Second Violence Protection Act - 2. Geschg

Original Language Title: Zweites Gewaltschutzgesetz - 2. GeSchG

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40. Federal law, with the execution order, the code of civil procedure, except armed law, the Court transfer Act 1962, the Penal Code, the code of criminal procedure 1975, the penal law, the eradication Act of 1972, the public prosecutor's Office Act, the crime victims Act, the criminal records Act, the Security Police Act and the General Civil Code be changed (second violence Protection Act - 2. GeSchG)

The National Council has decided:

Article I

Change the execution order

The execution order, RGBl. No. 79/1896, as last amended by the amendment to Exekutionsordnungs 2008, Federal Law Gazette I no. 37/2008 is amended as follows:

1st paragraph: 382b together with heading



"Protecting against violence in homes



section 382 b. (1) that court a person, another person by a physical attack, a threat with such, or a behavior significantly extolling the mental health further living together makes unreasonable at whose request



1 leave to put the apartment and its immediate surroundings and return to the apartment and its immediate surroundings to ban 2., if the apartment is used to meet the urgent housing needs of the applicant.

(2) in the case of interim injunctions pursuant to par. 1 is no time limit for bringing the complaint to determine if the restraining order for no longer than six months is taken (article 391 par. 2).

Procedure on divorce, or annulment might (3) procedure in the main proceedings within the meaning of section 391, paragraph 2 marriage, proceedings on the Division of matrimonial property and matrimonial savings and procedures to clarify the use of the apartment."

2. the previous section 382e receives the paragraph designation of § 382 h.

3. 382e the following paragraph with heading shall be inserted:



"General protection against violence



§ 382e. (1) the Court has a person who unreasonably makes more meeting another person by a physical attack, a threat with such, or a behavior significantly extolling the mental health, at their request



1. the stay determined to prohibit specific places and to apply 2., with the applicant to avoid the meeting as well as the contact as far as contrary to the non-serious interests of the defendant.

(2) in the case of interim injunctions pursuant to par. 1 is no time limit for bringing the complaint to determine if the restraining order for no longer than a year is taken (article 391 par. 2). The same applies for an extension of the injunction after offence by the defendant.

(3) a restraining order 1 issued b after paragraph 1 together with an injunction according to § 382 so b § 3 and § 382 c shall apply paragraph 4 you receive section 382.

(4) the Court may entrust the security authorities with the implementation of measures referred to in paragraph 1. § 382d section 4 is to apply mutatis mutandis. The injunctions are according to para 1 according to the provisions of the third section in the first part to understand."

4. § 382 g para 2 and 3 are:



"(2) in the case of interim injunctions pursuant to par. 1 Z 1 to 6 is no time limit for bringing the complaint to determine if the restraining order for no longer than a year is taken (article 391 par. 2). The same applies for an extension of the injunction after offence by the defendant.

(3) the Court may entrust the implementation of measures pursuant to paragraph 1 Nos. 1 and 3 the security authorities. § 382d section 4 is to apply mutatis mutandis. The injunctions are according to para 1 according to the provisions of the third section in the first part to understand."

5. in article 387, para. 3, the last sentence reads:



"So the District Court only a temporary injunction is applied according to § 382e, is responsible, in whose jurisdiction the applicant has his general jurisdiction in disputes."

6 the following paragraph 4 is added to § the 387:



"(4) by way of derogation paragraph 2 g is responsible in cases for an injunction according to § 382 District Court, in which the injured party has its general place of jurisdiction in disputes."

7 paragraph 390 section 4:



"(4) the approval of an interim injunction pursuant to section 382, para 1 No. 8 lit. a, § § 382 a, 382 b, 382e or 382 g can be made depending on a guarantee."

8 paragraph 393 paragraph 2:



"(2) in proceedings about injunctions according to §§ 382 the cost compensation aimed b, 382e and 382 g according to the provisions of the CCP."

9. after section 412, the following section 413 with heading is attached:



"Entry into force and transitional provisions to the violence Protection Act 2.



"§ 413 articles 382 b, 382e, I 40/2009, enter No. 382 g para. 2 and 3, article 387, para. 3 and 4, section 390, paragraph 4 and article 393 par. 2 in the version of the 2nd violence Protection Act, Federal Law Gazette 1 June 2009 in force and are applicable, if the application for issuing the injunction after May 31, 2009 Court received."

Article II

Amendment of the code of civil procedure

The code of civil procedure RGBl. No. 113/1895, as last amended by Federal Law Gazette I no. 7/2006, is amended as follows:

1. According to section 73a, ninth the following title is inserted:



"Ninth title

Process support



Article 73 b. (1) psychosocial support was granted by a victim in criminal proceedings, these upon his request also applies to a civil lawsuit between him and the accused of the criminal proceedings, if the subject-matter of the civil process in appeals concerning the subject of the criminal proceedings and insofar as this is necessary to safeguard the procedural rights of the victim under utmost regard for his personal involvement. This is from the victim protection institution which provides the process monitoring, to assess. The same applies if the victim as a witness on the subject of the criminal proceedings should be heard. The psycho-social support is granted for the civil process up to a maximum of 800 Euro; enjoy the victim of legal aid, the maximum amount is 1 200 euros.

(2) the psychosocial process companion has the position of a trusted third party in the proceedings. He may accompany the victim at his request to all negotiations and hearings. He is to inform the Court of these dates. The Court has to oblige the enemy as far as the costs are imposed on the opponent or he has assumed in a comparison to the replacement of the amounts spent on the psycho-social accompaniment of the process against the League after final decision concerning the dispute."

2. According to paragraph 75, 75a the following is inserted:





75a. (1) a party may waive in pleadings indicating their place of residence, if she does represent a legitimate privacy interest and makes designating a representative ad litem; the place of residence is known to provide the Court in a separate font set.

(2) the details of the Party on the place of residence are to keep the Court under lock and key and suitable to be kept. Documents that contain information about the place of residence of the party by the party are also anonymous to present. All other pieces of the file that contain such information, the Court has to make an anonymised copy. The originals are also keeping under lock and key and suitable to be kept. These parts shall be exempt from inspection.

(3) the Court has the opposing party at whose request to announce the indication of the place of residence held under lock and key, if the legitimate interest of the opposing party to specify outweighs the privacy interest.

(4) the Court has applications according to para 1 and 3 with absolute decision to decide."

3. the previous content of the section 76 contains the paragraph label (1); the following paragraph 2 is added:



"(2) the evidence guide can refrain from the indication of the place of residence of witnesses, unless he does represent a legitimate privacy interest of the witness; the place of residence is known to provide the Court in a separate font set. § 75a para 2-4 is to apply mutatis mutandis."

4. 177 paragraph 1 the following sentence is added to §:



"Section 76, paragraph 2 shall apply mutatis mutandis."

5. According to article 289, following § 289a and 289 b shall be inserted:



"Separate interrogation




section 289a. (1) is the subject of the civil process in appeals related to a criminal case is in the interrogation of a person who in this criminal victims in the sense of § 65 subpara 1 lit. a StPO is at whose request the participation of the parties of the proceedings and their representatives at the hearing so to limit that this can follow the hearing by using technical facilities for Word - and image transmission and exert their right to ask questions without being present at the questioning. The victim is an underage minor, must be to hire an appropriate expert with the consultation on the subject of the criminal proceedings.

(2) the Court may hear a person in the manner described in paragraph 1 at the request of a statement in the light of the proof issue and of personal involvement in the presence of the parties of the proceedings and their representatives of the person to be heard is not reasonable.

(3) decisions according to paragraphs 1 and 2, no appeal is allowed.

Questioning underage persons



§ Is 289. (1) the person to refuse underage, so the Court at the request or by virtue of their interrogation entirely or to individual topics can see off if the hearing would endanger the well-being of the underage person, taking into account their intellectual maturity, of the subject of the interrogation and their close relationship with the parties.

(2) the Court may at the request or by virtue the hearing that in section 289a para 1 described manner, make also by an appropriate expert, if the well-being of the underage person although not however would endanger through the interrogation itself, taking into account their intellectual maturity, of the object of questioning and their close relationship to the parties by the interrogation in the presence of the parties or their representatives.

(3) the hearing of the minor person is, as far as in their interest, it is appropriate to call in a person of their confidence.

(4) against the decision referred to in paragraph 1, a separate appeal is not allowed. Against the decision referred to in paragraph 2 no appeal is allowed."

6. in article 340, paragraph 1, the following sentence is inserted after the first sentence:



"The requirements of section 76, paragraph 2, a survey on the place of residence has to be avoided."

7. in article 417, following word sequence is appended Z 2:



"in the cases of § 75a the indication of the place of residence has to be omitted;"

Article III

Amendment of the Act of except dispute

The except-dispute Act Federal Law Gazette I no. 111/2003, last amended by Federal Law Gazette I no. 68/2008, is amended as follows:

1. in the heading of section 7, added the words "and accompanying" and in paragraph 1, first sentence, after the word "Legal aid" the phrase "and the accompanying" inserted.

2. after article 10, the following article 10a is inserted:





Article 10a. The provisions of the code of civil procedure about the secrecy of the home address of parties and witnesses are to apply by analogy."

3. in section 35 is inserted after the phrase "Taking of evidence by a requested or designated judge"the phrase,"over the separate hearing of parties or witnesses, about the interrogation of underage persons,".

4. According to § 207c, the following § 207 d together with heading shall be inserted:



"Entry into force and transitional provisions to the Federal Act Federal Law Gazette I no. 40/2009"



§ 207 d. I no. 40/2009, § § 7, 10a and section 35 amended 2 violence Protection Act, Federal Law Gazette 1 June 2009 into effect."

Article IV

Amendment of court bringing Act 1962

The Court transfer Act 1962, BGBl. No. 288, as last amended by the budget Bill 2007, Federal Law Gazette I no. 24/2007, is amended as follows:

1. in article 1, Z 5 is the semicolon at the end of the lit. f replaced by a comma and the following lit. g added:





"(g) in accordance with section 73b para 2 ZPO certain amount of costs of psychosocial accompaniment of the process;"

The following paragraph 7 is added to § 2. 19a:



"(7) § 1 Z 5 in the version of the 2nd violence Protection Act, Federal Law Gazette I no. 40/2009, June 1, 2009 into force."

Article V

Amendment of the Penal Code

The criminal code, Federal Law Gazette No. 60/1974, amended by Federal Law Gazette I no. 109/2007, is amended as follows:

1. in sections 11 and 92, paragraph 1 is replaced by the phrase "disabilities" the word "Bollocks".

2. paragraph 48 para 1:







(1) the probationary period in the conditional release from a prison sentence is to with at least one year and not more than three years. Proves to be the continuation of treatment within the meaning of § 51 para 3, to which the offender has agreed, as necessary, to justify (§ 46 para 4) a conditional release, the probationary period with at least one and not more than five years shall be measured. Exceeds the conditionally adopted sentence of three years or conditional release from a prison sentence for an offence against sexual integrity and self-determination by more than a year, is done so is the trial period of five years."

3. in § 50 para 2, 2a is inserted after the Z 2 following Z:





"2a. from a custodial sentence for an offence against sexual integrity and self-determination,".

The following paragraph 5 is added to § 4. 51:



"Section 179a of the Penal Execution Act (HCP), Federal Law Gazette apply (5) instructions relating to the conditional leniency of a preventive measure under article 45 No. 144/1969, mutatis mutandis."

5. in § 52 para 2, the point is replaced at the end of the No. 3 by a comma and appended the following Z 4:





"4 during the judicial supervision (§ 52a para 2)."

6. According to article 52, the following § 52a and heading shall be inserted:



"Judicial supervision for sex offenders and sexually motivated violence



§ 52a. (1) If an offenders, due to a criminal act



1. against sexual integrity and self-determination or 2 against life or limb and freedom, when this Act was committed to sexual arouse or satisfy, sentenced to a custodial sentence or a preventive measure linked to detention has been ordered against because of such an Act, conditionally discharged, so is he for the duration of the probationary period under judicial supervision to make , as far as monitoring the behavior of the delinquent (para. 2), in particular as regards compliance with an instruction in accordance with section 51, subsection 3 or an instruction not to pursue certain activities, is necessary or advisable, to stop him from further such actions punishable.

(2) the Court has the conduct of the investigations and the fulfilment of the directives with the support of the probation in appropriate cases under the entrustment of the security authorities, the juvenile court help or other appropriate institutions, to monitor during the judicial supervision. The bodies responsible for monitoring have to tell the Court about the measures taken by them and their perceptions. The probation officer has the court order the judicial supervision insofar as it requires the Court or is at least every three necessary or appropriate in every case but in the first half of the judicial supervision, to report at least every six months in the second half.

(3) the organs of public security are authorized for the fulfilment of the tasks entrusted to the security authorities in accordance with paragraph 2 for determining the identity of a person according to the provisions of the Security Police Act, if there is to believe on the basis of certain facts, she stand under judicial supervision and did not follow your given instructions or otherwise used a behaviour that is incompatible with the purposes of the judicial supervision."

7. in the section 53 subsection 4, the phrase "or of a custodial sentence for an offence against sexual integrity and self-determination for more than five years" is inserted after the phrase "life imprisonment".

8 § is amended 58 paragraph 3 as follows:

(a) Z 2 is as follows:







"2.




the time between the initial interrogation as suspects, the first threat or coercion against the offender for the offence (§ 93 par. 1, 105 paragraph 1 StPO), the first criminal order or application implementation or granting of investigative measures regulated in the 8 main piece of the Ccrp and evidence to the enlightenment of suspicion against the perpetrators, the arrangement of the investigation or arrest ", of the request for the imposition of pre-trial detention or the introduction of the indictment and the final termination of the proceedings;"



(b) Z 3 is as follows:





"3. the time up to the achievement of the 28th year of the victim of a criminal offence against life and limb against the freedom or the sexual integrity and self-determination, if the victim at the time of the offence was a minor;"

8A. Article 91 the following paragraph 2a is inserted:



"(2a) who physically takes part in a brawl or an attack of more in a security area at a major sports events (§ 49a SPG), is due to this participation with imprisonment up to one year or to punish with fines of up to 360 daily rates."

8B. The heading of section 104 and its paragraph 1 are:



"Slavery



104. (1) is who is pushing slave trade or otherwise another person in slavery or a slavery-like situation which deprives personal freedom, to be punished by imprisonment from ten to twenty years."

9. According to section 107a, 107 the following section is inserted b together with heading:







Continued violence



§ 107. (1) against another person a long time through continued who made violence, is to punish up to three years imprisonment.

(2) violence within the meaning of paragraph 1 asserts, who abused another person on the body or according to §§ 107a, 108 and 110 commits intentional threatened with criminal acts against life and limb or freedom with the exception of the offences.

(3) with imprisonment from six months up to five years is to be punished, who



1. the crime against minors or defenceless because of frailty, illness or a mental disability person commits or 2. by the Act establishes a comprehensive controlling of the conduct of the injured person or causes a significant restriction of autonomous lifestyle of the injured person.

(4) a person who after para 3 agonizing way has committed an act or reviewed criminal offences against sexual self-determination and integrity in the context of a continuing violence after para 3 commits, is to be punished by imprisonment from one to ten years. An act has a bodily injury with severe permanent consequences (§ 85) result according to para 3 or violence more than a year carried out pursuant to paragraph 3, the perpetrators with imprisonment from five to fifteen years, she has the death of the injured person to the result but to punish with imprisonment from ten to twenty years.

(5) the perpetrator is not to punish, if the Act is threatened under another provision with stricter punishment according to the above provisions."

10 paragraph 202 section 1:



"(1) who except a person with violence or dangerous menace to the carrying out or tolerating a sexual act compels the cases of § 201, is punishable by six months to punish up to five years."

11 paragraph 205:





205. (1) If a defenseless person or a person who due to a mental illness, because of a mental disability, a profound disturbance of consciousness or due another severe, one of these States is unable to see the importance of the process or to act according to this insight equivalent mental disorder, taking advantage of this state this abused, he her to perform a sexual act or from her to make, or they to a sexual act with another person or , himself or a third party to excite sexual or to satisfy, this led to perform a sexual act on himself is with imprisonment from six months up to five years to punish.

(2) has the fact a grievous bodily harm (section 84 subsection 1) or a pregnancy resulted, it is to punish the perpetrators with imprisonment from five to fifteen years. The Act however has the death of the abused person resulted in the perpetrators with imprisonment from ten to twenty years or with life imprisonment is to punish."

12 paragraph 207 para 3:



"(3) the offence has serious injury (§ 84 para 1) result, so is the perpetrators with imprisonment from five to fifteen years, she has the death of the minor person entail but to punish with imprisonment from ten to twenty years or with life imprisonment."

13A. section 207a, paragraph 1 and paragraph 2 are:



"(1) If a pornographic representation of a minor person (para. 4)"



1 produces 2 offers another, gives, leaves, presents or otherwise accessible, is to be punished with imprisonment up to three years.

(2) with imprisonment from six months up to five years is to punish whoever professional commits a pornographic representation of a minor person (para. 4) for the purpose, which establishes distribution, introduces, promoted, or runs or an act referred to in paragraph 1. With imprisonment from one to ten years is to punish, who act as a member of a criminal organization or so commits, that she has a particularly serious detriment of the underage person entail; as well is to punish, who produces a pornographic representation of a minor person (para. 4), using severe violence or production intentionally or through gross negligence endangered the life of the depicted minor person."

(b) 13. In § 207a, according to the paragraph 3 of the following paragraph 3a is inserted:



"(3a) to para 3 is also punished, who knowingly accesses the Internet a pornographic representation of minors."

14 paragraph 214 section 2:



"(2) a person who brings about another person to perform of a sexual act the personal approach of a minors, to gain a pecuniary benefit himself or another, except for the case of paragraph 1 is to be punished up to two years by imprisonment of six months."

15. after section 220a 220 the following section is inserted b together with the heading:







Activity ban



§ 220 b. (1) the offender has committed a criminal offence against sexual integrity and self-determination of an underage person and exercised a gainful employment or other activity in a club or other facility at the time of the Act or intends to exercise, which includes education, training, or supervision of minors, to forbid him the exercise of these and similar activities for a period of at least one and a maximum of five years , if there is a danger that he will commit a further such offence not only slight consequences otherwise taking advantage of an opportunity offered to him by such an activity.

(2) there is a risk that the offender during performance of work will commit criminal offences of the kind referred to in paragraph 1 shall, with severe consequences, or has committed a criminal offence of the type referred to in paragraph 1 the offender taking advantage of the opportunity offered him by his activity, although at the time of the crime, the pursuit of this activity was thus prohibited him, so the ban is indefinite time to pronounce.

(3) if later circumstances arise or become known, their presence at the time of the judgment no prohibition of the activity would be raised, has to lift the Court the prohibition of activity.

(4) in the case of a work ban pronounced indefinitely, the Court has to check whether the conditions referred to in paragraph 2 at least every five years.

(5) the duration of the prohibition of activities begins with legal force of the decision with which the prohibition is pronounced. Times, which suspends the perpetrator on official orders, are not included in this time.

"(6) a person who continues an activity, even though he knows that their exercise was prohibited him under the foregoing provisions, is punishable by up to six months or to punish with fines of up to 360 daily rates."

16 the following paragraph 4 is added to § 323:



"(4) If an Act, Federal Law Gazette I no. 19/2004, already legal police action against the accused were initiated at the time of entry into force of the Act on criminal procedure reform, because of the or charge is brought, the time search measures are maintained during the due to this Act or a trial is pending, is not included in the Statute."

Article VI


Amendment of the code of criminal procedure 1975

The code of criminal procedure 1975, BGBl. No. 631/1975, as last amended by Federal Law Gazette I no. 109/2007, is amended as follows:

1 in § 26 par. 2 StPO, the first half sentence of the second movement is:



"Furthermore draws the public prosecutor's Office, which is responsible for the investigation of a criminal offence, for which in the main proceedings a Court of higher-order would be responsible (§ 37 para 2), the procedure for other offences in itself;"

2. in the section 28a, paragraph 1, the phrase "Paragraph 1" is replaced by the expression "section 20a para 1".

3. in § 32 para 3 be the word "have" by the word "has" and the phrase "the Assize Court and instead" be replaced by the word "or".

4. in the section 43, paragraph 2, the word is inserted after the words "worked" "is".

5. in article 45 paragraph 1 is inserted after the phrase "to show is"the twist", about the exclusion of the President, the Vice President or a member of the Supreme Court, but the Supreme Court in a three-way Senate".

6. in the section 47, paragraph 3 StPO is after the phrase "in the way of supervision" the twist "to decide and" inserted.

9. in § 77 para 2, the word "Courts" is replaced by the expression "Head of the courts".

9A. Article 128 shall be amended as follows:

AA) paragraph 2 is as follows:



"(2) a post-mortem is allowed, if not, it can be excluded that the death of a person is caused by a criminal offence. It is arranged by the public prosecutor's Office, that with the implementation of a University unit for forensic medicine or an expert in the field of forensic medicine, which is not a member of the academic staff of such an arrangement, has to hire. “

from) the following paragraph 2a is inserted:



"(2a) In the case of an assignment of a University unit has the lead of the unit to transfer the personal responsibility for the post mortem in accordance with article 127, paragraph 2 a member of the academic staff of this unit, which meets the personal and professional requirements for registration in the list of sworn and court certified experts." Asked a prosecutor or a court to transfer to a particular person, the line has this request to meet, unless important reasons to oppose. This is the case, the management has to obtain the approval of the public prosecutor's Office or the Court to any other transmission. The establishment of the University can claim No. 136/1975, fees in by analogy with application of the fees entitlement Act (GebAG), Federal Law Gazette, where she has the fee for efforts after deducting the fees for the examination premises, including the infrastructure of the person to be transferred, which was responsible for the autopsy."

10. in section 183 subsection 2 and 3, the phrase "the Federal Ministry for justice" is replaced by the phrase "the Enforcement Division".

12 section 197 is amended as follows:

(a) the following paragraph 2a is inserted:



(2a) that proceedings against a person against which under a statutory provision, the tracking can be not initiated or continued, is to cancel and continue after the hindrance ceasing to exist. Measures for securing and recording of evidence may only be done, as far as this is allowed under the provisions relating to the tracking obstacle."

(b) in paragraph 3, the phrase is omitted "after the discovery of the suspect".

13. in § 221 paragraph 4 is the phrase "take more than 10 negotiating days" by the phrase "for long periods" replaced.

14. in the section 410, paragraph 1 is replaced "or" with a comma and after the parenthesis quote "(§ 31a StGB)" the twist "or prohibiting the activity (§ 220 b of paragraph 3 and 4 of the Criminal Code)" added.

15. the heading II section of the 21 main piece is:



"II. the procedure for the placement in a facility for mentally abnormal offenders according to § 21 para 2 of the criminal code, in an institution for cessation needy offenders pursuant to § 22 StGB or in an institution for dangerous relapse offenders according to § 23 StGB and to impose a prohibition of activity according to § 220 b of the Criminal Code"

16 § 435 is amended as follows:

(a) in paragraph 1, the quote is "§ 21 para 2, 22 and 23 of the Criminal Code" replaced by the quote "§ 21 para 2, 22, 23, 220 b of the Criminal Code".

b) paragraph 2 is as follows:



"(2) the arrangement of the accommodation in one of the institutions referred to in these terms and conditions or your failure as well as the arrangement of a ban from the activity, or the absence thereof form part of the Ausspruches about the penalty and may be challenged for the benefit and to the detriment of the person sentenced with nullity complaint and appeal."

17 paragraph 437:





§ 437.



A request for accommodation in one in the § 21 para 2, 22 or 23 of the criminal code institutions provided for or prosecutors in the indictment to make on the order of a ban from the activity. The Court may order the accommodation or the prohibition of the activity but also without such a request."

18 § 439 para 1 the following sentence is added:



"The arrangement of a ban from the activity (§ 220 b StGB) is void if their conditions in the main proceedings is not discussed."

19 in section 441 para 1, the first sentence reads:



"If available sufficient grounds for believing, that the conditions for the separate arrangement of the measures provided for in §§ 21 para 2, 22, 23, and 220b StGB preventive were given (article 65 paragraph 5 StGB), so the public prosecutor's Office has an application to order one of the measures to make preventive referred to in those provisions."

20 § 485 is amended as follows:

(a) paragraph 1 the following paragraph 1a is added:



"(1a) the appeal of the Prosecutor against a decision pursuant to paragraph 1 No. 1 or no. 2 has suspensive effect."

(b) in paragraph 2, after the word "Requests" the twist "or orders" is inserted.

21 paragraph 498 paragraph 2:



"(2) the appeal in favour of the condemned this and all other persons entitled to a, can raise nullity complaint in favour of an accused person, to the detriment of the convicted person but only the Prosecutor." § 86 para. 2 and 3 with the proviso that the execution and delivery of the decision also can be omitted if the referrer of appeal within three days of the oral pronouncement of the decision no appeal applies in the case of oral pronouncement. Oral announcement and register a complaint, the deadline for the reimbursement of the appeal from the notification of the written copy. A timely raised complaint has suspensive effect, unless it is directed against a decision pursuant to § 496."

22. the previous contents of the § 514 receives the sales designation (1); following paragraph 2, 3 and 4 shall be added:



"(2) the provisions of articles 31 paragraph 3, article 82 para of 3, 83 para 2, 133 paragraph 2, 139 paragraph 2, 153 subsection 4, 265 para 1, 285e, 288 paragraph 2 Z 2a, 381 para 3 Z 3, 390 para 1, 409 para 3, 470 Z 3, 475 para of 4 and 502 para 1 as amended by the Federal Act, Federal Law Gazette I no. 109/2007 1 January 2008 into force."

(3) I no. 109/2007 apply the provisions of § 19 para 1 No. 3, 20a, 28a and 100a in the version of the Federal Act, Federal Law Gazette with January 1, 2009, and apply the rules on jurisdiction of KStA for the prosecution of offences referred to in article 20a, paragraph 1 which are committed after that date.

(4) the provisions of § 26 para 2, 28a paragraph 1, 32 para of 3, 43 par. of 2, 45 para of 1, 47 (3), 77 para 2, 183 paragraph 2 and 3, 197, 221 para 4, 410 para 1, 435, 437, 439 para 1, 441 para 1, 485, 498 (2) and 516 in the version of the Federal Act, Federal Law Gazette I no. 40/2009 contact June 1, 2009 ", the provisions of section 128, paragraph 2 and 2a in the version of the Federal Act, Federal Law Gazette I no. 40/2009 until October 1, 2009 in force."

23 § 516 is amended as follows:

(a) the paragraph 1a and 1B are eliminated.

(b) in paragraph 2, the third sentence reads:



"Over other applications, decisions and complaints, to accomplish the Council Chamber in accordance with by the code of criminal procedure reform and criminal procedure reform bill I, Federal Law Gazette I no. 93/2007, would charge amended regulations, has to decide the District Court as a Senate of three judges pursuant to § 31 section 5 under the new provisions of the procedure on their behalf."

(c) the following paragraph 6 is added:




"(6) the provisions of § 26 para 2, 28a paragraph 1, 32 para of 3, 43 par. of 2, 45 para of 1, 47 (3), 77 para 2, 197, 221 paragraph 4, 410 para 1, 435, 437, 439 para 1, 441 para 1, 485, 498 I no. 40/2009, are (2) and 516 in the version of Federal Law Gazette does not apply in criminal proceedings" , which before its entry into force the judgment of first instance is been like. After the dissolution of such judgment is to proceed but in terms of the new regulations."

Article VII

Amendment to the penal law

The Prison Act, Federal Law Gazette No. 144/1969, amended by Federal Law Gazette I no. 109/2007, is amended as follows:

1 the following sentence is added to in section 152, subsection 2:



"The Court is the Federal Minister of the Interior to the prevention and suppression of with punishment threatened acts against sexual integrity and self-determination by means of analysis (§ 58 d security police law BGBl. No. 566/1991) to send a copy or illumination this utterance."

2. § 179a para 1 and 2 are:



"(1) a can violators will be conditionally released, the directive still a treatment, a psychotherapeutic or medical treatment to undergo (§ 51 para 3 StGB) or to stay in a social-therapeutic residential facility (section 51 para 2 StGB), granted with the proviso, that the treatment or the social-therapeutic care for the Shawshank Redemption free of charge by a forensic Outpatient Center, through a social-therapeutic home furnishings" , will be carried out by a psychotherapist or a doctor, or has committed itself to the implementation of such treatments and care the Ministry of Justice to. The implementation of such treatment or care, if necessary, without prejudice to article 3 of the medical Act 1998, BGBl. No. 169, their support by others for this purpose appropriate includes that do so committed themselves in the same way.

(2) is otherwise the authority granted to a conditionally dismissed, to undergo a treatment, a psychotherapeutic, or medical treatment or to stay in a social-therapeutic residential facility, the offender is not entitled to corresponding benefits from a health insurance and would his progress is hampered by the obligation to pay the cost of treatment, so the cost of treatment or the whole stay or part of the Federal Government has to take over. The amount the Federal Government assumes the costs but only up to the extent in which the public servant for the cost of insurance could, come up if the sacked health insurance would be publicly insured staff; Contributing treatment (section 63 para 4 of the officials-sick and accident insurance Act, Federal Law Gazette No. 200/1967) does not have to provide the offenders. The decision on the costs may refer to the Court for issuing the instructions and should be considered possible merits at least when deciding on conditional release in an appropriate manner."

17 the following paragraph is added to § 3. 181:



"(17) the provisions of §§ 152, paragraph 2 and 179a para 1 and para 2 as amended by the Federal Act, Federal Law Gazette I 40/2009 contact no. 1 June 2009 in force."

Article VIII

Amendment of the repayment Act 1972

The eradication Act 1972, BGBl. No. 68, last amended by Federal Law Gazette I no. 112/2007, is amended as follows:

1. in article 4, after paragraph 4 of the following paragraph 4a is inserted:



"(4a) an extension of the repayment period in accordance with Section 4a prevents neither the eradication of other convictions, still involves an extension of the repayment period of other not yet deleted convictions after paragraph 2."

2. According to article 4, the following section 4a and heading shall be inserted:



"Eradication of convictions for sexual offences



Section 4a. (1) in the case of a conviction for a criminal offence after the sections 201, 202, 205, 206, 207, 207a or 207 b of the criminal code to unconditional imprisonment, or in the case of an arrangement of accommodation pursuant to section 21 para 1 of the criminal code due to such an Act extends the repayment period (article 3) to the simple.

(2) in the case of a conviction for any other offence referred to in section 10 of the special part of the Penal Code of unconditional imprisonment, or in the case of an arrangement of accommodation pursuant to section 21 paragraph 1 Penal Code due to such an Act extended the repayment period (article 3) by half.

(3) the trial court has to examine whether the extension of repayment in accordance with paragraph 1 or 2 is to finish under all circumstances, especially the personality of the offender and his development at the request of the sentenced person. Such a request is allowed after the redemption period according to § 3 at the earliest. Dismisses the application as a renewed submission is only admissible after the expiry of five years from the legal force of the decision."

3. the previous content of section 5 receives the sales designation (1); the following paragraph 2 is added:



"(2) convictions for an offence referred to in section 10 of the special part of the Penal Code to a custodial sentence of more than five years will not be wiped. The trial court has to examine whether the Tilgbarkeit to pronounce is under all circumstances, especially the personality of the offender and his development at the request of the convicted person. Such a request is allowed at the earliest fifteen years after the beginning of the repayment period (article 2). Dismisses the application as a renewed submission is only admissible after the expiry of five years from the legal force of the decision."

4. § 7 the following paragraph 4 is added:



"§ 4a and 5 para 2 shall apply (4) section for foreign convictions for such acts mutatis mutandis. Paragraph 3 applies, however, to such convictions not."

5. § 9 adds the following paragraph 1 g:



"(1g) the provisions of § § 4, 4a, 5 and 7 paragraph 4 as amended by Federal Law Gazette I no. 40/2009 June 1, 2009 into force." § govern § 4, 4a and 5 para 2 all convictions, Federal Law Gazette I no. 40/2009 be pronounced after the entry into force of the Federal Act."

Article IX

Amendment of the public prosecutor's Office Act

The public prosecutor's Office Act, Federal Law Gazette No. 164/1986, amended by Federal Law Gazette I no. 112/2007, is amended as follows:

1 in § 2a para 3 is omitted.

2. paragraph 34 paragraph 1:



"(1) for each criminal case a journal should occur at the public prosecutor's Office in accordance with the § 34a."

3. § 34c is amended as follows:

(a) the previous content is labeled paragraph (1) and is the half-second sentence of the first movement:



"except that a procedure without further investigation is canceled or adjusted in accordance with articles 190 to 192 StPO immediately in accordance with section 197, subsection 2 or 2a StPO."

(b) the following paragraph 2 is added:



"(2) in the investigation of offences, for which in the main proceedings the District Court would be responsible, may be waived by the leadership of an act of discovery. Discovery is an act but in any case, to create, as soon as an application to the Court or prosecution (complaint) is inserted."

4. Article 42 is amended as follows:

(a) the last two paragraphs named (8) and (9) receive the terms of paragraph (9) and (10).

(b) 11 the following paragraph is added:



"I no. 40/2009 (11) the provisions of §§ 34 para 1 and 34 c as amended by the Federal Act, Federal Law Gazette into force on June 1, 2009."

Article X

Amendment of the crime victims Act

The crime victims Act, Federal Law Gazette No. 288/1972, amended by Federal Law Gazette I no. 129/2008, is amended as follows:

1. in article 2, the point is replaced at the end of the No. 9 by a semi-colon and following Z 10 added:





"10 lump-sum compensation for pain money."

2. According to § 6, the following section 6a together with heading shall be inserted:



"Flat-rate compensation for pain money



§ 6a.

 Help Z is 10 pursuant to section 2 for an aggravated assault (article 84, paragraph 1 StGB) to make as a result of an act within the meaning of § 1 para 1 as a one-time payment in the amount of €1 000. "The plot takes an assault with severe permanent consequences (§ 85 StGB), a one-time amount of 5 €000 is due."

3. § 10 para 1 last sentence reads:



"Requests for services in accordance with §§ 4 para 5 and 6a are subject to any time limit."

4. § 16 10 the following paragraph is added:




"(10) sections 2 Z 9 and 10, 6a together with heading and 10 para 1 last sentence as amended by Federal Law Gazette I no. 40/2009 June 1, 2009 into force." Section 6a is to apply to acts within the meaning of § 1 para 1, which were committed after May 31, 2009."

Article XI

Amendment of the criminal records Act

The Federal Act of 3 July 1968 by the obvious attitude of criminal convictions (Criminal Records Act 1968), BGBl. No. 277, last amended by Federal Law Gazette I no. 112/2007, is amended as follows:

1. in article 2, paragraph 1, in no. 6, the point replaced with a semi-colon and attached the following Nos. 7 and 8:





"7. the arrangement of judicial supervision in accordance with § 52a of the criminal code, as well as directives in accordance with article 51 StGB, which condemned were granted one for an offence against sexual integrity and self-determination"

"8 final activity prohibitions pursuant to § 220 b StGB together with data according to § 3 par. 2 Z 1-3."

2. in article 2, after paragraph 1, the following paragraph 1a is inserted:



"(1a) convictions for a case of criminal offences against the sexual integrity and self-determination that were recorded after Z 1 to 3 in the criminal records, are to identify separately for purposes of the Beauskunftung according to § 9a."

3. According to article 3, paragraph 2, the following paragraph 2a is inserted:



"(2a) the Vienna Federal Police Directorate has marked sentences in accordance with § 2 paragraph 1a by the Court pursuant to par. 2 Z 2 provided data on place of residence and address every 6 months from legal force or for understanding over the dismissal by computer-assisted query in the central register to check and, if necessary, to update." The change of residential address must be known. those security authority in whose area the sacked last took accommodation, and together with the data according to § 9a of those in whose area it currently takes accommodation "

4. in article 4 the following paragraph 5 is added:



"(5) the courts shall have the Bundespolizeidirektion Wien the arrangement of judicial supervision according to § 52a StGB, instructions in accordance with section 51 220 b of the criminal code, as well as decisions, that the extension of the repayment period ends StGB, Shawshank Redemption has been granted a due to a case of criminal offences against sexual integrity and self-determination, legal bans on activity and its duration in accordance with § or pronounced the Tilgbarkeit is (sections 4a, paragraph 3 and 5 para 2 of the principal Act of 1972" (, BGBl. Nr. 68), to provide for the inclusion in the criminal record. "

5. § 9 para 1 first half sentence reads:



"Apart from the cases provided for in other federal laws and international agreements, the Vienna Federal Police Directorate has request free from criminal records to provide information pursuant to § 2 para 1 Z 1-6 recorded data:"

6. According to article 9, the following section 9a and heading shall be inserted:



"Special information on sexual predators



section 9a. (1) the Vienna Federal Police Directorate has free and if possible in the way of the long-distance traffic



1. courts in criminal proceedings pursuant to the Penitentiary Act, via the adoption of a child instead of and on the regulation of child custody and personal transport between parents and minor children, the Sachwalterschaft as well as in accommodation procedures, 2. Public Prosecutor's Office, security authorities and security services for purposes of law enforcement and the monitoring of judicial supervision and review of activities prohibited 3. criminal justice agencies for purposes of penal institutions and 4 security authorities and security services for purposes of prevention and blocking dangerous attacks information pursuant to § 2 paragraph 1a marked convictions, as well as data pursuant to § 2 para 1 Nos. 7 and 8 to give.

(2) in accordance with special laws the Vienna Federal Police Directorate has the youth welfare institutions, school authorities and service authorities and staff positions of authorities in connection with the employment of persons in institutions for the care, education, or teaching children and youth information in accordance with § 2 par. 1a marked convictions as well as to provide data according to § 2 para 1 Nos. 7 and 8.

(3) for information in accordance with paragraphs 1 and 2 the information limitations of section 6 do not apply eradication law."

7. in article 10, paragraph 1, the phrase is after the word "Applicant" "with the exception of data according to § 2 para 1 Nos. 7 and 8" added.

8. in article 11, paragraph 1 and 2, that is each after the quote "articles 9" quote ", 9a" inserted.

9. in article 12 the following sentence is added:





"The deletion of activity prohibited under section 220 b of the criminal code are governed by its duration by the Court."

10. in article 13a, that is after the quote "articles 9" quote ", 9a" inserted.

11. According to article 14 paragraph 4 be added following paragraph 5 and 6:



"(5) the articles 2, paragraph 1 Z 6 to 8, 2 par. 1a, 4 section of 5, 9 para of 1, 10 para 1, 11 para 1 and 2, 12, 13a and 14a as amended by the Federal Act, Federal Law Gazette I no. 40/2009 into force on June 1, 2009."

I no. 40/2009 (6) sections 3 para 2a and 9a in the version of Federal Law Gazette into force on December 1, 2009."

12. after section 14 the following section 14a and heading is inserted:



"Transitional provision



§ 14a. The Vienna Federal Police Directorate is authorized to notifications pursuant to § 4 paragraph 5 with the entry into force of this Federal Act (§ 14 para 6) and carry markings in accordance with § 2 par. 1a."

Article XII

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. 4/2008 is amended as follows:

1. in section 38a, paragraph 7, the phrase "at the end of the tenth day" be replaced by the phrase "two weeks" and the phrase "at the end of the twentieth day" through the turn "four weeks".

2nd 25 the following section is added paragraph 94:



"(25) § 38a paragraph 7 as amended by Federal Law Gazette I no. 40/2009 June 1, 2009 into force."

Article XIII

Change of the General Civil Code

The General civil law code, DL. No. 946/1811, amended by Federal Law Gazette I no. 100/2008, is amended as follows:

In section 215, paragraph 2, the expression is "under section 382b EO and their implementation according to § 382d EO" by the expression "after the sections 382 b and 382e EO, whose enforcement" replaced.

Article XIV

Entry into force and transitional provisions

(1) I 40/2009, no. articles II and V Z 1-Z 15 and article XIII of the 2nd violence Protection Act, Federal Law Gazette 1 June 2009 into effect.

(2) article V Z 8 is also on before the entry into force of the 2nd violence Protection Act, Federal Law Gazette I is no. 40 / 2009 committed actions to apply, provided that the criminality at this point not yet extinguished.

Fischer

Faymann

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