72. Federal Act, with which the Security Policy Act is amended and a federal law on the establishment and organisation of the Federal Office for the Prevention of Corruption and Anti-Corruption is enacted

The National Council has decided:

table of contents

Article 1	Amendment of the Security Policy Act
Article 2Federal Act on the establishment and organisation of the Federal Office of the Federal Republic of Germany	Prevention of corruption and the fight against corruption

Article 1

Amendment of the Security Policy Act

The Security Policy Act (SPG), BGBl. No 566/1991, as last amended by the Federal Law BGBl. I n ° 40/2009, shall be amended as follows:

1. In § 6 (1), second sentence, after the word "Security" the twist "as well as the Federal Office for the Prevention of Corruption and Anti-Corruption" inserted.

2. § 6 para. 2 reads:

"(2) The Federal Minister of the Interior of the Federal Minister of the Interior shall provide the Federal Minister of the Interior for the Minister for the Interior."

3. In § 38a of the SPG, paragraphs 3 to 7 shall in each case be referred to as the "§ 382b EO" by quoting "§ § 382b and 382e EO" replaced. "

(4) § 93 is inserted in paragraph 2 after the second sentence of the following third sentence:

"Furthermore, the safety report contains a report on the activities and perceptions of the Federal Office for the Prevention of Corruption and Anti-Corruption Prevention."

(5) The following paragraph 26 is added to § 94:

" (26) § 6 (1) and (2) in the version of the Federal Law BGBl. I n ° 72/2009 shall enter into force 1. Jänner 2010 in force. § 38a (3) to (7) in the version of the Federal Law BGBl. I n ° 72/2009 shall enter into force on the expiry of the day of the event. Section 93 (2) in the version of the Federal Law BGBl. I n ° 72/2009 shall enter into force 1. Jänner 2011 in force. "

Article 2

Federal law on the establishment and organisation of the Federal Office for the Prevention of Corruption and Anti-Corruption

Setup

§ 1. The effective nationwide prevention, prevention and fight against corruption, in particular for cooperation with the Central Prosecutor's Office for the Prosecution of Corruption (KStA), as well as for the perception of central Functions in the area of security and criminal police cooperation with foreign and international institutions active in this field are organised outside the Directorate-General for Public Safety Organizational unit of the Federal Ministry of the Interior for the entire federal territory of the Federal Office for the Prevention of Corruption and Anti-Corruption [ § 6 Section 1 Security Policy Act (SPG), BGBl. No 566/1991].

Organization

§ 2. (1) A Director shall be present to the Federal Office. In the event of his/her prevention, the duties shall be exercised by his deputy.

(2) The Director and his deputy shall be appointed by the Federal Minister of the Interior after hearing the Presidents of the Constitutional Court, the Administrative Court and the Supreme Court for a term of office of five years. Reorders shall be admissible.

(3) Only those who have special knowledge and national and international experience in the field of prevention of corruption and the fight against corruption can be appointed to the Director or Deputy. In addition, the Director may only be appointed who has been employed for at least five years in a profession in which the degree of study in law or economics is a prerequisite for a professional career, and for the deputy, who has been working for at least three years in such a profession.

(4) It is not possible to appoint as a director or deputy who is a member of the federal government, a state government or a general representative body, or who has held one of these functions in the last six years.

(5) In the case of the other staff members of the Federal Office, the necessary, legal and other knowledge, skills and aptitude for their tasks, as well as sufficient experience in the field of activity, shall be the necessary for their tasks. To take care. The director and his deputy are to be heard before the betting.

(6) The Director and the Deputy shall be prohibited from exercising any incidends of secondary employment, except for publications and activities in the field of teaching.

Rules of Procedure of the Federal Office

§ 3. The Director shall specify to whom the approval of decisions in the framework of the division of business shall be given, the matters in which he is subject to the authorisation and who shall be subject to authorisation in the event of any obstruction (Rules of Procedure).

Tasks

§ 4. (1) The Federal Office of the Federal Republic of Germany is responsible for matters relating to security and criminal police law throughout Germany for the following criminal acts:

1.		Abuse of power of authority (§ 302 of the Criminal Code-StGB, BGBl. No 60/1974),
2.		Bribery (§ 304 StGB),
3.		Benefit acceptance (§ 305 StGB),
4.		Preparation of the bribery (§ 306 StGB),
5.		Bribery (§ 307 StGB),
6.		Benefit (§ 307a of the StGB),
7.		Preparation of the bribery or the benefit acceptance (§ 307b of the German StGB),
8.		Prohibited intervention (§ 308 StGB),
9.		Infidelity with the use of an official position or with the participation of an official (§ 153 para. 2 second fall, 313 or in conjunction with § 74 paragraph 1 Z 4a StGB),
10.		Seizure by power of power (§ 153a StGB),
11.		Restrictive agreements in the case of award procedures (§ 168b StGB) and heavy fraud (§ 147 StGB) as well as professional fraud (§ 148 StGB) on the basis of such an agreement,
12.		Seizure by staff or agents (§ 168c para. 2 StGB),
13.		Money laundering (§ 165 StGB), insofar as the assets are derived from a crime or crime mentioned in Z 1 to Z 9, Z 11, second and third cases, and Z 12, criminal organisation or criminal organization (§ § 278 and 278a StGB), to the extent that: the association or organisation is aimed at the commission of the offences or crimes referred to in Z 1 to Z 9 and Z 11, second and third cases,
14.		criminal acts in accordance with the StGB as well as by the criminal offal laws, in so far as these are related to Z 1 to 13 and insofar as these are to be followed by written order of a court or a public prosecutor's office from the Federal Office,
15.		criminal acts in accordance with the German Criminal Code (StGB) as well as in accordance with the criminal offal laws of public servants from the department of the department of the Federal Ministry of the Interior, insofar as they have been commissioned by a court or public prosecutor's office are to be monitored by the Federal Office.
In the cases of Z 11 to 13, a jurisdiction of the Federal Office shall only be considered if the offences mentioned are relevant for determining the level of the penalty in accordance with Section 28 (1) second sentence of the StGB.

(2) The Federal Office shall be responsible for investigations in the framework of international police cooperation and mutual assistance, or for cooperation with the competent bodies of the European Union, as well as with the investigating authorities of the Member States of the The European Union shall have jurisdiction in the cases referred to in paragraph 1. The Federal Office is the central national contact person for OLAF, Interpol, Europol and other comparable international bodies in matters relating to the international police cooperation of the international police cooperation (1) to (1) to (13). § 4 para. 1 Federal Criminal Police Office Act, BGBl. I n ° 22/2002, remains unaffected.

(3) In the context of the analysis of corruption phenomena, the Federal Office has to draw up findings on the prevention, prevention and control of such findings and to implement them in appropriate preventive measures.

Reporting Point

§ 5. The security authorities or services that become aware of an offence within the meaning of § 4 (1) Z 1 to 15 have these without prejudice to their reporting obligations under the Criminal Procedure Code 1975-StPO, BGBl. No 631/1975, to report immediately in writing to the Federal Office (registration obligation). No federal staff member may be prevented from reporting any suspicion or accusation within the meaning of Section 4 (1) (1) (1) (1) (1) (1) (1) to (15) directly to the Federal Office (Melderecht) directly and outside the service path.

Cooperation with other authorities and services

§ 6. (1) Without prejudice to the obligation to report in accordance with § 5, the security authorities or security services shall carry out inexorable investigative actions, such as to prevent the loss of evidence of evidence, independently, unless the Federal Office of the Federal Republic of Germany or the KStA (Section 20a (2) of the StPO) is subject to a different arrangement.

(2) The Federal Office may, for reasons of convenience, appoint other security agencies and service bodies to carry out individual investigations. It may also arrange for the representative body to report directly to him on the progress of a matter, or at certain points in time.

(3) The Federal Office may delegate the conduct of investigations to other competent security authorities and services if a particular public interest is not due to the importance of the offence or the person against which it is determined. . The competent public prosecutor's office shall be notified of the transfer.

Statements

§ 7. Instructions to the Federal Office for the treatment of material in a certain procedure must be given in writing and the reasons for this are justified. An oral instruction, which has been granted for special reasons, in particular because of the risk of delay, must be immediately followed in writing.

Legal Protection Commission

§ 8. (1) For the purpose of exercising special legal protection in relation to matters relating to the activities of the Federal Office, a legal protection commission consisting of the legal protection officer pursuant to § 91a SPG shall be the subject of the Federal Minister of the Interior. and two other members.

(2) The other members referred to in paragraph 1 shall be appointed by the Federal President on a proposal from the Federal Government after hearing the Presidents of the Constitutional Court, the Administrative Court and the Supreme Court for a period of five years. ordered. Reorders shall be admissible.

(3) The further member referred to in paragraph 1 shall not be appointed who has been a director or deputy of the Federal Office for the last twelve years. In addition, the incompatibilities provided for in Section 91b (1) of the SPG also apply when ordering.

(4) The order for the further member shall be issued in the event of renunciation, in the event of death or with the effectiveness of the re-appointment or reappointment.

(5) In order to cope with the administrative activities of the Legal Protection Commission, the Federal Minister of the Interior has to provide the necessary equipment and staffing equipment.

(6) The members of the Legal Protection Commission are entitled to a remuneration corresponding to the time and work expenses, the flat rates of which are based on the legal protection order-compensation ordinance, BGBl. II No 427/2000.

Tasks and rights of the Legal Protection Commission

§ 9. (1) The Commission has taken note of unduly substantiated charges against the activities of the Federal Office in so far as no legal remedy is available to the parties concerned.

(2) The members of the Legal Protection Commission shall be independent in the concerns of their duties and shall not be bound by any instructions. They are subject to official secrecy.

(3) The Federal Office shall, in the performance of its duties, at all times provide the Legal Protection Commission with an insight into all the necessary documents and records and, upon request, to make copies of individual documents free of charge at the request of the Legal Protection Commission. ; in this respect, it is not possible to assert any kind of official secrecy. However, this shall not apply to information and documents relating to the identity of persons or to sources whose disclosure would endanger the national security or safety of persons, and to copies (clearings), if the Disclosure of information would endanger the national security or the safety of people.

(4) The Legal Protection Commission may, at any time, report to the Federal Minister of the Interior and, as far as it is appropriate, the public, on the basis of its audits. In addition, the Legal Protection Commission may make recommendations to the Federal Minister for Home Affairs and the Director.

(5) The Legal Protection Commission shall report to the Federal Minister for the Interior by 30 April of the following year at the latest a report on their task perception. This report has been submitted by the Federal Minister of the Interior to the Standing Subcommittee of the Committee on Internal Affairs on the review of measures for the protection of constitutional institutions and their capacity to act at the request of the Committee on Internal Affairs and Security. To make the framework of the information and inspection rights available under Art. 52a (2) B-VG.

(6) The legal protection commission does not fulfil tasks of the security or criminal police nor is it a service or disciplinary authority. It shall indicate the relevant facts to the competent authorities.

Staff representation

§ 10. The staff representative agendas for the Federal Office shall be provided by the central staff representation of the Federal Ministry of the Interior.

References

§ 11. References in this Federal Act to other federal laws are to be understood as references to the version in force in each case.

Linguistic equality

§ 12. In so far as the names referred to in this Federal Act on natural persons are listed only in male form, they refer to women and men in the same way. The use of the names for certain natural persons shall be subject to the gender-specific form.

entry into force

§ 13. This federal law comes with 1. Jänner 2010 in force.

Regulations

§ 14. Regulations may, however, be issued after the Federal Act has been held, but may not enter into force before it.

Enforcement

§ 15. The Federal Minister for Home Affairs is responsible for the enforcement of this federal law.

Fischer

Faymann