Basic Training For The District Attorneys And District Attorneys

Original Language Title: Grundausbildung für die Bezirksanwältinnen und Bezirksanwälte

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354. Ordinance of the Federal Minister for Justice on the Basic Training for the District Attorneys

On the basis of § 67 of the Contract Law Act 1948 (VBG), BGBl. N ° 86, as last amended by the Federal Law BGBl. I n ° 111/2010, in conjunction with § § 25 to 31 of the Civil Service Act 1979 (BDG 1979), BGBl. No. 333, as last amended by the Federal Law BGBl. I No 111/2010, shall be ordered:

Section 1

General provisions

Scope

§ 1. This Regulation lays down the basic training for district attorneys.

Objectives and principles of basic training

§ 2. (1) The primary objectives of basic training shall be to provide staff with the knowledge they need to ensure the quality of the performance of the tasks entrusted to them.

(2) The training is based on the following fundamental considerations:

1.

the training conveys professional knowledge as well as practical skills and skills;

2.

the teaching material must be conveyed in accordance with the state of the art and in accordance with the requirements of the service;

3.

teaching is to be designed in a clear and present-day way;

4.

the training is based on a basic attitude of human dignity;

5.

the apprentices are to be responsible for self-employment and cooperation;

6.

In the course of teaching, modern tools for knowledge transfer can also be usefully used; interactive teaching and learning methods (such as e-learning) can also be used for accompanying support;

7.

to current developments in the field of pedagogy is to be taken into consideration;

8.

Quality assurance must be carried out through regular evaluation.

(3) This basic training aims both in terms of content and methodology, both on the teaching of technical and technical knowledge and on the acquisition of methods and action knowledge in the sense of a practice-oriented training. In this context, taking into account scientific knowledge and methods, personal competence as well as professional skills and knowledge are imparted, which are necessary for a high-quality performance of the tasks, in order to To be able to meet requirements professionally and responsibly.

(4) The basic training is intended to support the development of employees and to promote personal work satisfaction.

(5) In addition to the teaching and acquisition of the necessary specialist knowledge and soft skills, the basic training also aims to ensure the responsible use of the staff for the performance of their duties. learned and made aware of technical facilities, such as those of information technology and data security.

Use of other training offers and invoices

§ 3. (1) For reasons of expediency, economy and economy, training modules may also be used by other federal services and institutions outside the federal government.

(2) The successful completion of such training modules and other training courses or qualification measures, professional experience and self-employed work can be carried out by the respective prosecutor's office with the consent of the Federal Ministry of Justice in accordance with § 30 BDG 1979.

(3) (1) and (2) shall also apply to the use and settlement of judicial training and further training events.

Organisation and management of basic training

§ 4. (1) For the basic training referred to in § 1, the respective Chief Public Prosecutor's Office as a Human Resources Office shall, in accordance with the legal requirements, the planning and suitability of the planning and the appropriate conditions, and in accordance with the training requirements on behalf of the Federal Ministry of Justice to carry out basic training courses. Such a course can also be held jointly for several Oberstaatsanwaltschaftssprengel.

(2) The management of a basic training course is the responsibility of an upper prosecutor's office. A public prosecutor can also be entrusted with the management of the public prosecutor. In the case of a sufficient number of applicants, the Office of the Public Prosecutor's Office has to arrange the holding of a training course with the Office of the Public Prosecutor or, if this is more cost-saving, with one or more Public Prosecutors.

(3) With the implementation of the training course, the Office of Public Prosecutors and/or other appropriate judicial staff must be entrusted with the necessary number of tasks. In doing so, it has to agree with the respective President of the Higher Regional Court with regard to staff members belonging to the staff of a court and not to a public prosecutor's office (Chief Public Prosecutor's Office).

(4) In so far as service interests so require, the Federal Ministry may also decide that a training course is entirely or partly by means of other judicial institutions (such as a judicial training centre) ,

(5) In so far as this is appropriate, the forms of organisation resulting from the first and second sentences of the first and second sentences as well as (4) can also be combined with each other and, for that purpose, by the Federal Ministry of Justice for the various modules of a course. different organisational structures are approved and established.

Admission to basic training

§ 5. (1) In accordance with the requirements for county councils, staff members shall be admitted to the training course if they apply for the v4 and v3 law courses (or equivalent pre-training) and the basic course for the training of the district attorates. Right-wing people have completed. If the staff member is not assigned to a public prosecutor's office, the service authority must certify that the staff member is granted the exemption required for this purpose; the service authority may only confirm this confirmation refuse for compelling service reasons. The assignment is carried out by the Office of the Public Prosecutor's Office under the terms of the voting requirements (Section 4 (1), second sentence, and § 4 (4)). Training modules can only be completed during an active service relationship.

(2) The basic training is to be deposited within the time periods provided for in the provisions of § § 66 and 67 VBG.

(3) Federal staff admitted to a basic training course shall be appointed by

1.

an employment ban under the maternity protection law 1979 (MSchG), BGBl. 221,

2.

a Karenz according to the MSchG, according to the Väter-Karenzgesetz (VKG-Karenzgesetz, VKG), BGBl. No. 651/1989, pursuant to Section 29b of the VBG in conjunction with Section 29b (4) (1), Section 29e (VBG) or Section 75 (1) BDG 1979 in conjunction with Section 10 (4) of the salary act 1956 (GehG), Federal Law Gazette (BGBl). 54,

3.

a part-time job according to the MSchG or the VKG,

4.

a reduction in the weekly service period in accordance with § 50b BDG 1979 or

5.

Early carency for fathers according to § 75d BDG 1979 or § 29o VBG

partially or partially prevented from participating in it, the staff member shall be admitted to the basic training course immediately following the completion of the obstacles periods referred to in Z 1 to 5, with the completion of the basic training course already completed Training in such a way as to ensure that the attainment of the training objectives is not jeopardised.

(4) In accordance with the economic, spatial and capacity conditions, the respective prosecutor's office, with the agreement of the Federal Ministry of Justice, may also participate in the participation of other local authorities Allow basic training courses under this Regulation.

Participation in the training course

§ 6. The trainee is obliged to take part in all courses of the training course.

Section 2

Design of basic training

General outline and design of basic training

§ 7. (1) The basic training (the training curriculum) shall be completed by the end of the second year of use at the latest, the duration of which shall be reduced by means of accounts in accordance with § 3 (2). It consists of the completion of training seminars as well as the practical use of the trainees.

(2) In so far as this is appropriate, the individual parts of the course shall also be designed using interactive teaching and learning methods and methods of e-learning. Insofar as this is necessary in organisational terms and does not prevent service and pedagogical interests, individual parts of the course can be provided by the respective Chief Prosecutor's Office with the consent of the Federal Ministry of Justice. are also carried out in the course of self-study.

(3) In the course of the training course, the trainee is theoretically and practically prepared for the subjects of the service examination for district attorneys and district attorneys.

(4) During its practical use, the trainee for practical testing and preparation for the service examination shall draw up at least twelve written work from the training contents referred to in Article 13 (2), which shall be carried out by the apprentiate. In each case, the prosecutor or district attorney responsible for the training must be assessed and documented by the Chief Public Prosecutor's Office.

Theoretical training

§ 8. (1) The theoretical training is carried out by means of the completion of the seminar modules referred to in paragraph 2; the total duration is 46 days of training, each of which is eight hours.

(2) The following seminars are to be completed:

1.

Criminal law materially (15 days):

a)

Criminal law materially-basics,

b)

Criminal law material-build-up course,

c)

Criminal law material-specialisation course;

2.

Criminal law formal (15 Days):

a)

Criminal law of formal principles,

b)

Diversion,

c)

Criminal law formal-build-up course,

d)

Criminal law formal-in-depth course (e.g. setting justifications, treatment of continuation applications);

3.

organizational basics ( three Days):

a)

Establishment and organisation of the judicial department; broad lines of the organisation of the courts and public prosecutors as well as of the judicial institutions; broad guidelines of the Public Prosecutor's Law (StAG), self-image and role picture of the prosecutors and judges, as well as justice in general, tasks of the judicial administration at a glance,

b)

Contents of the regulation of the Federal Minister of Justice for the implementation of the Public Prosecutor's Law (DV-StAG),

c)

Provisions of the Rules of Procedure for the Courts I and II. Instance (Geo.), insofar as they are relevant to the activities of district attorneys,

d)

Basic principles of the Fees Claims Act (GebAG),

e)

Principles of the Law of Experts and Interpreters (SDG),

f)

the broad lines of the penal law;

4.

IT training as well as file management (three days):

a)

the handling of the electronic registers,

b)

Data security and measures to prevent data misuse,

c)

Briefing technology;

5.

Conduct of negotiations, interrogation technology, interrogation tactics (three days);

6.

Principles of service law and service supervision, personnel and staff management as well as bullying and bossing prevention, code of conduct and anti-corruption (integrity management), equal treatment and anti-discrimination ( four days);

7.

Self-management and social competence, dealing with difficult situations, conflict management and conflict management as well as de-escalating conflicts (three days).

(3) With the agreement of the Federal Ministry of Justice, the overall duration of training can be increased to up to 50 days of training, as well as the content-related design and time weighting of the individual modules.

Practical use

§ 9. (1) As far as possible, the staff member shall be present at a public prosecutor's office (mainly in matters falling within the jurisdiction of the district courts) and, in addition, at the latest during the participation in the modular training course. under the guidance of a district attorney as a representative of the public indictment of the district court (tunnelling of such a court at the seat of a regional court) in a practical way.

(2) The practical use shall be deemed to have been completed if the apprentier has been active in the district court and directly with a public prosecutor's office for at least twelve months as a representative of the public prosecution. The period of theoretical training (§ 8) is not to be included in the duration of practical use.

(3) The respective Oberstaatsansecution has to draw up individual training plans within the framework of the existing guidelines with the trainees, as well as individual training and learning objectives and the individual practical training areas in writing. be determined in sufficient time to ensure that they are each established before each training area for the trainee, the State or district attorney responsible for training, and the management of the respective training service.

(4) After the end of the practical use, the respective service branch shall issue a detailed report describing the achievement of the defined training objectives and on the basis of the information provided by the Chief Public Prosecutor's Office in consultation with the Federal Ministry of Justice, an evaluation of the trainee is being made.

(5) At the beginning and at the end of the practical use, a training interview is to be held between the head of the relevant department (or a staff member responsible for it) and the trainee (training reflection).

Section 3

Audit provisions

Service Review

§ 10. The service examination must be submitted in writing and orally.

Audit commissions and examination senates

§ 11. (1) An examination committee (§ 29 BDG 1979) is to be set up with each public prosecutor's office, which is responsible for its local area of action, but also for the participants from other sprinkles.

(2) Chairman of the Examination Board is the respective head of the Chief Public Prosecutor's Office. His deputits and the other members of the Examination Committee are to be appointed by the Federal Ministry of Justice through his proposal.

(3) Only public prosecutors and judges who have at least three years, one of which before their appointment to the Commission, as prosecutors or judges at a public prosecutor's office, may be appointed as members of the Examination Board. employed in a court in criminal matters. In addition, appropriate staff members of the higher service, who have at least three years ' professional experience in criminal matters or in the administration of justice or in the training and further training, can be appointed to the Commission. In order to order the judges, the Chief Public Prosecutor has a proposal from the President of the Higher Regional Court to seek.

(4) The chairperson of the respective examination senate shall lead a prosecutor or judge. In addition, each Senate includes two other members, one of whom is to be a judge or a prosecutor, and one who is to be a member of the senior administrative service.

Admission to the service examination

§ 12. Only those who are eligible for an official examination can be admitted:

1.

has successfully completed the v3-and v4-Kanzleikurs (or an equivalent basic training) as well as the basic course for right-wing students,

2.

the practical use has been completed and

3.

has attended the present course of training (or, if necessary, carried out parts of it by way of self-study).

Written examination

§ 13. (1) The written examination shall be held as a written examination and shall not last more than four hours.

(2) The trainees are to submit the following tasks, in each case with regard to the criminal acts assigned to the district attorates for the purpose of processing:

1.

Designing a log display for criminal acts to be prosecuted by the Office, and an application for the prosecution of young people by the public prosecutor for offences which are otherwise only prosecuted on the victim's request. ,

2.

Examination of advertisements and reports, in particular security reports, with regard to the use of criminal offences, as well as for reasons of justification, guilt and criminal law, taking into account the legal provisions subsumption of the facts;

3.

the position of a criminal offence against a number of persons on the grounds of various offences;

4.

Suspension of the investigative procedure with a declaration that no reason for (further) persecution is found, further discontinuation of an understanding of the victim to be carried out on the occasion of the cessation of the investigation including the application of the reason for the cessation pursuant to § 194 (2) of the StPO;

5.

Processing of a case with diversionary execution;

6.

After the election of the Chairman of the Examination Commission

a)

a request for authorisation to exercise the right to pursue the right of persecution;

b)

a legal declaration relating to the facts of the case,

c)

a request for delegation, remission or re-establishment, and an opinion on it,

d)

a security order or

e)

an opinion on a request for continuation.

(3) The chairperson of the Examination Committee shall be responsible for the determination of the examination work.

(4) If there are no grounds for service, the respective Chief Public Prosecutor's Office may, with the consent of the Federal Ministry of Justice, allow individual parts of the written examination to be filed in the form of partial exams.

Oral examination

§ 14. (1) In general, the oral examination comprises the training content included in the training curriculum.

(2) In particular, the subjects and contents of the oral examination shall include, in particular, the following training contents, in each case with regard to the criminal acts assigned to the district attorates for the purpose of processing:

1.

the broad lines of the General Part of the Penal Code and the Special Part of the Penal Code;

2.

criminal provisions in secondary legislation;

3.

Criminal procedure law (with special regard to the provisions on diversion);

4.

Principles of the Court of Justice, provisions of the Rules of Procedure for the courts I and II. instance (Geo.), and Ordinance of the Federal Minister of Justice for the Implementation of the Public Prosecutor's Act (DV-StAG) ;

5.

Fee Claims Act (GebAG) as well as Expert and Interpreting Law (SDG) ;

6.

the broad lines of the penal law;

7.

Handling of the IT use as well as file and register management.

Certificate

§ 15. (1) The official examination is carried out by the chairperson of the respective examination board on the basis of the submitted examination or examination regulations. if appropriate, partial examination certificates, an overall confirmation or to issue an overall certificate of completion of the basic training, in which the individual partial examinations and the respective examination success are to be carried out. If the majority of the members of the Senate have found that the success of the examination is to be assessed as "excellent" in certain partial examinations, then the words "with distinction ..." shall be the indication of the success of the examination. .

(2) Originals of certificates are to be handed out to the staff member in each case, the certificates are to be deposited in the respective personnel records.

Use after passing the service check

§ 16. The completed basic training qualifies graduates for an activity as district attorney. The responsibility for the responsibility is given by the respective Supreme Prosecutor's Office, in coordination with the Federal Ministry of Justice.

Section 4

Other provisions

Training controlling and quality assurance

§ 17. (1) The actual training has to be checked by the head of the respective Chief Public Prosecutor's Office in coordination with the Federal Ministry of Justice. The results of this review shall be documented.

(2) The training controlling also includes the evaluation of the activities of the training managers and lecturers in technical and didactical terms. In addition to the evaluation with questionnaires, suitable measures for this purpose are, for example, the observation and documentation of the training steps.

Experts of the Justice Services Agency

§ 18. Experts who are in accordance with the provisions of the Justice Services Agency Act, BGBl. I n ° 101/2008, in the area of public prosecutors, can be used on the basis of the official, organisational and budgetary possibilities of individual modules of this basic training-in particular according to Article 8 (2) (2) of the German Law on the Rights of the State 3-participate.

Linguistic equality

§ 19. As far as persons related to persons are mentioned in this Regulation only in male form, they shall refer to women and men in the same way. In applying the name to certain persons, the gender-specific form shall be used.

References

§ 20. References in this Regulation to other federal legislation are to be understood, unless otherwise specified, as references to the version in force in each case.

Closure and transitional provisions

§ 21. (1) This Regulation shall enter into force on 1 November 2011.

(2) The Regulation of the Federal Minister of Justice of 28 December 1979 on the basic training for the Working Group C-District Attorney, BGBl. No 27/1980, with the expiry of 30 June 2012, with the proviso that it will continue to be applied on the basis of training courses carried out in accordance with paragraph 3.

(3) The basic training for district attorneys can be obtained by 31 December 2012 at the latest in accordance with the previous law (paragraph 3). 2).

(4) For staff members who have the basic training for district attorneys according to the previous rule (BGBl. No. 27/1980),

1.

The obligation to complete the basic training course for legal polemators is no longer required;

2.

Replaces the training days provided for in this Regulation with a streamline training curriculum to the extent of a total of 17 days of training, each of which shall be eight hours, with the following:

a)

which is referred to in Article 8 (2) (1) (1 c and Z 2 lit. d enumerated modules no later than 30 June 2013; and

b)

the modules listed in Section 8 (2) (2) (5), (6) and (7) by 30 June 2014 at the latest

are to be completed. About the in lit. a) The modules are to be laid down in accordance with the provisions of the above regulation and the Federal Ministry of Justice. Moreover, the provisions of this Regulation shall apply in accordance with the provisions of this Regulation for the organisation and implementation of the courses provided for in this transitional provision; if necessary, additional provisions shall be laid down by the Federal Ministry of Justice. meet.

(5) Insofar as some of the modules referred to in paragraph 4 have already been completed within the framework of further training events, these may be partially or fully credited (§ 30 BDG 1979). In the case of an invoice, the content of the appropriate module shall not be the subject of an examination as referred to in paragraph 4 (2) (2) of the last sentence.

Karl