Amendment Of The Security Police Act, As Well As Enacting A Federal Law On The Establishment And Organization Of The Federal Office For Corruption Prevention And Fight Against Corruption

Original Language Title: Änderung des Sicherheitspolizeigesetzes sowie Erlassung eines Bundesgesetzes über die Einrichtung und Organisation des Bundesamts zur Korruptionsprävention und Korruptionsbekämpfung

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72. Federal law, with which the Security Police Act as amended and enacted a federal law on the establishment and organization of the Federal Office for corruption prevention and fight against corruption

The National Council has decided:

Table of contents

 



Article 1 amendment of the Security Police Act article 2Bundesgesetz about the establishment and organization of the Federal Office for corruption prevention and fight against corruption article 1

Amendment of the Security Police Act

The Security Police Act (SPG), Federal Law Gazette No. 566/1991, as last amended by Federal Law Gazette I no. 40/2009, is amended as follows:

1. in article 6, paragraph 1, second sentence is inserted after the word "Security" the twist "as well as of the Federal Agency for corruption prevention and fight against corruption".

2. paragraph 6 subsection 2:



(2) providing the Federal Minister for Home Affairs supplied or allocated to organs of public security for the Federal Minister of the Interior Executive service.

"3. in § 38a of the SPG, the quote is in paragraphs 3 to 7 each" section 382b EO "by the quote" sections 382 b and 382e EO "replaced."

4 third sentence is inserted in paragraph 2 after the second set of the article 93:



"In addition the security report contains a report on the activities and perceptions of the Federal Agency for corruption prevention and fight against corruption."

5 26 the following paragraph is added to § the 94:



"(26) § 6 para 1 and 2 in the version of Federal Law Gazette I no. 72/2009 effective with January 1, 2010. § 38a para 3 to 7 in the version of Federal Law Gazette I 72/2009 is no. at the end of the day of the by-laws in force. § 93 par. 2 in the version of Federal Law Gazette I 72/2009 is no. with January 1, 2011 in force."

Article 2

Federal Act on the establishment and organization of the Federal Office for corruption prevention and fight against corruption

Setup



§ 1. To effective nationwide prevention, prevent and fight against corruption, in particular to cooperate with the Central Public Prosecutor's Office to prosecute corruption (corruption Prosecutor - KStA), as well as to the perception of central functions in the area of security and criminal police cooperation in this area with foreign and international institutions operating the Federal Agency to combat corruption and corruption is as organizational unit established organisation outside of the Directorate-General for public security of the Federal Ministry of the Interior for the entire Federal territory [§ 6 ABS. 1 Security Police Act (SPG)] [, BGBl. No. 566/1991].

Organization



2. (1) a Director faces the Federal Office. In the case of his incapacitation, the tasks of his Deputy are to perceive.

(2) the Director and his Deputy are appointed by the Federal Minister of the Interior after consultation with the President of the Constitutional Court, the Administrative Court and the Supreme Court of Justice for a term of five years. May be reappointed.

(3) to the Director or Deputy may only be ordered, who has special expertise and national and international experience in the area of corruption prevention and fight against corruption. In addition can only be ordered to the Director who at least five years in an occupation has been active in the graduation of law or economics profession requirement is who has been active in such a profession for at least three years, and Deputy.

(4) as a Director or Deputy who is a member of the Federal Government, a provincial government or a general representative body or has held one of these functions in the last six years not of ordering.

(5) in the case of the entrustment of other officials of the Federal Office is on the required by their duties, legal and other knowledge, to be taken into account capabilities and suitability for the specific use, as well as on sufficient experience in the field of activity. Before the entrustment, the Director and his Deputy are to listen.

(6) the pursuit of any paid sideline with the exception of publications and activities in the area of teaching is prohibited the Director and the Deputy.

Rules of procedure of the Federal Office



§ 3. The Director has set, who comes to the approval of decisions within the framework of the business division, in what matters the approval is reserved for him and the approval in the case of preventions incumbent whom (rules of procedure).

Tasks



4. (1) the Federal Office is responsible for security and law enforcement matters for the following criminal acts nationwide:



1 abuse of authority (section 302 of the Penal Code - StGB, Federal Law Gazette No. 60/1974), 2. bribery (§ 304 StGB), 3. accepting an advantage (§ 305 StGB), 4 preparation of corruption (§ 306 StGB), 5 bribery (§ 307 StGB), 6 advantage grant (section 307a StGB), 7 preparation of bribery or the acceptance of bribes (§ 307 b StGB), 8 prohibited intervention (§ 308 StGB), 9 infidelity taking advantage of an official position or with the participation of an official carrier (§ 153 para 2 second case) , 313 or in conjunction with article 74, paragraph 1 Z 4a StGB), 10 gift adoption by leaders (section 153a StGB), 11 restrictive collusion in procurement procedures (§ 168 b of the Criminal Code) and serious fraud (§ 147 StGB) as well as commercial fraud (§ 148 StGB) on the basis of such agreement, 12 gift acceptance by employees or agents (section 168 c para 2 StGB), 13 money laundering (§ 165 StGB), as far as the assets from one Z 1-Z 9 , Z 11 second and third case and Z 12 offences referred to or crimes stemming, criminal association or criminal organization (§§ 278 and 278a StGB), as far as the Association or organization on the ascent of z 1-Z 9 and Z offences mentioned 11 second and third case of or crimes is aligned, 14 criminal offences according to the Penal Code and the Penal secondary laws , provided these are 1 to 13 in connection with Z, and if they are to pursue on written order of a court or a Prosecutor of the Federal Office, criminal offences according to the Penal Code and the Penal secondary laws of public servants from the resort area of the Federal Ministry of the Interior, to track this on written order of a court or a Prosecutor of the Federal Office are 15.

In the cases of the Z 11 to 13, a responsibility of the Federal Office only can be held, if the crimes described above in accordance with article 28, paragraph 1 of the criminal code for determining the penalty amount are 2nd movement.

(2) the Federal Office is responsible for investigations within the framework of international police cooperation and mutual assistance or cooperation with the competent bodies of the European Union, as well as with the investigating authorities of the Member States of the European Union in the cases referred to in paragraph 1. The Federal Office is the central national contact to OLAF, Europol, Interpol and other similar international institutions Z 1 to 13 in terms of international police cooperation in matters of para 1. § 4 par. 1 Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002, shall remain unaffected.

(3) the Federal Agency has knowledge about their prevention, prevention and combat to create and to implement them in appropriate prevention measures in the context of the analysis of corruption phenomena.

Registration Office



§ 5. The security authorities or departments, which acquaint Z 1 to 15 from a criminal offence in the sense of § 4 para 1, have them without prejudice to its reporting obligations according to the code of criminal procedure 1975 - StPO, BGBl. No. 631/1975, immediately and in writing to the Federal agency report (registration). No federal official may be prevented from directly and outside of the service road to the Federal Office to report a suspicion or allegation in the sense of § 4 para 1 Z 1-15 (registration law).

Cooperation with other authorities and agencies



The security authorities or security departments have section 6 (1) without prejudice to the reporting obligation according to § 5 urgent investigative measures, such as the prevention of imminent loss of evidence, independently to make, unless the Federal agency or the KStA (section 20a para 2 StPO) meets a different arrangement.

(2) the Federal agency may for convenience other security authorities and service-are carrying out individual investigations Commission. Also, it may order that the agent directly on the progress of a matter continuously or at specified intervals to report has him.


(3) the Federal agency may transfer conducting investigations of other competent security authorities and services, if there is a particular public interest because of the importance of the offence or the person who is being investigated, not. Of the transfer, the competent public prosecutor's Office is to communicate.

Instructions



§ 7 instructions to the Federal Office for treating thing in a certain process are to grant in writing and justified. One is for specific reasons, in particular because of danger in delay, for the time being given oral instructions to furnish in writing without delay.

Rights protection Commission



Section 8 (1) to carry out special legal protection with regard to matters relating to the activities of the Federal Office is at the Federal Ministry of the Interior of a Rights Commission consisting of the right protection officer according to section 91a of the SPS and set up two other members.

(2) the other members are appointed according to para 1 by the Federal President on a proposal from the Federal Government after consultation with the President of the Constitutional Court, the Administrative Court and the Supreme Court of Justice for a term of five years. May be reappointed.

(3) to the Member referred to in paragraph 1 may not be orderable, who was Director or Deputy of the Federal Agency in the last twelve years. Moreover, that apply in section 91b of paragraph 1 SPG provided inconsistencies in your order.

(4) the order for the other Member will be void with waiver, in the event of death or effectiveness of new or re-appointment.

(5) in order to cope with the administrative activities of the Commission of the legal protection, the Federal Minister of the Interior has to provide the necessary material and human resources.

(6) the members of the Law Commission the time and workload corresponding to remuneration, whose flat rates are entitled to one located under the right protection officer compensation regulation, Federal Law Gazette II No. 427/2000, measure.

Tasks and rights protection Commission



9. (1) the Commission has noted, not manifestly unfounded allegations against the activities of the Federal Office for her to go, if no appeal available to the person concerned.

(2) the members of the Law Commission are independent and bound by any instructions in the performance of their tasks. You are subject to the secrecy.

(3) the Federal Agency has to offer insight into all necessary documents and records the Rights Commission in carrying out their duties at any time and free of charge to teach her copies (photocopies) individual pieces of the file. in this respect no secrecy can be claimed towards her. However, this does not apply for information and documentation on the identity of persons or sources, which disclosed would endanger national security or the safety of people, and for copies (photocopies) when becoming aware of the information would endanger national security or the safety of people.

(4) on her trials, the Law Commission may at any time the Federal Minister of the Interior and, as far as it is you, tell the public. Moreover, the Rights Commission may make recommendations to the Federal Minister of the Interior, as well as to the Director.

(5) the Rights Commission reimbursed the Federal Minister of the Interior annually by no later than 30 April of the following year a report on the performance of their duties. The Federal Minister of the Interior to review measures for the protection of constitutional institutions and their ability to act on his request within the framework of requests for information and access law to make accessible B-VG the Permanent Subcommittee of the Committee on Internal Affairs article 52a para 2 has this report.

(6) the Law Commission fulfils no tasks of security or criminal police nor is service or disciplinary authority. She has relevant facts to show the authorities.

Staff representation



§ 10. The staff committee agendas for the Federal Agency are carried out by the central staff of the Ministry of the Interior.

References



11 references in this Federal Act on other federal laws are to be understood as references to the applicable version.

Linguistic equal treatment



§ 12. As far as this federal law to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the terms to certain individuals, the gender-specific form is to use.

Entry into force



§ 13. This federal law shall enter into force January 1, 2010.

Regulations



§ 14 may on the basis of this Federal Act already according to its by-laws regulations are, may however not prior to this effect.

Enforcement



§ 15. The Federal Minister for Home Affairs is entrusted with the execution of this Federal Act.

Fischer

Faymann