit the participation of officials of other authorities on basic training course under this regulation.
Participation in the training course
§ 6. The trainee is obliged to participate in all events of the training course.
Design of basic training
General outline and design of basic training
§ 7 (1) basic training (the training curriculum) is to be completed no later than at the end of the second year of use, which this time is shortened by crediting in accordance with § 3 par. 2. It consists of the completion of training seminars and the practical use of trainees.
(2) where appropriate, the individual parts of the course including interactive are teaching and learning methods and methods of e-learning to make. As far as this is necessary with regard to organisational and professional and educational interests do not preclude individual parts of the course in the way of independent study can be performed by the respective Chief State Prosecutor with the approval of the Federal Ministry of Justice.
(3) in the training course, the trainees is theoretical and practical to prepare the items of service testing for district attorneys and district attorneys.
(4) during its practical use, the trainees for practical testing and preparation for the service test has at least twelve written work to compose the stated content of the training, each of which is to judge appointed attorney or District Attorney and by the Chief State Prosecutor to document the training in § 13 para 2.
8. (1) the theoretical training is ensured by the completion of the seminar modules listed in paragraph 2; the total duration is 46 days of training to eight lessons.
(2) the following seminars are to complete:
1. criminal law material (15 days):
Material - criminal law basics,.
Criminal law material - advanced course,.
Material - criminal law extension course.
2. criminal law formally (15 days): a) criminal law formally - basics, b) diversion, c) criminal law formally - advanced course, d) criminal law formally - extension course (E.g. setting reasons, treatment of continuation applications);
3. organizational fundamentals (three days): a) structure and organization of the Department of Justice; Basic principles of the Organization of the courts and public prosecutor's offices, as well as the prisons; Basic principles of the public prosecutor's Office Act (StAG), self-image and scroll painting of the prosecutors and judge of Justice in General, tasks of the administration of Justice in the overview,
b) contents of the regulation of the Federal Minister of Justice on the implementation of the public prosecutor's Office Act (DV-StAG), c) provisions of the rules of procedure for the dishes I and II as far as they are instance (GEO.), for the activity of the district attorneys of importance, d) outline of the fees entitlement Act (GebAG), e) basic principles of the experts and interpreters Act (SDG), f) basic principles of penal law;
4. IT training as well as file management (3 days): a) handling the electronic register, b) data security and measures to prevent abuse of the data, c) file management technology;
5. negotiation, questioning interrogation tactics (three days);
6 basic principles of service law and internal affairs, personnel and leadership and bullying - and bossing prevention, code of conduct and anti-corruption (health management), equal treatment and non-discrimination (four days);
7 self management and social skills, dealing with difficult situations, conflict management and conflict resolution, and de-escalation of conflicts (three days).
(3) with the consent of the Federal Ministry of Justice can be from training considerations, total duration increased to up to 50 days of training and also the content and time weighting of the individual modules are adjusted accordingly.
§ 9 (1) is the staff member as before - no later than during the participation in the modular training course - with a Prosecutor (mostly in matters which fall within the jurisdiction of the district courts) and also under the guidance of a district attorney as the public prosecutor at the District Court (if at all possible of such on the seat of a land court) practical to use.
(2) the practical use is considered to be completed, if the trainee at least twelve months as a representative of the public prosecution at the District Court and immediately when a Prosecutor has been active. The period of theoretical training (section 8) is not attributable to the duration of the practical use.
(3) the respective Chief State Prosecutor has to create individual training plans within the framework of the existing rules with the trainees, as well as individual training and learning objectives and the different areas of practical training in writing in sufficient time to set, they each are set prior to each training area for the trainees, each responsible for training State or District Attorney, and the management of the respective education services.
(4) after the end of the practical use of the respective office management gives a detailed report, which describes the defined training objectives and made an assessment of the trainee on the basis of requirements set out by the Chief State Prosecutor in coordination with the Federal Ministry of Justice.
(5) at the beginning and at the end of the practical use is between the head of the unit concerned (or a staff member so nominated by him) and the trainees to have a conversation of training (training reflection).
§ 10. The service check is to put in writing and orally.
Examination committees and examination Senate
§ 11 (1) at each upper public prosecutor's Office is an examination Board (§ 29 BDG 1979) to build, which is responsible for their local area of effect, in the case of participants from other districts but also for this,.
(2) the Chairman of the Audit Commission is the head of the Chief State Prosecutor. His Deputy and the other members of the examination Board shall be appointed on its proposal by the Federal Ministry of Justice.
(3) members of the examination Board only prosecutors and judges may be appointed, at least three years, of which one were continuously before their order in the Commission as public prosecutors or judges at a public prosecutor's Office or at a court in criminal matters. Moreover, appropriate staff of the upscale service, which exhibit an at least three years professional experience in criminal matters or in the administration of Justice, or in the education and training, can be ordered in the Commission. To the order of the judge, the Chief State Prosecutor has to obtain a proposal from the President of the higher regional court.
(4) a prosecutor or judge has the Chair of the respective examination Senate. In addition two other members belong to each Senate of which one if at all possible a judge or public prosecutor and one if at all possible to be a servant of the raised management service.
Admission to the service test
§ 12. For service testing can only be admitted to who
1 the v3 and v4 firm course (or an equivalent basic education) and has completed the basic training for registrars, 2. has completed the practical use and 3 visited the present training course (or, if necessary, performed parts of in the way of the self-study) has.
13. (1) the written test is to hold retreat work and should last no more than four hours.
(2) the trainees are each to put forward with regard to the assigned to the district attorneys for processing criminal offences, following:
Designing a Protokollaranzeige due to criminal acts that are by virtue to pursue, in addition, an application for tracking young people by the public prosecutor of crimes can be tracked only on request of the victim;
Testing of ads and reports, in particular safety regulatory reports, with regard to the existence of offences, as well as by any grounds of justification, guilt and Strafausschließungsgründen in making the legal subsumption of the facts;
Position a complaint against several people for various offenses;
Setting of the investigation under a declaration that no reason to (further) persecution is found, in addition, designing a to be taken on the occasion of the setting of the investigation understanding of the victim including the quotation of the reason of the setting according to § 194 section 2 StPO.
Handling a case with diversioneller registration;
after election of the Chairman of the examination Board designing
a request for granting an authorization necessary for the exercise of prosecution authority,
an appeal application corresponding to the State of affairs,
One delegation -, Wiederaufnahms - or re-establishment, and each opinion
a freezing order or
an opinion on a request for continuation.
(3) the definition of the examination papers is the Chairman of the examination Board.
(4) if any conflict with interests of the service, the respective Chief State Prosecutor will allow with the approval of the Federal Ministry of Justice, that individual parts of the written exam in the form of partial examinations may be stored.
Section 14 (1) In general the training contents included in the training curriculum includes the oral exam.
(2) In particular is in the themes and content of the oral exam in particular to following curricula, each with regard to the criminal offences associated with the district attorneys to the editing, to be taken into account:
Basic principles of the general part of the Penal Code and special part of the Penal Code;
criminal law in secondary legislation;
Criminal law (under special consideration of the provisions of the diversion);
4. basic principles of court organization, provisions of the rules of procedure for the courts of I. and II. instance (GEO.), and regulation of the Federal Minister of Justice on the implementation of the public prosecutor's Office Act (DV-StAG).
5. fees entitlement Act (GebAG) as well as expert and interpreter Act (SDG);
Basic principles of penal law;
Handling of IT use and file and record keeping.
Section 15 (1) over the passed service exam is by the Chairman of the respective examination Senate on the basis of the proposed audit or, if necessary, certificate of part of to issue a total confirmation or a total testimony about the completion of the basic training, wherein the individual tests and the respective exam success to lead. Detected the majority of the members of the Senate that the exam success in certain exams as "excellent" is to evaluate, so indicating the success of the test are the words"award from..." to attach.
(2) originals of certificates are each handed over to officials, copies of the certificates shall be in the respective personnel files.
Use after passing the service test
§ 16. The completed basic training qualifies the graduates for a job as District Attorney. The entrustment is done by the respective Chief State Prosecutor in coordination with the Federal Ministry of Justice.
Training controlling and quality assurance
Section 17 (1) is actually carried out training to check from the head of the Chief State Prosecutor in coordination with the Federal Ministry of Justice on their effectiveness. The results of this review should be documented.
(2) the training controlling includes the evaluation of the activities of training managers and lecturers in professional and didactic point of view. As appropriate measures for this purpose come in addition to the evaluation questionnaire, for example, the observation and documentation of training steps into consideration.
Experts of justice support agency
§ 18 experts I no. 101/2008, relating to the public prosecutor authorities used according to the provisions of the justice assistance agency law, BGBl., can according to the individual modules of this basic training – in particular that according to § 8 para 2 No. 3 - participate business, organizational and budgetary possibilities.
Linguistic equal treatment
§ 19. As far as this regulation to persons listed on related names only in the male form, they relate to women and men in the same way. In applying the term to certain persons, the respective gender-specific form is to use.
As far as not are 20 references in this regulation to other federal legislation, other is intended to be understood as references to the applicable version.
Final and transitional provisions
21. (1) this regulation with November 1, 2011 enter into force.
(2) the regulation of the Federal Minister for Justice of 28 December 1979 on the basic training for the use of Group C - District Attorney, Federal Law Gazette No. 27/1980, occurs upon the expiry of 30 June 2012 with the proviso, that she continue to apply outbound is on training courses carried out pursuant to paragraph 3.
(3) staff who have an appropriate education in the firm service, can not later than December 31, 2012 basic training for district attorneys away under the previous provision (para. 2).
(4) for employees, the basic training for District Attorneys under the previous provision (BGBl. No. 27 / 1980) successfully filed have,.
1. eliminates the obligation for the purposes of the basic course for registrars;
2. takes the place of the training days provided for in the regulation a streamlined Ausbildungscurriculum amounting to a total of 17 training days to eight hours of lessons, whereby a) that in § 8 para 2 subpara 1 lit. c and subpara 2 lit. d listed modules not later than 30 June 2013 and b) 5, 6 and 7 listed modules not later than 30 June 2014 to complete Z are in section 8, paragraph 2. About in lit. a listed modules are examinations according to the provisions of this regulation and of the Federal Ministry of Justice. In addition the provisions of this Regulation apply for the Organization and implementation of training courses in the framework of this transitional provision accordingly; If necessary, supplementary provisions to meet are from the Federal Ministry of Justice.
(5) if one of the modules referred to in paragraph 4 were already completed in the framework of vocational training, it can be applied partly or entirely (section 30 BDG 1979). In the case of a credit transfer, the contents of the netted module not to the subject of scrutiny is Z according to paragraph 4 to make 2 last sentence.