142. Federal law amending the Criminal Code, the Penal Code Act, the Criminal Procedure Code, the juvenile justice Act 1988 and the Criminal Records Act

The National Council has decided:

table of contents
Item	Subject matter
I	Amendments to the Criminal Code
II	Amendments to the Penal Code
III	Amendments to the Code of Criminal Procedure
IV	Amendments to the Youth Court Act 1988
V	Amendments to the Criminal Records Act

Article I

Amendments to the Criminal Code

A. The Criminal Code, BGBl. No 60/1974, as last amended by the Federal Law BGBl. I n ° 98/2009, shall be amended as follows:

Section 46 (5) is amended as follows:

a) In the third sentence, the second half sentence is:

"if the convicted person has been dismissed from one of these penalties, the actual period of time spent in detention shall be deducted in the case of the calculation of the date (§ 46 (1) and (2)) as well as of the criminal period to be served."

(b) the following sentence shall be added to the third sentence:

"However, an earlier penalty to which an additional penalty has been imposed has to be disregarded, provided that the convicted person has been released from it before the half of the criminal period has been served."

2. In § 58 (3) (3) (3) the word "achievement" by the word "Completion" replaced.

(3) The following paragraph 1a is added to section 147 (1):

" (1a) It is also necessary to punish who is committing a fraud with more than little harm, by using a prohibited substance or a prohibited method after the establishment of the Anti-Doping Convention, BGBl. No. 451/1991, for the purpose of doping in sport. "

4. In § 293 (2), after the word "Procedure" the twist "or in an investigative procedure according to the Code of Criminal Procedure" inserted.

B. This article shall enter into force 1. Jänner 2010 in force.

Article II

Amendments to the Penal Code

The law enforcement law, BGBl. No 144/1969, as last amended by the Federal Law BGBl. I n ° 52/2009, shall be amended as follows:

(1) § 3 is amended as follows:

(a) In paragraph 1, the fourth sentence is:

"He is also required to inform him about the extent of the non-profit-making services to be provided."

(b) (3) reads:

" (3) If the performance cannot be carried out because the convicted person is fleeting or his/her stay is unknown, then, in addition to a subject-matter and a person's search for arrest, it is also possible to arrest the person.

1.		the seizure and seizure of objects,
2.		an identity determination, a search of places and objects,
3.		Observation and covert investigation,
4.		Seizure of letters, information on the data of a message transmission as well as monitoring of messages and the optical and acoustic monitoring of persons
if it is to be expected, on the basis of certain facts, that the person convicted may be identified as a result. Observation according to § 130 para. 3 StPO, covert investigation pursuant to § 131 para. 2 StPO, seizure of letters according to § 135 paragraph 1 StPO and information on data of a message delivery as well as monitoring of news according to § 135 para. 2 and 3 StPO and the Optical monitoring of persons according to § 136 para. 3 Z 2 StPO are moreover only admissible if the conviction has been pronounced on account of a deliberately committed offence, which is threatened with more than one year's imprisonment. In the case of optical and acoustic surveillance in accordance with § 136 paragraph 1 Z 3, the conviction shall be carried out on account of a criminal offence referred to there. The provisions of § § 5, 93, 109 Z 1 lit. a and Z 2 lit. a, 110 para. 2 to 4, 111 to 115, 117 Z 1 and Z 2, 118 to 120, 129 Z 1 and 2, 130 to 133, 134 Z 2 to 4, 135 to 140 and 167 to 169 StPO are to be applied mutasensitily, whereby the court (Section 7 (1)) for the procedure of the order and Implementation of these investigative measures § 210 (3) first and second sentence of StPO has to be applied. "

(2) § 3a is amended as follows:

(a) the following sentence shall be added to paragraph 1:

"The provision of non-profit-making services in terms of custodial sentences lasting nine months or more shall not be permitted."

(b) In Section 3a (2), after the turn of the "to provide" the twist "and this is legally permissible" inserted.

3. In § 12 (2) the reference to "91 (3)," .

4. In accordance with § 13, the following § 13a and title shall be inserted:

" Judicial cache

§ 13a. The judicial system is to be added to the law enforcement authorities as a guard body. "

5. § 15c and its title are:

" Restricted data access

§ 15c. (1) Data from former prisoners-with the exception of the data referred to in paragraph 3-shall be accessed only by the Federal Minister for Justice after the expiry of ten years from the date on which the last detention or accommodation has been terminated. and the head of the Executive Directorate shall be considered to be the competent authority, the head of the staff member or, by means of these, certain staff members (restricted data access). Such queries shall be recorded in particular. The log file on these data accesses must be submitted to the law enforcement department on a quarterly basis and must be stored for at least one year.

(2) The data shall not be subject to restricted data access as soon as the person concerned is stopped again in a judicial institution.

(3) Not subject to restricted data access:

1.		Name, first name,
2.		date of birth, place of birth,
3.		First names of parents and alias names, as well as other data, if they are used to uniquely identify them when they are taken.

(4) All data shall, in any event, be deleted 80 years after the date on which the last detention or accommodation has been terminated. "

6. In § 17 (2), after the word "Doctor" the twist ", Psychotherapist" and after the word "Medical" the twist ", psychotherapeutic" inserted.

7. In § 41 (1) the third sentence reads as follows:

"Without prejudice to § 38 (2), the same shall also apply to objects which are subject to the spouse."

8. The following sentences are added to § 42 (4):

" The harbor dreams have to have separated toilet facilities. Detention rooms, in which more than one prisoner is to be housed, must have a separate toilet facility. "

9. § 90 shall be amended as follows:

(a) in the second sentence of paragraph 1, after the word "psychiatric" the twist ", psychotherapeutic" inserted.

(b) In the first sentence of paragraph 2, after the word "psychiatric" the twist ", psychotherapeutic" inserted.

(10) § 91 is amended as follows:

(a) para. 2 reads:

" (2) The consignment of food and beverages in the packet path is not permitted. However, prisoners are entitled to use their own money once in the quarter to the extent of 50 vH of the maximum amount of an extraordinary work allowance (§ 53 para. 1 first sentence) for the receipt of food and pleasure products. "

(b) paragraphs 3 and 4 are deleted.

11. In § 99 (5), the last sentence is:

" Where this is necessary in accordance with the person of the criminal prisoner and his development in order to ensure compliance with the provisions of the second sentence of the first subparagraph, (2) and (3), the interruption shall only be permitted subject to conditions and conditions and shall be in accordance with their availability in the institution and in the state of the art, appropriate and appropriate means of electronic supervision shall be arranged. "

12. In accordance with § 102, the following § 102a is inserted:

" § 102a. In order to ensure order in the institution, the head of the institution or, in particular, a special representative of the prison staff is authorized to carry out a random sampling or, in the case of suspicions, appropriate measures for the determination of the consumption of a person. to be subjected to intoxing. These measures have been taken with respect for the sense of honour and human dignity of the prisoner and must not be linked to a physical intervention. "

13. In § 103 (3), in the last sentence, after the word "Psychiatrist" the twist ", a psychotherapist" inserted.

14. § 116 (3) reads:

" (3) If a criminal prisoner is accused of an administrative offence for which a sentence would be imposed, he shall be heard on that accusation. He also has the right to request further surveys. In so far as the facts do not appear to be sufficiently clear, further surveys are to be carried out. If, according to the results of these surveys, a penalty is to be imposed, the prisoner must be heard again. "

15. § 126 (5) reads:

" (5) The decision as to whether a prisoner is to be held in a relaxed manner in the prison sentence is without prejudice to § 134 of the Anstalts Director to apply the third sentence of § 99 (5) mutagenic and, insofar as this is intended to prevent a Misuse of the easing is necessary to allow the latter subject to conditions and conditions and to arrange for electronic supervision funds according to § 99 (5) last sentence. "

16. In § 132 (2), the last sentence is:

"The release of food and pleasure products is only permitted in the cases specified in § § 30, 34 and 38."

17. Section 133a is amended as follows:

(a) In place of the last two sentences of paragraph 5, the following sentence shall appear:

" If the convicted person does not comply with his/her expat obligation or if he returns to the territory of the Federal Republic of Germany for the duration of the ban on residence, he shall be detained by the public security service bodies and shall be returned to the to the nearest judicial institution. "

(b) The following paragraph 6 is added:

" (6) The competent tourist authority shall inform the judicial institution of the date of expiry of the period of validity or of the lifting of the ban on residence. The term of imprisonment shall be deemed to have been carried out by that date. "

18. In § 134 (4), first sentence, after the word "Psychiatric" the twist "psychotherapeutic" inserted.

19. § 145 (2) reads as follows:

"(2) If the head of the institution considers that the prisoner is likely to be dismissed conditionally, the date of the presumed conditional release shall be the determining factor within the meaning of paragraph 1."

(20) The following paragraph 5 is added to section 149:

" (5) As far as a victim of violence in apartments (§ 38a SPG) or a victim according to § 65 Z 1 lit. a StPO has requested this, it shall be notified immediately of the first unattended departure and the imminent or effected dismissal of the prisoner. The communication has to be made by the Head of the Anstalts. "

21. In § 152a (2), after the word "Medical" the twist ", psychotherapeutic" inserted.

22. In § 153, the quote "133" by quoting "133a" replaced.

23. In § 166 Z 2 lit. b eliminates the last sentence.

24. In § 180 (2), after the word "Medical" the twist ", psychotherapist" inserted.

25. In Section 180a (1), the number shall be: "726" by the number "1 000" replaced and after the word "Euro" the twist "up to 2 000 euro in case of recurrence" inserted.

26. § 181 reads as follows:

(a) In paragraph 18, the turn shall be: " XX. XXXX 2009 " through the turn "18 June 2009" replaced.

(b) In accordance with paragraph 18, the following paragraph 19 is added:

" (19) § § 3 (1) and (3), 3a (1) and (2), 12 (2), (13a), 15c, 17 (2), 41 (1), 90 (1) and (2), 91, 99 (5), 102a, 103 (3), 116 (3), 126 (5), 132 (2), 133a (5) and (6), 134 (4), 145 (2), 149 (5), 152a (2), 153, 166, Article 180 (2) and 180a (1) in the version of the Federal Law, BGBl. I n ° 142/2009 will be 1. Jänner 2010 in Kraft, § 42 para. 4 last sentence with 1. Jänner 2017. "

Article III

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 ° 98/2009, shall be amended as follows:

1. § 26 is added after paragraph 2 of the following paragraph 3:

" (3) In relation to the KStA, a link under the above provisions shall not be assumed if the proceedings are due to the offences which would constitute a jurisdiction of the KStA, with a view to the duration and scope of the investigation, or the weight of the offence is of secondary importance. "

2. In Article 28a (1), the following sentence shall be inserted after the second sentence:

"The same shall apply under the conditions set out in Article 26 (3)."

3. § 70 (1) the following sentence is added:

" Victims of violence in apartments (§ 38a SPG) or victims in the sense of § 65 Z 1 lit. Furthermore, at the latest at the time of their questioning within the meaning of section 177 (5) as well as to inform that they are entitled, upon request, they shall immediately be informed of the first unattended departure of the institution or of the imminent or the following Dismissal of the criminal prisoner to be agreed (§ 149 para. 5 StVG). "

(4) § 514 shall be added in accordance with paragraph 6 of the following paragraphs 7 and 8:

" (7) The regulations concerning the jurisdiction of the KStA for the prosecution of criminal acts in accordance with § 20a (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 98/2009 shall apply to criminal acts committed after 1 September 2009. For criminal acts committed before that date, the KStA shall have jurisdiction only in accordance with the provisions of paragraph 3. By way of derogation from paragraph 6, the KStA shall be able to act on the basis of criminal acts which are before the 1. Jänner 2009, who had been resigned after 1 September 2009, will step down from the competent public prosecutor's office.

(8) The provisions of § § 26 (3), 28a (1) and 70 (1) in the version of the Federal Law BGBl. I n ° 142/2009, enter 1. Jänner 2010 in force. "

Article IV

Amendments to the law on juvenile justice

The Juvenile Justice Act 1988 (JGG), BGBl. No 599/1988, as last amended by Federal Law BGBl. I n ° 52/2009, shall be amended as follows:

Section 58 (6) reads as follows:

" (6) § 91 of the StVG shall apply to juvenile prisoners subject to the condition that they may receive, once a quarter, a consignment of food and drink products weighing three kilograms or more of such consignments, which shall be the total weight of the total weight of the consignment. do not exceed. The consignments shall not contain any objects which would be likely to pose a risk to the health of juvenile prisoners or otherwise to the safety and order of the institution. These broadcasts may also be opened and checked in the absence of the juvenile criminal prisoner. The permissible content of such broadcasts must be laid down in the house regulations (§ 25 StVG). In the event of abuse, the Head of the Agency may exclude the affected juvenile offenders from receiving such consignments. In this case, § 91 (2) second sentence of the StVG is to be applied mutasensitily. "

(2) In Article VIII, the following paragraph (4d) is inserted after paragraph 4c:

" (4d) The determination of the species. I § 58 (6) in the version of the Federal Law BGBl. I n ° 142/2009, enters into force 1. Jänner 2010 in force. "

Article V

Amendments to the Criminal Records Act

The Federal Act of 3 July 1968 on the Evidencing of Criminal Convictions (Criminal Records Act 1968), BGBl. No. 277, as last amended by Federal Law BGBl. I n ° 40/2009, shall be amended as follows:

1. In § 2 para. 4, according to the lit. m the following lit. N:

" n)		the provisional deprivation of the penal sentence (Section 133a (1) and (2) of the StVG) and the execution of the remaining penalty (§ 133a (5) of the StVG); "

2. § 14 is added after paragraph 6 of the following paragraph 7:

" (7) § 2 para. 4 in the version of the Federal Law, BGBl. I n ° 142/2009 will take place on 1 January 2009. Jänner 2010 in force. "

Fischer

Faymann