64. Federal Law, with which the Penal Act, the Code of Criminal Procedure, the Law on the Law of Enforcement, the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Security Act, the Officials-sick-and The Accident Insurance Act, the NotarInsurance Act 1972 and the Unemployment Insurance Act 1977 are amended

The National Council has decided:

table of contents

Art. Subject matter

1	Amendment of the Criminal Law
2	Amendment of the Code of Criminal Procedure
3	Amendment of the probation aid law
4	Amendment of the General Social Insurance Act
5	Amendment of the Industrial Social Insurance Act
6	Amendment of the Farmers-Social Security Act
7	Amendment of the Staff Regulations-Health and Accident Insurance Act
8	Amendment of the Notarinsurance Act 1972
9	Amendment of the 1977 Unemployment Insurance Act

Article 1

Amendment of the Criminal Law

The law enforcement law, BGBl. No 144/1969, as last amended by the Federal Law BGBl. I n ° 18/2010, shall be amended as follows:

1. In § 17 (5), after the reference to Section 16 (2) (9), the following text shall be added as well as the number "10" inserted.

2. In the last sentence of § 99 (5), the turn shall be "and the state of the art corresponding and" through the turn "appropriate, technical" replaced. The following paragraph 5a is added:

"(5a) The Federal Minister for Justice is empowered to adopt by regulation directives on the type and implementation of electronic supervision."

3. According to § 156a, the following fifth section is inserted with the § § 156b to 156d:

" FIFTH SECTION

Prison sentence by electronically monitored house arrest

Principles of penal enforcement by electronically monitored house arrest

§ 156b. (1) The execution of the sentence in the form of the electronically supervised house arrest means that the prisoner should stay in his accommodation, a suitable employment (in particular, an employment, an education, the -childcare, non-profit-making or a comparable work-reintegration activity) and appropriate conditions of his/her life-management outside the institution (para. 2). The prisoner shall be prohibited from providing the accommodation, except for the purpose of carrying out his/her employment, for obtaining the necessary requirements for life, for the use of necessary medical assistance or for other reasons mentioned in the circumstances. leaving. It shall be monitored by appropriate means of electronic supervision and, as far as it is necessary to achieve the purpose of the educational penalty, it shall be monitored.

(2) The conditions should ensure a way of living for the purposes of the execution of the prison and, in particular, the periods to be taken in the accommodation and the periods of employment which must be in accordance with the normal working hours, . The Federal Minister for Justice is authorized by the Regulation to lay down guidelines for the organisation of the conditions of conduct of life outside the institution and on the nature and conduct of electronic surveillance, including the establishment of to those judicial institutions which have facilities for electronic supervision.

(3) The criminal prisoner shall replace the costs of the electronic house arrest to be determined by the Federal Minister of Justice. This obligation shall not apply to the extent to which the maintenance of the criminal prisoner and the persons to which he is obliged to maintain a simple way of living would be endangered. The costs are to be paid monthly in retrospect up to the fifth of the following month. The obligation to pay the costs is a separate statement of the authorization (§ 156d paragraph 2).

(4) Sections 1 to 3, 4 to 20, 22, 26, 27, 30 (1), 32a, 35, 36 (1), 64 Abs 2 last sentence, 72, 99, 99a, 102 (1), 102a, 103 (4) to (6), 104 to 106, 107, 108, 109 Z 1, 4 and 5, 110, 113 to 116a, 118, 119 to 122, 123, 126 (2) Z 4, 133, 2, 145, 146 (1), 147, 148, 149 (1), (4) and (5), 152, 152a, 153, 154 (2), 156 (1), first sentence, 156a, 179, 179a, 180 and 180a shall apply mutatily.

Authorisation and revocation

§ 156c. (1) The execution of a period of imprisonment in the form of the electronically supervised house arrest is to be granted at the request of the prisoner or on the basis of an application by the convicted person, which is admissible even before the criminal proceedings are filed, if:

1.		the criminal period to be burnt or to be served does not exceed twelve months or is not likely to exceed, in accordance with the appropriate application of Section 145 (2),
2.		the right-breakers in the country
a.			has suitable accommodation,
b.			appropriate employment,
c.			income that can be used to earn a living,
d.			Sickness and accident insurance cover,
3.		the written consent of the persons living in the common household; and
4.		After having examined the housing conditions, the social environment and any risk factors, as well as compliance with the conditions (§ 156b para. 2), it is to be assumed that the right-breaker will not abuse this form of execution.

(2) The holding in the electronically monitored house arrest shall be revoked if:

1.		a condition necessary for their arrangement is omitted, in accordance with Section 145 (3) of this Directive,
2.		the prisoner does not comply with an order or condition imposed on him either in a serious manner or in spite of a formal warning,
3.		the prisoner is in default for more than one month with the payment of the cost contribution, where a new authorisation is not considered before the refund has been paid,
4.		the prisoner declares not to be able to comply with the conditions, or
5.		There is an urgent suspicion against the criminal prisoner, an intentional act punishable by law during the electronically supervised house arrest or an intentional or negligent judicial offence, the issuing of which shall be subject to the law of the court. 1 Z 4 would prevent the execution of the prison sentence by means of electronically supervised house arrest, to have committed or to withdraw from the further prison sentence.

Competence and procedures

§ 156d. (1) The decisions concerning the holding in the electronically supervised house arrest and the revocation shall be made by the head of the judicial institution in which the term of imprisonment is carried out at the time of the application or in which it is to be carried out if: The accommodation of the prisoner or convicted person is situated in the Sprengel of the national court in which the judicial institution is located, and which has facilities for electronic surveillance (§ 156b para. 2). If the prisoner is stopped in another institution, the decision on the holding in the electronically supervised house arrest of the law enforcement authority shall be required, which shall at the same time, in the case of approval of the application, the necessary The law of the penal site has to be changed. Section 135 (2), first sentence, last sentence and second sentence, as well as (3), shall apply mutatily.

(2) At the same time as the execution of the sentence in the form of the electronically supervised house arrest, the criminal prisoner is subject to the conditions of his/her conduct of life outside the institution (§ 156b para. 2) and the amount of the sentence to be paid by him. To impose costs (§ 156b (3)) and, if necessary, to take care of him by a person experienced in social work (§ 29c probation aid law in the version BGBl). I No 64/2010).

(3) If the right-breaker was convicted of a criminal offence referred to in § 52a (1) of the German Criminal Code (StGB), an opinion of the Evaluation and Evaluation Centre for Violence and Violence shall be taken before the decision to examine the conditions of Section 156c (1) (4) of the German Criminal Code (StGB). To seek sexual offenders.

(4) If the application of a convicted person cannot be decided within the time limit laid down in Section 3 (2), the order of the execution of the sentence shall be provisionally suspended until the final decision has been passed if the application is not apparently hopeless. If the application is accepted, the admission shall be limited to the measures provided for in § § 131 (1) and 132 (4) and (7). "

Section 181 is added to the following paragraph 20:

" (20) § § 17 and 99 as well as 156b to 156d in the version of the Federal Law, BGBl. I No 64/2010 will enter into force on 1 September 2010. '

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 n ° 38/2010, shall be amended as follows:

(1) § 153 is amended as follows:

(a) In paragraph 3, the last sentence is:

" If such an order cannot be obtained due to danger in default, or if the accused is entered on a fresh act or is immediately thereafter credibly accused of the commission of the offence or is entered with objects on his/her own Involvement in the crime may lead to the criminal police being able to perform it on its own. "

(b) (4) reads:

" (4) Where the place of residence of a witness or an accused person is situated outside the proceedings of the competent public prosecutor's office or court, it shall be admissible for the immediate interrogation at the seat of the public prosecutor's office or the court of justice, shall carry out the transmission of words and images by means of technical facilities in the latter's or whose sprenelings shall be located. "

2. § 172 is amended as follows:

(a) In paragraph 1, the first half-sentence of the third sentence is:

"If this, in particular because of the removal of the place of arrest, would only be possible with disproportionate effort or would not be tunable because of illness or injury to the accused,"

(b) In paragraph 2, in the third sentence, after the word "take off" the twist "or to take up the security performance applied in accordance with § 172a" inserted.

3. In accordance with § 172, the following § 172a and title shall be inserted:

" Security performance

§ 172a. (1) The order to the accused person, an appropriate security to ensure the conduct of the criminal proceedings, the payment of the financial penalty to be expected and the costs of the proceedings as well as the compensation payable to the victim (Section 67 (1)) , if the accused person is in urgent need of suspicion of a particular offence and has been interrogated to the cause, suspicion and the conditions of security, and is to be provided on the basis of certain facts, that: the accused is withdrawn from the proceedings or the execution of the Criminal proceedings would otherwise be impossible or much more difficult.

(2) The security and the amount of the security shall be ordered by the Public Prosecutor's Office and shall be carried out by the Criminal Investorship. In the event that the security applied does not take place immediately in cash, the criminal police must forcibly ensure that the accused carries with him the person who appears to belong to him and whose value he/she is of the amount of the amount of the security may not exceed the amount of the security. The criminal police shall immediately forward the results of the investigation, together with the security or the objects to be seized, to the Public Prosecutor's Office.

(3) The security shall be free as soon as the criminal proceedings have been terminated in an effective way, but in the event of the conviction of the defendant only after he has been fined and the costs of the proceedings imposed on him and, where appropriate, the private person concerned. was paid in the case of compensation and, in the event of an unconditionally contrual sentence, the term of imprisonment has been granted. Items and assets secured as security shall also be released as soon as the accused is given the security applied in money or a third party to whom no participation in the act is responsible shall be granted rights to the goods or to the goods or services. Assets credibly.

(4) The security shall be declared to be forfeited by the court at the request of the public prosecutor's office or on its own account by decision if the accused person is responsible for the proceedings or the execution of the penalty and the costs of the proceedings or the payment of the Compensation shall be paid to the private person, in particular by not following a summons or a call for the criminal offence or the payment of the fine or the cost of the proceedings. Section 180 (4) of the last sentence and (5) shall apply mutatily. "

4. According to § 173, the following § 173a together with the heading is inserted:

" House Arrest

§ 173a. (1) At the request of the public prosecutor's office or the accused person, the pre-trial detention may be continued as house arrest, which shall be carried out on the accommodation in which the defendant has established his/her domestic residence. The order of the house arrest is permissible if the custody cannot be annulled against a more successful means (Section 173 (5)), but the purpose of the holding (§ 182 (1)) can also be achieved by this kind of execution of the remand custody, because the accused is in orderly living conditions and agrees to be monitored by appropriate means of electronic supervision (§ 156b (1) and (2) of the StVG). Moreover, the provisions relating to the continuation, suspension and maximum duration of the pre-trial detention shall apply mutatis mutually, with the proviso that, as from the order of the house arrest, detention negotiations shall not take place on the grounds of their own motion and that the decision on the detention shall be taken over Continuation or cancellation of the pre-trial detention without prior oral proceedings can be made in writing.

(2) A request pursuant to paragraph 1 shall be taken in an arrest trial (Section 176 (1)). Where appropriate, the Court of First Instance shall, immediately after application, order provisional probation aid pursuant to Section 179 and instruct the probation aid to the Court, at the latest in the trial of the person responsible for the life of the accused person and his social ties, including the possibility of pursuing an employment or training without endangering the detention centre, and the conditions agreed with the accused for the execution of the house arrest, the To reaffirm compliance with the accused in the trial of liability by pledge. Leaving the accommodation is not allowed except for the achievement of the work or training place, for the procurement of the necessary life needs and for the use of necessary medical assistance on the shortest distance in each case.

(3) If the request is filed, the Public Prosecutor's Office shall inform the Criminal Police and the security authority of the place where the house arrest is carried out, and instruct the judicial institution to instruct the accused after the establishment of the to be placed under house arrest for electronic supervision.

(4) The court has to revoke the house arrest and order the further enforcement of the remand detention in the judicial institution if the accused declares to revoke his consent. The same shall apply at the request of the public prosecutor's office if the accused does not comply with his pledge against the conditions or if otherwise it is clear that the detention awakened by the house arrest cannot be reached. The criminal police must be appointed to carry out the rendition.

(5) If the house arrest is not revoked in accordance with paragraph 4, in the case of the legal force of the judgment, Section 3 (2) of the StVG, shall apply mutasensitily. "

5. § 174 (3) Z 8 reads:

" 8.		the notice that the accused is entitled to a complaint and that he may, moreover, at any time request his or her revelation or the order of the house arrest (§ 173a). "

6. In § 176 (1) (2) (2), after the word "pronouncates" the twist "or the order of the house arrest (§ 173a) is requested" inserted.

7. In accordance with § 265, the following § 266 is inserted:

" § 266. (1) The court may declare in the criminal court that a holding in the electronically supervised house arrest (§ 156b StVG) is not eligible for a certain period of time for the period referred to in § 46 (1) of the Criminal Code (StGB), if, on the basis of certain It is to be assumed that such a holding will not be sufficient to hold the convicted of further criminal acts, or, exceptionally, the execution of the sentence in the institution is required in order to commit offences punishable by criminal law be counteracted by others. Section 43 (1) of the last sentence of the German Civil Code (StGB) applies analogously This objection or its failure constitutes part of the opposition over the penalty and may be appealed in favour and to the detriment of the accused person with appeal.

(2) In the event that circumstances arise or become known in the event of which no objection pursuant to paragraph 1 had been made at the time of the judgment, the court shall repeal the said.

(8) § 514 shall be added after paragraph 9 of the following paragraph 10:

" (10) The provisions of § § 153 (3) and (4), 172 (1) and (2), 172a, 173a, 174 (3) Z 8, 176 (1), (2) and (266) in the version of the Federal Law, BGBl. I No 64/2010, enter into force on 1 September 2010. '

Article 3

Amendment of the probation aid law

The Probation Aid Act (BewHG), BGBl. No. 146/1969, as last amended by the Federal Law BGBl. I n ° 52/2009, shall be amended as follows:

1. The heading of the Sixth Section reads as follows:

"Participation in compensation, mediation of non-profit services and training and courses, as well as support during the execution of the prison through electronically monitored house arrest"

2. § 29 is amended as follows:

(a) In paragraph 1, the word "and" replaced by a comma and after the parenthesis "(§ 51 of the Criminal Code)" the turn "as well as support during the prison sentence by electronically supervised house arrest (§ § 156b (1) and 156d (2) of the Penal Act)" inserted.

(b) In paragraph 5, after the citation "(§ § 201 (4) and 203 (3) of the StPO)" the twist "or the judicial institution for supervision during the execution of the prison by electronically supervised house arrest (§ 156d para. 2 StVG)" inserted.

3. In accordance with § 29b, the following § 29c and heading is inserted:

" Supervision during the execution of the prison by electronically monitored house arrest

§ 29c. (1) At the request of the judicial institutions in social work, experienced persons act as carers at the request of the judicial institutions in the supervision of the criminal prisoner during the prison sentence.

(2) The supervisor shall inform the criminal prisoner of the nature of the execution of the sentence by electronically supervised house arrest and shall assist the accused in compliance with the conditions imposed on him (§ 156b para. 2 StVG).

(3) The provisions of the Second and Third Section shall apply mutatily to the activities of the maintainer. "

4. The previous § 29c is given the name "§ 29d" .

5. § 30 the following paragraph 6 is added:

" (6) The § § 29, 29c and d in the version of the Federal Law, BGBl. I No 64/2010 will enter into force on 1 September 2010. '

Article 4

Amendment of the General Social Insurance Act

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I n ° 63/2010, shall be amended as follows:

(1) In § 89, the following paragraph 2a is inserted after paragraph 2:

" (2a) In the cases referred to in paragraphs 1 (1) and 2 (2), the resting of benefits shall not apply if the custodial sentence is suspended in electronically supervised house arrest in accordance with the Fifth Section of the Penitary-General Act or the Pre-trial detention by house arrest in accordance with § 173a of the Code of Criminal Procedure in 1975. "

2. In accordance with § 653, the following § 654 shall be added together with the heading:

" Final determination on Art. 4 of the Federal Law BGBl. I No 64/2010

§ 654. Section 89 (2a) in the version of the Federal Law BGBl. I No 64/2010 shall enter into force on 1 September 2010. '

Article 5

Amendment of the Industrial Social Insurance Act

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I n ° 63/2010, shall be amended as follows:

1. In § 58, the following paragraph 2a is inserted after paragraph 2:

" (2a) In the cases referred to in paragraphs 1 (1) and 2 (2), the resting of benefits shall not apply if the custodial sentence is suspended in electronically supervised house arrest in accordance with the Fifth Section of the Penitary-General Act or the Pre-trial detention by house arrest in accordance with § 173a of the Code of Criminal Procedure in 1975. "

2. In accordance with § 334, the following § 335 shall be added together with the heading:

" Final determination on Art. 5 of the Federal Law BGBl. I No 64/2010

§ 335. Section 58 (2a) in the version of the Federal Law BGBl. I No 64/2010 shall enter into force on 1 September 2010. '

Article 6

Amendment of the Farmers-Social Security Act

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I n ° 63/2010, shall be amended as follows:

1. In § 54, the following paragraph 2a is inserted after paragraph 2:

" (2a) In the cases referred to in paragraphs 1 (1) and 2 (2), the resting of benefits shall not apply if the custodial sentence is suspended in electronically supervised house arrest in accordance with the Fifth Section of the Penitary-General Act or the Pre-trial detention by house arrest in accordance with § 173a of the Code of Criminal Procedure in 1975. "

2. In accordance with § 325, the following § 326 and title shall be added:

" Final determination on Art. 6 of the Federal Law BGBl. I No 64/2010

§ 326. § 54 (2a) in the version of the Federal Law BGBl. I No 64/2010 shall enter into force on 1 September 2010. '

Article 7

Amendment of the Staff Regulations-Health and Accident Insurance Act

The Civil And Accident Insurance Act, BGBl. I n ° 200/1967, as last amended by the Federal Law BGBl. I n ° 147/2009, shall be amended as follows:

1. In § 35, the following paragraph 2a is inserted after paragraph 2:

" (2a) In the cases referred to in the first and second sentences of paragraph 1, the resting of benefits shall also not occur if the custodial sentence is held in electronically supervised house arrest in accordance with the Fifth Section of the Penitary-General Act or the Pre-trial detention by house arrest in accordance with § 173a of the Code of Criminal Procedure in 1975. "

2. In accordance with § 225, the following § 226 shall be added together with the heading:

" Final determination on Art. 7 of the Federal Law BGBl. I No 64/2010

§ 226. Section 35 (2a) in the version of the Federal Law BGBl. I No 64/2010 shall enter into force on 1 September 2010. '

Article 8

Amendment of the Notarinsurance Act 1972

The Emergency Insurance Act 1972, BGBl. N ° 66, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. In § 25, the following paragraph 2a is inserted after paragraph 2:

"(2a) The repurchase of pension rights as referred to in paragraph 1 shall not apply if the custodial sentence is carried out by means of electronically supervised house arrest in accordance with the fifth section of the penal law."

2. In accordance with § 115, the following § 116 and title shall be added:

" Final determination on Art. 8 of the Federal Law BGBl. I No 64/2010

§ 116. Section 25 (2a) in the version of the Federal Law BGBl. I No 64/2010 shall enter into force on 1 September 2010. '

Article 9

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977, BGBl. N ° 609, as last amended by the Federal Act BGBl. I n ° 63/2010, shall be amended as follows:

1. In Section 12 (6), the point at the end of the lit. e replaced by a stroke point and the following lit. f is added:

" f)			in the context of the enforcement of a sentence by holding in electronically supervised house arrest pursuant to § 156b (1) of the Penal Code Act or in the framework of an investigative detention by house arrest pursuant to Section 173a of the Code of Criminal Procedure in 1975 on a The measure referred to in paragraph 5. "

2. The following paragraph 108 is added to § 79:

" (108) § 12 (6) in the version of the Federal Law BGBl. I No 64/2010 shall enter into force on 1 September 2010. '

Fischer

Faymann