Criminal Competency Package - Skp

Original Language Title: Strafrechtliches Kompetenzpaket – sKp

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108. Federal Law, with which the Criminal Code, the Code of Criminal Procedure in 1975, the Public Prosecutor Act and the Judicial Organization Act are amended to strengthen the criminal law competence (criminal law competence package-sKp)

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

Amendment of the Public Prosecutor's Act

Article 4

Amendment of the Court of Justice Act

Article 5

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 n ° 58/2010, is amended as follows:

1. The heading of the third section of the General Part reads as follows:

"Penalties, decay and preventative measures"

2. In accordance with § 19, the following § 19a and title shall be inserted:

" Confiscation

§ 19a. (1) Items which the offender has used to commit an intentional crime which has been determined by him to be used in the commission of this offence, or which have been produced by that act, are to be found in: confiscate if they are in the possession of the perpetrator at the time of the decision.

(2) The confiscation shall not be confiscated to the extent that it is disproportionate to the meaning of the act or to the accusation of the offender. "

3. § § 20 to 20c with headings are:

" Decay

§ 20. ( 1) The court has to expire assets that have been obtained for the commission of an act threatened with punishment or through it.

(2) The decay shall also extend to uses and substitute values of the assets to be declared pursuant to paragraph 1 for expired assets.

(3) To the extent that the assets subject to the expiration of paragraph 1 or 2 are not seized or confiscated (Section 110 (1) Z 3, 115 (1) (3) of the StPO), the court has to declare a sum of money to be forfeited in accordance with the provisions of Section 1 and (2) of the German Law. acquired assets.

(4) In so far as the extent of the assets to be forfeited cannot be determined or can only be determined with disproportionate effort, the court shall fix it according to its conviction.

Failure to depart

§ 20a. (1) The decay to a third party pursuant to § 20 (2) and (3) shall be excluded, insofar as the third party has acquired the assets in ignorance of the act threatened with punishment.

(2) In addition, the decay is excluded:

1.

in respect of a third party, in so far as the third party has acquired the assets in unfamiliarity with the act threatened with punishment,

2.

to the extent to which the person concerned has satisfied or has provided security for civil claims, or

3.

insofar as its effect is achieved by other legal measures.

(3) It shall be possible to refrain from decay, in so far as the asset to be forfeited or the prospect of its insertion is disproportionate to the procedural burden which the decay or the transfer would require.

Extended decay

§ 20b. ( 1) Assets that are subject to the power of a criminal organization (§ 278a) or a terrorist group (§ 278b) or have been made available or collected as a means of terrorist financing (§ 278d) are to be forfeited Explain.

(2 ) If an unlawful act has been committed in accordance with § § 165, 278, 278c, for the commission or by the assets, or if such a crime has been committed, those assets shall also be declared to be forfeited in a period of time. This action has been linked to this act, provided that the assumption is obvious that it comes from an illegal act and that its lawful origin cannot be credibly made.

(3 ) Section 20 (2) to (4) of the German StGB shall apply accordingly.

Failure of the extended decay

§ 20c. ( 1) The extended decay according to § 20b, paragraph 1 of the German Criminal Code (StGB) is excluded insofar as there are legal claims on the affected assets of persons who are not involved in the criminal organisation or terrorist organisation or terrorist financing. are involved.

(2 ) § 20a StGB shall apply accordingly. "

4. The title of § 31a reads as follows:

"Subsequent alleviation of the penalty and the decay"

5. § 31a para. 3 deleted; the previous paragraph 4 receives the sales designation "(3)" .

6. In § 57 (4), the turn-of-the-turn "the depletion of enrichment," .

7. In Section 59 (2), the turn-of-the-turn "the depletion of enrichment," .

8. The last sentence is deleted in Section 59 (4).

9. In § 64 paragraph 1 Z 9 shall be after the quote "224," the twist "Further training for terrorist purposes (§ 278e)" inserted.

10. According to § 278d, the following § 278e shall be added together with the headings:

" Training for terrorist purposes

§ 278e. (1) Anyone who has a different person in the manufacture or use of explosives, shot or other weapons or harmful or dangerous substances, or in another, equally harmful or dangerous, specifically for the purpose of committing a If, in accordance with Article 278c (1) Z 1 to 9 or 10, the terrorist offence is subject to such a terrorist offence, punishable by a custodial sentence of one to ten years shall be punishable by he knows that the mediated skills are to be used for this purpose.

(2) Those who are in the manufacture or use of explosives, shelling or other weapons or harmful or dangerous substances or in another, equally harmful or dangerous specifically to commit a terrorist offence in accordance with Article 278c (1) (1) to (9) or (10), or by such a procedure, in order to commit such a terrorist offence by using the acquired abilities, by imprisonment of six months up to five years to punish. However, the sentence may not be more stringent in nature and measure than the law for the intended act of androht. "

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 64/2010, shall be amended as follows:

1. The title of the second main item is as follows:

"Criminal police, prosecutor's office, court and legal protection officer"

1a. § 19 (1) Z 3 reads as follows:

" 3.

the Central Prosecutor's Office for the Persecution of Economic Criminal Matters and Corruption (WKStA). "

§ 20a, together with the title, reads as follows:

" Central Prosecutor's Office for the Prosecution of Economic Criminal Matters and Corruption (WKStA)

§ 20a. (1) The WKStA shall be responsible for the investigation procedure for the entire Federal territory, the termination of which shall be within the meaning of the 10. and 11. Main proceedings as well as the submission of the charges and their representation in the main proceedings and in proceedings before the Higher Regional Court for the following offences or crimes:

1.

Misappropriation, serious or commercial fraud, fraudulent data-processing abuse, infidelity, abuse of funds and fraudulent Krida, to the extent that it is reasonable to assume, on the basis of certain facts, that the action brought about by the act is Damage exceeding EUR 5 000 000 (§ § 133 (2) 2. Fall, 147 (3), 148 2. Fall, 148a (2) 2. Fall, § 153 (2), second case, 153b (4) and 156 (2) of the StGB (German Civil Code));

2.

Fraudulent pre-payment of social security contributions and surcharges according to the Construction Workers ' Holiday and Abortion Act, to the extent that it is reasonable to assume, on the basis of certain facts, that the extent of the contributions or surcharges included in the contract is 5 000 000 (§ 153d para. 2 and 3 of the German Civil Code) and the organization of undeclared work (§ 153e StGB);

3.

Grossly negligent impairment of creditor interests pursuant to § 159 (4) of the German Civil Code (StGB), in the cases of § 159 (4) (1) and (2) of the German Civil Code (StGB), however, only if it is to be assumed on the basis of certain facts that the loss of satisfaction exceeds 5 000 000 euros;

4.

Chain or pyramid games according to § 168a para. 2 StGB;

5.

Seizure by persons in power (§ 153a StGB), restrictive agreements in the case of award procedures (168b StGB), acquisition by agents or agents (§ 168c para. 2 StGB), bribery (§ 304 StGB), benefit acceptance (§ 305 StGB), Preparation of the bribery or the benefit-taking (§ 306 StGB), bribery (§ 307 StGB), benefit-benefit (§ 307a StGB), preparation of bribery (§ 307b StGB) and Forbidden Intervention (§ 308 StGB);

6.

In accordance with § 255 of the German Stock Corporation Act, BGBl. No. 98/1965, § 122 GmbH-Gesetz, RGBl. No. 58/1906, § 89 Cooperative Act, RGBl. No. 70/1873 § 37 Real Estate Investment Fund Act, BGBl. I n ° 80/2003, § 44 of the Investment Fund Act, BGBl. No. 532/1993, § 15 Capital Market Act, BGBl. No 625/1991, § 43 of the Austrian Law on Austrian Law, BGBl. No 379/1984, § 41 PSG, BGBl. N ° 694/1993, § 64 of the SE Act, BGBl. N ° 67/2004, § 18 gap G, BGBl. No 304/1996, and § 114 VAG, BGBl. No 569/1978 and proceedings pursuant to § 48b BörseG, BGBl. 555/1989;

7.

financial offences falling within the jurisdiction of the courts, to the extent that, on the basis of certain facts, it is to be assumed that the penalty-determining value exceeds EUR 5 000 000;

8.

Money laundering (§ 165 StGB), in so far as the assets are derived from a criminal offence mentioned in the preceding paragraphs;

9.

Criminal organisation or criminal organisation (§ § 278 and 278a StGB), insofar as the association or organization or the commission is aligned with one of the offences referred to in the preceding paragraphs.

(2) Investigation proceedings relating to the offences referred to in paragraph 1 (5) and (3) and (3) and related offences in accordance with paragraph 1 (8) and (9) have been carried out by the WKStA in accordance with the provisions of this Federal Law in cooperation with the Federal Office for the Prevention of Corruption and to Combat Corruption, unless its institutions are unable to intervene in time, the Federal Office has transferred the investigation of another criminal police authority or service or otherwise there is an important reason, orders to other criminal police authorities or services.

(3) The WKStA shall also be responsible for proceedings for legal assistance or criminal cooperation with the competent bodies of the European Union and with the judicial authorities of the Member States of the European Union on the basis of the provisions of paragraph 1 of this Article. Criminal offences. It is the central national liaison body to OLAF and Eurojust, where proceedings are concerned for such offences.

(4) In the cases of connection with the offences referred to in paragraph 1, the WKStA shall act in accordance with § § 26 and 27. With regard to other acts, the WKStA has to separate the proceedings and withdraw the prosecutor's office after that, provided that its competence is not justified in accordance with § 20b; moreover, the WKStA may act in this way if the Proceedings shall be terminated on the basis of criminal offences which are responsible for their jurisdiction. In addition, the Public Prosecutor's Office, which first becomes aware of an offence within the meaning of paragraph 1, has the right to make the orders which are not to be postponed and to withdraw the proceedings against the WKStA. "

3. In accordance with § 20a, the following § 20b shall be inserted:

" § 20b. (1) Where special knowledge of economic life or experience with such procedures is required for the effective and speedy management of commercial criminal matters, the WKStA may be subject to an economic criminal responsibility of the competent authorities. Take away the public prosecutor's office and pull it on.

(2) Economic criminal matters in this sense are proceedings for criminal acts against foreign assets in connection with entrepreneurial activity, which are due to their scope or complexity or to the multitude of parties involved in the procedure, which involved business circles or the particular public interest in the investigation of the facts to be investigated.

(3) The WKStA may also apply proceedings in accordance with Section 302 of the German Criminal Code (StGB) in respect of which there is a particular public interest due to the significance of the offence to be investigated or the person of the suspect.

(4) The Public Prosecutor's Office shall immediately report to the WKStA on pending procedures in accordance with the preceding paragraphs, which could be managed more efficiently and expeditiously. Until the decision of the WKStA, they shall have the necessary orders, whatever the case. "

§ 23 shall be inserted in accordance with paragraph 1 of the following paragraph 1a:

" (1a) At the request of the legal protection officer, the General Procurature may oppose the unlawful conduct of a coercive measure by the criminal police or the unlawful order of a coercive measure, as well as a decision of the Prosecutor's office of termination of the investigation proceedings for annulment of an action for annulment in respect of the law, provided that the persons entitled to appeal have not brought such an appeal or such an appeal has been made It could not be determined. "

5. In Section 26 (3), the abbreviation shall be "KStA" in each case by the short designation "WKStA" replaced.

6. § 28a together with the title is as follows:

" Conflict of competence in procedures of the WKStA

§ 28a. In the event of a conflict of jurisdiction between WKStA and other public prosecutors pursuant to § 28, the General Procuratur shall have to decide which of them the responsibility to do. The same shall apply in the event that the WKStA is to be removed from the grounds referred to in § 28. "

7. In accordance with § 32, the following section 32a and title shall be inserted:

" Responsibility for economic criminal matters and corruption

§ 32a. (1) The special court departments established at the Vienna State Court for Criminal Matters (§ 32a GOG) are responsible for the conduct of the main proceedings for the entire Federal territory on the basis of charges relating to the offences referred to in § 20a, to the extent that: Delegation in accordance with section 39 (1a).

(2) According to the provisions of § § 31 and 32, the regional court decides by a single judge or as a jury member and a jury. Section 213 (6) of the second and third sentences shall not apply. "

7a. § 39 is inserted in accordance with paragraph 1 of the following paragraph 1a:

" (1a) An important reason within the meaning of paragraph 1 is also in proceedings brought by the WKStA pursuant to the provisions of § § 20a and 20b if the conduct of the main proceedings before the law established pursuant to § 32a of the court organization law special court departments of the Regional Court of Criminal Matters Vienna with regard to the scope of the proceedings, the place of detention of the accused, the residence of witnesses, experts and other evidence, or to avoid delays or reduce the cost of effective and speedy management of the main proceedings in the case of economic and corruption criminal cases. In this case, the Supreme Court or the Higher Regional Court of Vienna, at the request of the accused or the WKStA, has to take the proceedings to the competent court and its leadership to the above-mentioned special court departments of the Regional Court for Criminal matters Vienna insofar as their jurisdiction would not be justified in accordance with Section 36 (3) of the penultimate sentence. "

7b. According to § 47, the following § 47a shall be added together with the headings:

" 5. Section

Legal Protection Officer

§ 47a. (1) The Federal Minister of Justice has the right to exercise special legal protection pursuant to this Federal Act after obtaining a joint proposal by the President of the Constitutional Court, the Chairman of the People's Office and the President the Austrian Bar Association shall appoint a legal protection officer as well as the required number of deputies with their consent for a period of three years; reorders shall be admissible. The proposal has at least twice as many names to be ordered as people to order.

(2) The legal protection officer and his/her deputies must have special knowledge and experience in the field of fundamental rights and freedoms and must have worked for at least five years in a profession in which the completion of the studies of The law is a prerequisite for the law and the exercise of which has gained experience in criminal and criminal proceedings. Judges and prosecutors of the office, lawyers who are registered in the list of lawyers, and other persons who are excluded or not to be appointed by the office of a jury or spoon (§ § 2 and 3 of the German law) Sworn-and Schöffengesetz 1990), must not be ordered.

(3) The appointment of the legal protection officer and his deputy shall be issued in the event of a waiver, in the event of death, with the end of the period of order or due to subsequent incompatibility pursuant to paragraph 2; however, in the event of the end of the period of completion of the order, it shall not be before the new appointment of a legal protection officer. In the cases of Section 43 (1), the legal protection officer has to abstain from the point in time when he became aware of the reason for writing in the case.

(4) The legal protection officer shall be independent in the performance of his duties and shall not be bound by any instructions. He is subject to official secrecy. His deputies have equal rights and duties.

(5) In the case of the legal protection officer, it shall be made in the course of the office of the Supreme Court, which shall also be responsible for the legal affairs of the legal protection officer.

(6) The legal protection officer shall be charged as compensation for the performance of his duties under this Federal Act for each, if only an hour commenced, a tenth of the compensation of a substitute member of the Constitutional Court for a Sitting day (Section 4 (3) of the Constitutional Court Act). For the remuneration of his travel expenses, the provisions of the travel fee rule shall apply to federal staff, with the proviso that his place of residence shall be deemed to be a place of service and that the travel allowance in the fee level 3 shall be due to him. The Federal Minister of Justice is responsible for the assessment of the fees charged to the legal protection officer.

(7) By 31 March each year, the legal protection officer shall report to the Federal Minister for Justice about his activities and his perceptions within the scope of his duties (§ § 23 (1a), 147, 195 (2a)) during the previous year. ,

8. In § 64 (1), the turn-of-the- "from the depletion of enrichment, from decay" through the turn "from the decay, from the extended decay" replaced.

9. § 100a, together with the headline, reads as follows:

" Reports to the WKStA

§ 100a. (1) The Criminal Police shall report to the WKStA on any suspicion of a criminal offence referred to in § 20a (1) (1) (1) (2) (1) (1).

(2) For reasons of convenience and in order to avoid delays, the WKStA may request other prosecutors to carry out individual investigative or other acts of office. These are obliged to fully support the WKStA and to provide assistance in law enforcement. "

10. In § 110 (1) Z 3, the turn-of-the- "Depletion of enrichment (§ 20 StGB), of decay" through the turn "Confiscation (§ 19a StGB), the decay (§ 20 StGB), the extended decay" replaced.

11. In § 115 (1) Z 3, the turn-of-the- "Depletion of enrichment (§ 20 StGB), on decay" through the turn "Confiscation (§ 19a StGB), on decay (§ 20 StGB), on extended decay" replaced.

Article 115 (5) reads as follows:

" (5) In a decision authored a seizure to secure a court order for decay (§ 20 StGB) or extended decay (§ 20b StGB), a sum of money shall be determined in which the shall be declared to be forfeited Assets cover. "

13. In § 115a (1) Z 1, the turn of the "the depletion of enrichment or decay" through the turn "the decay or the extended decay" replaced.

14. In Section 115d (2), the turn shall be "the depletion of enrichment or decay" through the turn "the decay or the extended decay" replaced.

15. In § 116 para. 2 Z 2 the turn "Depletion of enrichment (§ 20 StGB), of decay (§ 20b StGB)" through the turn "confiscation (§ 19a StGB), the decay (§ 20 StGB), the extended decay (§ 20b StGB)" replaced and before the word "or" Insert a dash.

16. In § 132, the turn "from the decay (§ 20b StGB)" through the turn "from confiscation (§ 19a StGB), from decay (§ 20 StGB), from extended decay (§ 20b para. 1 StGB)" replaced.

16a. § 146.

16b. § 147 (5).

16c. § 169 is amended as follows:

(a) In paragraph 1, in the second sentence, after the word "Accused" A dash and the twist "Other victims" inserted.

(b) In accordance with paragraph 1, the following paragraph 1a is inserted:

" (1a) Publication of images of a defendant held in pre-trial detention shall be permitted on the basis of an order by the Public Prosecutor's Office under the conditions set out in the last sentence of paragraph 1, unless otherwise provided for further information. Offences whose commission is suspected of being a criminal offence would be much more difficult. "

17. § 194 reads:

" § 194. (1) In addition to the accused and the criminal police, the Public Prosecutor's Office has to inform all persons who are entitled to apply for a continuation of the proceedings (Section 195 (1)), in addition to the accused and the criminal police. The Court of First Instance shall be notified when it has been referred to the proceedings; no proof of delivery is required in any event.

(2) In an understanding of the cessation of the investigation procedure, it is to be found for what reason (§ § 190 to 192) the proceedings have been terminated; if necessary, the reservation of subsequent prosecution (§ 192 para. 2) should be included. In addition, persons who are entitled to submit a request for continuation (Section 195 (1)) shall be informed of the possibility of submitting an application for the continuation and the conditions of the application, as well as of the fact that the application shall be submitted within 14 days of the application. request a statement of reasons in which the facts and considerations on which the cessation is based are to be found in the form of a repressed presentation.

(3) From the hiring of an investigative procedure,

1.

which has been led by the WKStA and in which there is a particular public interest owing to the importance of the offence or the person of the accused, or in which legal issues of fundamental importance which have not yet been sufficiently clarified are assessed , or

2.

which was otherwise waged because of a criminal offence for which the regional court would be responsible in the main proceedings and in which no victim could be determined within the meaning of § 65 Z 1,

In addition, the legal protection officer shall be notified under the guidance of the reason for the cessation (§ § 190 to 192). Upon his request, the investigative act must be sent to him, in which case the deadline for the submission of an application for continuation (§ 195 para. 2) is set in motion with the act of the act being extended. The Public Prosecutor's Office shall, at the request of the Commissioner for the Protection of the Legal Affairs, set a reasonable period of six months, not to exceed six months, in order to request the continuation of a request for the continuation of a request for continuation. "

18. § 195 shall be amended as follows:

(a) para. 2 reads:

" (2) The application shall be submitted within fourteen days after the agreement has been reached (§ 194) or in the case of a request submitted within the time limit pursuant to § 194 (2) after the notification of the setting-up of the setting, however, the victim has been informed of the setting shall not be able to contribute within three months from the date of termination of the proceedings to the Public Prosecutor's Office. The application shall specify the procedure for which the continuation is sought and shall contain the information necessary for the assessment of its application within the prescribed time limit. In addition, the reasons for the individual and determined reasons for the violation or incorrect application of the law or the serious concerns are to be identified. If new facts or evidence are brought forward, Section 55 (1) shall apply mutafictily. "

(b) In accordance with paragraph 2, the following paragraph 2a is inserted:

"(2a) In the cases referred to in § 194 (3), the legal protection officer shall also be entitled to the application of an application for the continuation of the investigation procedure."

19. In § 199, the turn "this main piece" through the turn "§ § 198, 200 to 209" replaced.

20. According to § 209, the following § § 209a and 209b with headline are inserted:

" Resignation from the Persecution for Cooperation with the Public Prosecutor's Office

§ 209a. (1) The Public Prosecutor's Office may act in accordance with § § 200 to 203 and 205 to 209 if the accused voluntarily discloses his knowledge of facts which are not yet the subject of an investigation procedure conducted against him and the knowledge of which is essentially contributing to

1.

to decisively promote the clarification of a criminal offence under the jurisdiction of the regional court as a public or grand jury or of the WKStA (§ § 20a and 20b); or

2.

to research a person who is or has been a leader in a criminal organisation, criminal organisation or terrorist organisation.

(2) A proceeding in accordance with paragraph 1 requires that a punishment in respect of the acquired services (§ 198 (1) (1) to (3)), the validity of the information, in particular the complete presentation of his actions, and the evidence of the information appears not to be required in order to prevent the accused from committing criminal acts; it is inadmissible in the case of Section 198 (2) (3) and in the case of an offence of the accused, by which a person in their right to sexual integrity and Self-determination may have been violated. By way of derogation from Section 200 (2), the amount of money to be paid may correspond to a fine of 240 daytime rates.

(3) After the provision of the services, the Public Prosecutor's Office has to cease the investigation procedure under the reservation of subsequent prosecution.

(4) If

1.

the previous commitment to participate in the Enlightenment has been infringed, or

2.

the documents and information provided were incorrect, did not contribute to the conviction of the perpetrator, or only to conceal one's own leading activity in an association referred to in paragraph 1 (1) (2), or organization,

the prosecutions reserved pursuant to paragraph 3 may be resumed, unless the Public Prosecutor's Office does not have the necessary arrangements for the resumption within a period of fourteen days from the date on which the proceedings are terminated. The decision has been taken in which one of the circumstances circumscribed in Z 1 or 2 has been established.

(5) The Public Prosecutor's Office shall deliver its instructions in accordance with paragraphs 3 and 4 to the Legal Protection Officer, together with a justification for the proceeding. In the case of paragraph 3, the legal protection officer shall have the right to request the continuation of the proceedings, however, in the case of paragraph 4.

(6) In proceedings against associations according to the Law on the responsibility of the Union (VbVG), Federal Law Gazette (BGBl). No 151/2005, it is reasonable to proceed with the proviso that the provisions of Section 19 (1) (1) (1) to (3) of the VbVG are to be applied. The amount of money to be paid may, by way of derogation from section 19 (1) (1) (1) of the VbVG, be equivalent to a fine of 75 daily rates.

Resignation from the prosecution for cooperation with the Public Prosecutor's Office in the context of an antitrust infringement

§ 209b. (1) The Bundeskartellanwalt (Bundeskartellanwalt) has the public prosecutor's office of a proceeding of the Federal Competition Authority in accordance with Section 11 (3) of the Competition Act, BGBl. I n ° 62/2002, or by such action by the European Commission or by the competition authorities of the other Member States (Article 84 of the Antitrust Act, BGBl. 61/2005) if, in view of the weight of the contribution to the investigation of an infringement within the meaning of Article 11 (3) (1) of the Competition Act, it would be disproportionate, the employees of a company to which the company is responsible for the have been involved in such an infringement because of a criminal offence committed by such an infringement.

(2) The Public Prosecutor's Office then has the investigative procedure against the employees who have declared that the Public Prosecutor's Office and the Court of First Instance have all their knowledge of their own actions and other facts which are necessary for the investigation of the crimes committed by the infringement. shall be of decisive importance, to be disclosed, subject to the reservation of subsequent prosecution. Section 209a (4) and (5) shall apply mutatily.

(3) In the same way, proceedings against associations shall be carried out in accordance with the VbVG. "

21. In § 373b the turn "a depletion of enrichment in accordance with § 20 of the StGB or an infringement" through the turn "an infringement in accordance with § 20 of the StGB or an extended decay" replaced.

22. In § 408, paragraph 1, after the word "decay" the twist ", the extended decay, the confiscation" inserted.

23. In § 409 para. 1 last sentence, the turn "the depletion of enrichment according to § 20 StGB" through the turn "the decay according to § 20 para. 3 StGB" replaced.

24. In § 410 (1), the turn-of-the- "the depletion of enrichment, the decay" through the turn "the decay, the extended decay" replaced.

25. In § 410 (3), the turn-of-the- "the depletion of enrichment or decay" through the turn "the decay or the extended decay" replaced.

26. The headline of the 21. The main item is:

"Procedures for preventive measures and in the event of decay, extended decay and confiscation"

27. The section transcript before § 443 reads:

" III. From the method of decay, the extended decay and the confiscation "

28. In § 443 (1), the turn-over "the depletion of enrichment, the decay" through the turn "the decay, the extended decay" replaced.

29. In § 444 (2), after the word "decay" the twist "the extended decay" inserted.

30. In § 445 (1), the turn "the depletion of enrichment (§ 20 StGB), the decay" through the turn "the decay (§ 20 StGB), the extended decay" and the turn "Accommodation in one" through the turn "Accommodation in a" replaced.

31. In § 445 (2), the turn shall be "Depletion of enrichment or decay" through the turn "Decay or extended decay" replaced.

Section 514 shall be added in accordance with the following paragraphs 11 to 13, in accordance with the provisions of paragraph 10:

" (11) § § 23 (1a), 47a, 64 (1), 110 (1) Z 3, 115 (1) Z 3 and (5), 115a (1) Z 1, 115d (2), 116 (2) Z 2, 132, 146, 147 (5), 169 (1) and (1a), 194, 195 (1), (2) and (2a), 373b, 408 (1), 409 (1), (410) (1) and (3) (3), (443) Par. 1, 444 (2) and 445 (1) and (2) in the version BGBl. I No 108/2010 come with 1. Jänner 2011 in force.

(12) § § 199, 209a and 209b in the version of the Federal Law BGBl. I No 108/2010, enter 1. January 2011 in force and with expiration of 31 December 2016 again out of force.

(13) § § 19 (1) Z 3, 20a, 20b, § 39 (1a), 26 (3), 28a, 32a, 100a and 516 (7) and (8) in the BGBl version. I No 108/2010 will enter into force on 1 September 2011. '

In Article 516, the following paragraphs 7 and 8 shall be added after paragraph 6:

" (7) The WKStA is responsible for investigative procedures which are pending at the KStA on 31 August 2011 or after that date because of the provisions of Section 20a (1) in the version BGBl. I No 108/2010 referred to as 'offences'.

(8) Furthermore, the Office of the Public Prosecutor of the State of Vienna may investigate proceedings which have been carried out on 1 September 2011 with a public prosecutor's office in its Sprengel due to the provisions of Section 20a (1) of the BGBl version. No 108/2010, the competent public prosecutor's office and the WKStA are transferred to the public prosecutor's office, in so far as this is the case from the BGBl version of Section 20b, paragraph 1. I n ° 108 /2010, and in order to ensure the continuity of the investigation procedure.

(9) The provisions of § § 194 (3) (1) and 209a (1) (1) (1) (1), as amended by the Federal Law, Federal Law Gazette (BGBl) I n ° 108/2010, insofar as they refer to the competence of the WKStA, until the entry into force of the provisions on the jurisdiction of the WKStA pursuant to § 514 (13) in the version of the Federal Law, BGBl. I n ° 108/2010 to apply to the KStA. "

33. The table of contents before § 1 is amended as follows:

a) The title of the second main item is:

"Criminal police, prosecutor's office, court and legal protection officer"

(b) § 20a reads:

" § 20aCentral Prosecutor's Office for the Prosecution of Economic Criminal Matters and Corruption

(WKStA) "

(c) § 28a reads:

" § 28a

Conflict of jurisdiction in procedures of the WKStA "

(d) According to § 32, the following § 32a is inserted :

" § 32a

Responsibility for economic criminal matters and corruption "

(e) According to § 47, the following § 47a shall be inserted together with the headings:

" 5. Section

§ 47a.

Legal Protection Officer "

(f) § 100a reads:

" § 100a

Reports to the WKStA " .

g) According to § 209, the following § § 209a and 209b are inserted:

" § 209a

Resignation from the prosecution for cooperation with the Public Prosecutor's Office

§ 209b Resignation from the prosecution for cooperation with the Public Prosecutor's Office in the

Link with an antitrust infringement "

(h) The heading of the 21. The main item is:

"Procedures for preventive measures and in the event of decay, extended decay and confiscation"

(i) The heading of the III. Section of the 21. The main item is:

" III. From the method of decay, the extended decay and the confiscation "

Article 3

Amendment of the Public Prosecutor's Act

The Public Prosecutor's Law (StAG), BGBl. No. 164/1986, as last amended by Federal Law BGBl. I n ° 98/2009, shall be amended as follows:

1. § 2a reads as follows:

" Central Prosecutor's Office for the Prosecution of Economic Criminal Matters and Corruption

§ 2a. (1) The effective nationwide prosecution of economic crime, corruption and related organisational offences (Section 20a (1) of the StPO) and the management of large and complex procedures for economic criminal matters and for misuse of the Authority in accordance with Section 302 of the StGB and the exercise of central functions in the field of judicial assistance and cooperation with the competent bodies of the European Union and the judicial authorities of the Member States of the European Union Union for such offences shall be established at the seat of the Vienna Supreme Prosecutor's Office for the entire federal territory, under the name "Central Prosecutor's Office for the Prosecution of Economic Criminal Matters and Corruption", is a central prosecutor's office (WKStA).

(2) The scope of action of the WKStA extends to the entire Federal territory. The staffing of the WKStA has on the legal, business and other knowledge, skills and aptitude necessary for its tasks as well as sufficient experience in the field of activity as well as for the concentrated To take account of such procedures.

(3) The WKStA shall report in the cases of the OStA Vienna provided for in the law; § 8 (1) first sentence shall apply mutatily, with the proviso that the WKStA shall, before an end of the investigative procedure, be terminated in accordance with the provisions of the 10. up to 12. The main part of the StPO has to report. Prior to this, it has to inform about significant procedural steps after they have been ordered.

(4) The WKStA has to report to the Federal Minister of Justice by the end of April of each year on the criminal cases that have been completed in the past calendar year and that are still pending. In this report, the WKStA has taken up its perceptions about the state and the course of the fight against economic crime, as well as corruption and related organizational offences and the shortcomings of the legislation or the business process, and where appropriate, to submit appropriate amendments.

(5) It is appropriate to do so-possibly by means of Section 2 (5a) of the Judicial Supervision Agency Act (JBA-G), Federal Law Gazette (BGBl). I n ° 101/2008-to ensure that the WKStA has at least five experts from the financial or economic sector available. "

2. In accordance with § 35, the following § 35a is inserted:

" § 35a. In accordance with the personnel and technical requirements, the provisions of the Federal Law on the Supreme Court, BGBl. No. 328/1968, and the Court Organization Act, RGBl. No 217/1896, on the general accessibility of decisions, including decisions taken by the Public Prosecutor's Office on the termination of the investigation procedure after the 10. and 11. The main part of the StPO, in so far as they are of particular public interest, or which contain special legal statements relevant to the assessment of the same procedures, shall apply mutagenic to the relevant provisions. A publication has to be made in the Editions file and must be ordered by the Chief Public Prosecutor. "

3. § 42 is added after paragraph 13 of the following paragraph 14:

" (14) § § 2a and 35a in the version of the Federal Law BGBl. I No 108/2010 will enter into force on 1 September 2011. From this point on, the KStA will be replaced by § 2a in the version prior to the entry into force of the Federal Law BGBl. I n ° 108/2010 transferred tasks to the WKStA. "

Article 4

Amendment of the Court of Justice Act

The Law of the Court of Justice (GOG), RGBl. 217/1896, as last amended by Federal Law BGBl. I n ° 58/2010, is amended as follows:

1. In accordance with § 32, the following section 32a, including the heading, is inserted:

" Court Departments for Economic Criminal Matters and Corruption at the Regional Court for Criminal Matters Vienna

§ 32a. In order to ensure the effective and speedy conduct of the main proceedings in cases of economic and corruption criminal proceedings (Sections 20a, 32a and 39 (1a) of the StPO), their processing and assessment on account of their extreme scope or due to the large number of participants in the proceedings, of the economic groups involved and of the complexes to be investigated or, on the basis of the particular public interest in the Enlightenment, special knowledge of economic life or of the offence of the offence to be investigated, The management of such complex procedures shall be carried out by the Regional Court for Vienna to set up seven or more court departments, the directors of which shall be responsible for the legal, economic and other knowledge, skills and aptitude required for the performance of their duties, as well as the adequate Experience in the field of activity and the concentrated management of such procedures. "

§ 98 shall be added after paragraph 11 of the following paragraph 12:

" (12) § 32a in the version of the Federal Law BGBl. I No 108/2010 will enter into force on 1 September 2011. "

Article 5

entry into force

The provisions of Article 1 of this Federal Act shall be 1. Jänner 2011 in force.

Fischer

Faymann