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Invalidation - And Rehabilitation Act

Original Language Title: Aufhebungs- und Rehabilitationsgesetz

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110. Federal law, which enacted a law on repeal and rehabilitation

The National Council has decided:

Retroactive annulment of judicial decisions

§ 1. (1) All of the judgments given in the Act of lift and recruitment in 1945, StGBl. No 48, and the Regulation on this subject, StGBl. No 155/1945, called the National Socialist legislation, or those under the amnesty of the Liberation of Liberation in 1946, BGBl. No 79/1946, because they have been made by German military or SS courts, are retroactive in accordance with the provisions of these provisions. The same applies to such court decisions, which have been handed down domesticly against non-Austrian citizens. There is no need for a separate, full-time examination and determination. The initiation of proceedings pursuant to Article 9 (1) of the Liberation Amnesty 1946, BGBl. No 79/1946, or the initiation of proceedings in accordance with Section 3 (2) of the Act on Raising and Recruitment 1945, StGBl. No 48, no longer takes place.

(2) In addition, the following judicial decisions taken between 12 March 1938 and the day of the liberation on 8 May 1945 shall apply retroactively as not taking place:

1.

all the convicting decisions of the special and standing courts, the People's Court and the Higher Regional Courts, to the extent that they have been ceded to criminal cases falling within the jurisdiction of the People's Court;

2.

all orders of forced sterilisation or forced abortion in particular by hereditary health courts;

3.

all decisions to be convicted, in so far as those decisions were carried out on the basis of same-sex acts, provided that the act on which the conviction is based would not be punishable by a judicial penalty under the provisions in force;

4.

all other convicted decisions, as far as this is expressed in this typical national-socialist injustice, which against Austrian citizens in Germany and abroad as well as against non-Austrian citizens domestically, with the aim of Enforcement or maintenance of the National Socialist regime of the law has been uphold.

Meeting

§ 2. Criminal court decisions within the meaning of Section 1 (2) (3) and (4) because of several acts shall also be considered retroactive in their convicted part even if the conviction is also carried out on account of deeds, the criminality of which is not typical to understand National Socialist injustice, but these acts are of only minor importance.

Application and competence

§ 3. (1) Victims of a judicial decision to make an appeal within the meaning of § 1 as well as their spouses, life companions, relatives in a straight line or siblings and their descendants may request the determination that this decision shall not be taken shall apply.

(2) The existence of the conditions set out in § 1 shall establish the Vienna Regional Court for Criminal Matters by a single judge with a decision, and in the cases of Section 1 (1) and (2) (2) (1) and (2), an examination must be kept in individual cases.

(3) If an examination is admissible and necessary on a case-by-case basis, the court has to obtain an opinion of the reconciliation advisory board (§ 5) before the decision is taken. Unless otherwise specified, the provisions of the StPO shall apply in the case of the proceedings.

Rehabilitating

§ 4. (1) All victims of judicial imlegal decisions within the meaning of § 1, as well as those who-without being convicted of this-have been subjected to acts of resistance or other acts directed against the Nazi regime of law and thereby approximately as Resistance fighters, or especially as deserters, by the deliberate non-participation in the war on the side of the National Socialist regime or as so-called "war traitors" to its weakening and termination as well as to the liberation Austria's contribution has been rehabilitated.

(2) The Republic of Austria expresses its respect for you and the victims of other typical National Socialist acts, as well as for all victims of political persecution and their families. Compassion is also due to those who have been driven out of their homeland and to all the victims of the war to be held responsible by the Nazi regime.

Reconciliation Advisory

§ 5. (1) The Federal Ministry of Justice is to establish a reconciliation advisory board, consisting of the chairman, two representatives of the organized war victims, a representative of university institutions for contemporary history and a representative of the university. The legal history of the institution shall be maintained. The Federal Minister of Justice, or one of her own right-wing staff, is chairing the chair of the Federal Ministry of Justice. The term of the advisory board is four years. At the end of the period of operation, the Advisory Board shall continue to do business until the new Advisory Council meets. The period of continuation of the business is counting on the functional period of the new advisory board.

(2) The members of the Advisory Board referred to in paragraph 1 as well as the required number of replacement members shall be appointed by the Federal Minister of Justice. With regard to the reimbursement of the proposals for the appointment of the representatives of the organized war victims and the organised disabled persons, § 10 para. 1 Z 6 and § 10 para. 2 of the Federal Disabled Persons Act (BBG), BGBl. No 283/1990. The proposals for the appointment of the university representatives are to be reimbursed by the Federal Minister for Science and Research.

(3) The Federal Minister for Justice shall have the members of the Advisory Board relieved of their function if they seek to do so if any of the conditions necessary for their appointment are no longer met or if they fulfil the duties of their office is negligible, in the latter case after consultation of the persons entitled to the proposal. The membership of the Advisory Board is an unrested honorary office. The members are due to replace the travel and subsisting costs with the appropriate application of the provisions of the Fees Act 1975, BGBl, which apply to the Schöffen and jury. No 136, if there is no similar entitlement under other statutory provisions.

(4) The Advisory Board shall be convened by the Chairman for the meetings. Invitations shall be sent on the agenda to the members of the Advisory Council no later than eight days before the meeting. The Advisory Forum shall meet in a non-public meeting and may be quorum if at least half of the members invited are present. If the members have been duly invited, the Advisory Council shall also be eligible for a quorum if, after 30 minutes, less than half of the members invited are present. The decisions of the Advisory Council shall be taken with a majority of votes. The chairman shall give his voice last; in the case of a tie, his vote shall be taken. A minutes shall be recorded at the meeting of the Advisory Forum, which shall contain all the decisions in the text, the results of the votes and the main course of the negotiations; a copy shall be the members of the Advisory Council. submit. The Chairman shall be entitled to consult the Advisory Committee with a consultative vote.

(5) It is the responsibility of the Advisory Board to issue opinions at the request of the courts on matters of typical national socialist injustice.

entry into force

§ 6. This federal law will enter into force on 1 December 2009.

Override

§ 7. With the expiry of the 30th November 2009, the Federal Act, which enacts a federal law on the recognition of benefits in the Austrian resistance and the final elimination of National Socialist acts (Article I, BGBl. I No 86/2005).

Enforcement

§ 8. The Federal Minister of Justice is responsible for the enforcement of this law.

Fischer

Faymann