40. Federal Law, with which the Executive Order, the Code of Civil Procedure, the Extraction Act, the Judicial Introduction Act in 1962, the Criminal Code, the Criminal Procedure Code in 1975, the Penal Act, the Law of Enforcement in 1972, the Law of Enforcement in 1972, the Law on Public Prosecutors, the Law on Criminal Law, the Criminal Records Act, the Law on Security Policy and the General Civil Code (Act 2 of the Act on Violation of Violation-2. GeSchG)

The National Council has decided:

Article I

Amendment of the Executive Order

The executive order, RGBl. No 79/1896, as last amended by the Executive Order-Novelle 2008, BGBl. I n ° 37/2008, is hereby amended as follows:

1. § 382b with title reads:

" Protection against violence in apartments

§ 382b. (1) The court has a person who, by means of a physical attack, a threat of such or a mental health threat, makes it unreasonable for another person to live together on the basis of his/her physical attack. Application

1.		apply the exit of the apartment and its immediate surroundings, and
2.		to prohibit the return to the home and its immediate surroundings,
if the apartment is to satisfy the applicant's urgent need for housing.

(2) In the case of injunctions pursuant to paragraph 1, no time limit for the submission of the action (Section 391 (2)) shall be determined if the injunction is made for a maximum of six months.

(3) Procedures in the main proceedings within the meaning of section 391 (2) may be followed by proceedings for divorce, annulment or annulment of marriage, procedures for the division of marital utility and matrimonial savings and procedures for clarifying the Use of the apartment to be used. "

2. The previous § 382e is given the section title § 382h.

3. Folding § 382e and heading is inserted:

" General protection against violence

§ 382e. (1) The court has a person who, by means of a physical attack, a threat with such a person or a behaviour which seriously affects mental health, makes the further meeting unreasonable, on the other person's Application

1.		prohibit the stay in places to be designated, and
2.		to avoid meetings and contact with the applicant,
as far as the non-serious interests of the defendant are contrary to the application.

(2) In the case of injunctions pursuant to paragraph 1, no time limit for the submission of the action (§ 391 (2)) shall be determined if the injunction is made for a period of not more than one year. The same shall apply to an extension of the invalidity allowance after the defendant has been contrary to the application.

(3) In the event that an inconsant disposition pursuant to paragraph 1 is issued in conjunction with an inconsant disposition pursuant to Section 382b (1), Section 382b (3) and Section 382c (4) shall apply mutatily.

(4) The court may entrust the security authorities with the enforcement of injunctions referred to in paragraph 1. Section 382d (4) is to be applied in a reasonable way. Incidentally, the provisions of the third section in the first part of the provisions of the third section shall be subject to the injunctions provided for in paragraph 1. "

4. § 382g para. 2 and 3 are:

" (2) In the case of injunctions pursuant to paragraph 1 (1) to (6), no time limit for the application of the action (§ 391 (2)) shall be determined if the injunction is made for a period of at least one year. The same shall apply to an extension of the invalidity allowance after the defendant has been contrary to the application.

(3) The General Court may entrust the security authorities with the enforcement of injunctions referred to in paragraph 1 (1) (1) and (3). Section 382d (4) is to be applied in a reasonable way. Incidentally, the provisions of the third section in the first part of the provisions of the third section shall be subject to the injunctions provided for in paragraph 1. "

5. In § 387 (3), the last sentence is:

"If only a dissent is requested in accordance with section 382e, the District Court shall be responsible, in whose sprinkling the applicant has its general place of jurisdiction in disputes."

6. The following paragraph 4 is added to § 387:

"(4) By way of derogation from paragraph 2, in the cases referred to there, the District Court shall be responsible for an incontending order in accordance with Section 382g, in which the party at risk has its general jurisdiction in disputes."

Section 390 (4) reads as follows:

"(4) The granting of a temporary insecurity pursuant to § 382 (1) Z 8 lit. a, § § 382a, 382b, 382e or 382g cannot be made subject to a security benefit."

8. § 393 (2) reads:

"(2) In the proceedings concerning injunctions pursuant to § § 382b, 382e and 382g, the obligation to reimburse expenses shall be governed by the provisions of the ZPO."

9. In accordance with § 412, the following § 413 shall be added together with the heading:

" Entry into force and transitional provisions on the 2nd Violent Act

§ 413. § § 382b, 382e, 382g para. 2 and 3, § 387 para. 3 and 4, § 390 para. 4 and § 393 para. 2 in the version of the 2nd Violation Protection Act, BGBl. I No 40/2009, shall enter into force on 1 June 2009 and shall apply if the application for the dismissal of the injunction has been submitted to the Court after 31 May 2009. "

Article II

Amendment of the Code of Civil Procedure

The Civil Procedure Code RGBl. N ° 113/1895, as last amended by the Federal Law BGBl. I n ° 7/2006, is amended as follows:

1. In accordance with § 73a, the following ninth title shall be inserted:

" Neunter Title

Process accompaniment

§ 73b. (1) Where psychosocial process accompaniment has been granted to a victim in the criminal proceedings, the victim shall also be subject to his/her request for a civil trial between him and the accused of criminal proceedings, if the subject-matter of the civil process in the subject matter of the criminal proceedings, and insofar as this is necessary in order to safeguard the procedural rights of the victim, with the greatest possible reference to his or her personal concern. This is to be assessed by the victim protection facility, which provides the process accompaniment. The same applies if the victim is to be heard as a witness on the subject of the criminal proceedings. The psychosocial process accompaniment shall be granted for the civil process up to a maximum amount of 800 euros; if the victim enjoys procedural assistance, the maximum amount shall be 1 200 euro.

(2) The psycho-social process attendant has the position of a confidante in the proceedings. He is allowed to accompany the victim at his request for all the negotiations and the interrogations. He shall be notified by the court of these dates. After a final decision on the dispute, the court has to oblige the opponent to replace the amounts paid for the psychosocial process accompaniment to the Federal Government, in so far as the opponent imposes the costs of the lawsuit. has been or has taken them over in a comparison. "

2. In accordance with § 75, the following § 75a is inserted:

" Section 75a. (1) A party may depart from the indication of its place of residence in pleadings, if it does so to a protection worthy of secrecy and makes a name for an appointing representative; the place of residence shall be the court in a separate plea to be known.

(2) The information of the party about the place of residence shall be kept under closure by the court and suitable to be preserved. Documents containing information about the place of residence of the party shall also be submitted by the party in an anonymized form. The court has to produce an anonymized copy of all other files containing such information. The originals are also to be kept under closure and suitable to be kept. These parts are excluded from the inspection.

(3) The court shall inform the opposing party, at the request of the opposing party, of the disclosure of the place of residence of the opposing party if the legitimate interest of the opposing party in the indication outweighs the confidentiality of the party.

(4) The Court of First Instance shall decide on the applications referred to in paragraphs 1 and 3 with an indisputable decision. "

3. The previous content of § 76 contains the sales designation "(1)" ; the following paragraph 2 is added:

" (2) The evidence leader may depart from the indication of the place of residence of a witness in so far as he does a protection worthy of the witness's secrecy of secrecy; the place of residence shall be disclosed to the court in a separate plea. Section 75a (2) to (4) shall apply mutatily. "

The following sentence shall be added to Article 177 (1):

"Section 76 (2) shall apply mutatily."

5. According to § 289 the following § § 289a and 289b are inserted:

" Separate interrogation

§ 289a. (1) If the subject-matter of the civil process is in factual context with criminal proceedings, then the hearing of a person who is the victim in this criminal proceedings in the sense of § 65 Z 1 lit. a StPO, at the request of which the participation of the parties to the proceedings and their representatives in the hearing shall be limited in such a way that they follow the interrogation using technical equipment for the transmission of words and images, and In order to be able to do so without being present during the interview. If the victim is an unaccompanied minor, a suitable expert is to be appointed to the subject of the criminal proceedings.

(2) The court may, at the request of one person, hear the manner described in paragraph 1 if the person to be taken out is a statement in view of the subject of evidence and personal concern in the presence of the parties to the proceedings. and its representative is not reasonable.

(3) An appeal shall not be admissible against decisions pursuant to paragraphs 1 and 2.

Interrogation of underage persons

§ 289b. (1) Where the person to be held is a minor, the court may, on request or on its own account, waver in its entirety or on individual subject matters on the grounds that the person is responsible for the welfare of the minor under the age of Consideration of their spiritual maturity, the object of questioning and their proximity to the process parties would be endangered.

(2) The Court of First Instance may, on request or on its own motion, arrange for the hearing to be carried out in the manner described in Section 289a (1), if appropriate by a suitable expert, if the well-being of the minor does not have the benefit of the Questioning in itself, but taking into account its spiritual maturity, the object of the interrogation and its proximity to the parties to the process, would be endangered by the questioning in the presence of the parties or their representatives.

(3) The questioning of the minor is, in so far as it is appropriate in the interests of its interest, to assist a person of their trust.

(4) A separate appeal shall not be admissible against the decision referred to in paragraph 1. No appeal shall be admissible against the decision referred to in paragraph 2. "

(6) In § 340 (1), the following sentence shall be inserted after the first sentence:

"If the conditions of § 76 (2) are fulfilled, a survey on the place of residence shall not be required."

7. In § 417, the following phrase shall be added to Z 2:

"in the cases of § 75a, the indication of the place of residence shall be omitted;"

Article III

Amendment of the Non-Strike Act

The Extrastreit Law BGBl. I n ° 111/2003, as last amended by the Federal Law BGBl. I n ° 68/2008, is hereby amended as follows:

1. In the title of § 7, the words shall be: "and process accompaniment" , as well as in paragraph 1, first sentence after the word "procedural aid" the phrase "and the process accompaniment" inserted.

2. In accordance with § 10, the following § 10a is inserted:

" § 10a. The provisions of the Code of Civil Procedure on the secrecy of the condomials of parties and witnesses shall be applied mutatily. "

3. In § 35, after the word order "Taking of evidence by a requested or commissioned judge" the phrase ", on the segregated interrogation of parties or witnesses, on the interrogation of minor persons," inserted.

4. According to § 207c, the following § 207d with headline is inserted:

" Entry into force and transitional provision to the Federal Act BGBl. I No 40/2009

§ 207d. § § 7, 10a and § 35 in the version of the 2nd Violation Protection Act, BGBl. I n ° 40/2009, enter into force on 1 June 2009. '

Article IV

Amendment of the Judicial Introduction Act 1962

The Court Application Act 1962, BGBl. N ° 288, as last amended by the 2007 Budget Accompanying Act, BGBl. No 24/2007, is hereby amended as follows:

1. In § 1 Z 5, the stroke point at the end of the lit. f replaced by a dash and the following lit. g is added:

" (g)			the amount determined in accordance with Section 73b (2) of the ZPO, at the expense of the psychosocial process support; "

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

" (7) § 1 Z 5 in the version of the 2nd Violation Protection Act, BGBl. I n ° 40/2009, will enter into force on 1 June 2009. '

Article V

Amendment of the Criminal Code

The Criminal Code, BGBl. No 60/1974, as last amended by the Federal Law BGBl. I n ° 109/2007, as amended:

1. In § § 11 and 92 (1) the word "Weakness" through the phrase "a mental disability" replaced.

Section 48 (1) reads as follows:

" (1) The trial period for conditional release from a custodial sentence shall be measured with at least one year and not more than three years. If the continuation of a treatment within the meaning of § 51 (3), to which the convicted person has declared himself ready, proves to be necessary in order to be able to justify a conditional release (§ 46 (4)), the probational period shall be at least one and one not more than five years. If the conditional sentence exceeds three years, or if the conditional release comes from a custodial sentence for a punishable offence against sexual integrity and self-determination of more than one year, the trial period shall be five Years. "

3. In § 50 (2) the following Z 2a is inserted after Z 2:

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

(4) The following paragraph 5 is added to § 51:

" (5) For instructions in connection with the contingent review of a preventive measure according to § 45, § 179a of the Criminal Law (StVG), BGBl. No. 144/1969, sensual. "

5. In § 52 (2), the point at the end of Z 3 shall be replaced by an accoration and the following Z 4 shall be added:

" 4.		during judicial oversight (Section 52a (2)). "

6. According to § 52, the following § 52a shall be inserted with title:

" Judicial oversight of sex offenders and sexually motivated violence

§ 52a. (1) Is a right-breaker who is responsible for a criminal offence

1.		against sexual integrity and self-determination, or
2.		against limb and life or freedom, if this act was committed in order to attract or satisfy itself,
a custodial sentence or a preventive measure associated with deprivation of liberty on the grounds of such an act has been dismissed, he shall be subject to judicial supervision for the duration of the probative period. , as far as the monitoring of the behaviour of the right-breaker (par. 2), in particular with regard to the observance of a instruction pursuant to section 51 (3) or a instruction to refrain from exercising certain activities, is necessary or expedient to hold it from further such acts threatened with punishment.

(2) The court has, during the judicial oversight, the conduct of the right-breaker and the fulfilment of the instructions with the assistance of the probation aid, in appropriate cases under the supervision of the security authorities, the juvenile justice assistance, or of other appropriate facilities. The authorities responsible for monitoring shall report to the Court of First Instance on the measures they have set up and their perceptions. The probation officer shall, in the case of an order of judicial oversight, have the court of law, in so far as it requires the court or it is necessary or appropriate, but in any case in the first half of the judicial supervision, at least all three in which: The second half shall be reported at least every six months.

(3) The bodies of the public security service shall be empowered to carry out the duties assigned to the security authorities in accordance with paragraph 2 in order to establish the identity of a person in accordance with the provisions of the Security Policy Act, where: on the basis of certain facts, it is to be assumed that it is subject to judicial supervision and has not complied with the instructions given to it, or otherwise acts which is not compatible with the purposes of judicial supervision. '

(7) In § 53 (4), after the turn of the "Lifetime imprisonment" the twist "or from a custodial sentence for a punishable offence against sexual integrity and self-determination of more than five years" inserted.

8. § 58 (3) is amended as follows:

(a) Z 2 is:

" 2.		the period between the first-time interrogation as a defendant, the initial threat or the exercise of coercion against the offender for the crime (§ § 93 (1), 105 (1) StPO), the first prosecutors ' order or application for implementation or approval of the 8. Main item of the StPO regulated investigative measures and evidence to clarify the suspicion against the perpetrator, the order of detention or arrest, the application for the imposition of pre-trial detention or the filing of the indictment and the final conclusion of the procedure; "

(b) Z 3 is:

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

8a. § 91 the following paragraph 2a is inserted:

" (2a) Anyone who takes part in a brawl or an attack of several in a security area at a major sports event (§ 49a SPG) is already in prison for up to one year or with a fine of up to 360 punishing daily rates. "

8b. The title of § 104 and its para. 1 are:

" Slavery

§ 104. (1) Those who drive slave trade or otherwise withdraw personal freedom from another person in the form of slavery or a slavery-like situation shall be punished with imprisonment of ten to twenty years. "

9. According to § 107a the following § 107b with headline is inserted:

" Continued violence

§ 107b. (1) Anyone who exercises violence against another person for a longer period of time shall be punished with imprisonment of up to three years.

(2) Violence within the meaning of para. 1 shall be exercised by the person who abused another person in the body or acts against intentional acts against limb and life or against freedom with the exception of the offences punishable by § § 107a, 108 and 110.

(3) With a custodial sentence of six months to five years, it shall be punishable

1.		the offence is committed against a person who is not defenceless or who is defenceless because of frailty, illness or a mental disability, or
2.		by the fact that the behaviour of the injured person is in full control of the behaviour of the injured person, or a significant limitation of the person's autonomous way of life.

(4) Those who commit an act as defined in paragraph 3 in an agonisable manner or commit crimes against sexual self-determination and integrity as part of a continued force of violence pursuant to paragraph 3 shall be punishable by imprisonment of one to ten years. punishing. If an act in accordance with paragraph 3 results in a personal injury with a serious enduration (§ 85) or if the violence referred to in paragraph 3 is exercised for more than one year, then the offender is punishable by imprisonment of five to fifteen years, but has the death of the person. as a result of being punished by imprisonment of ten to twenty years.

(5) The perpetrator shall not be punished in accordance with the above provisions if the act is threatened after another provision with tighter punishment. "

Section 202 (1) reads as follows:

"(1) Those who, in addition to the cases of § 201, require a person with force or by dangerous threat to take on or cult a sex act, shall be punished with imprisonment of six months to five years."

11. § 205 reads:

" § 205. (1) Anyone who is a defenceless person or a person who has a mental illness, a mental disability, a profound disturbance of consciousness or a serious mental disorder of equal value to that condition is incapable of viewing or acting in accordance with the meaning of the operation, by using it in such a way as to make it possible for him to carry out a sex act or to make it to himself or to carry out a sexual act, sex action with another person or, to himself or to a third party It is to be punished with imprisonment of six months to five years for the purpose of making a sexual act on its own, and it is tempted to punish or satisfy itself.

(2) If the act has a serious bodily injury (§ 84 para. 1) or a pregnancy, the offender shall be punished with imprisonment of five to fifteen years. If, however, the act is the result of the death of the abused person, the perpetrator shall be punished with imprisonment of ten to twenty years or with life imprisonment. "

Article 207 (3) reads as follows:

" (3) If the act results in a serious bodily injury (Section 84 (1)), the offender shall be punishable by a term of imprisonment of five to fifteen years, but shall result in the death of the inresponsible person, with imprisonment of ten to twenty years, or with imprisonment of the person responsible for the death of the person. to punish life imprisonment. "

(13a) § 207a (1) and (2) are:

" (1) Anyone who has a pornographic representation of an underage person (para. 4)

1.		Or
2.		offers, provides, transfers, performs, or otherwise makes available to another person,
is punishable by imprisonment for up to three years.

(2) A term of imprisonment of six months to five years shall be punishable by a person who has a pornographic representation of an underage person (para. 4) for the purpose of dissemination, imports, imports, carries out or carries out an act according to paragraph 1 of this Article. A term of imprisonment of one to ten years shall be punishable by the person who acts as a member of a criminal organisation or in such a way as to result in a particularly serious disadvantage of the minor; likewise, it must be punished who is responsible for the crime. a pornographic portrayal of an underage person (para. 4) by use of severe violence or in the manufacture of which the life of the person under the age of the person depicted is deliberately or grossly negligently endangered. "

13b. In § 207a, the following paragraph 3a is inserted in accordance with paragraph 3:

"(3a) According to paragraph 3, it shall also be punished who knowingly accesses a pornographic representation of minors on the Internet."

14. § 214 (2) reads:

" (2) Anyone who, in addition to the case of para. 1, brings about the personal approximation of an underage with another person for the purpose of carrying out a sexual act in order to obtain an asset or another asset, shall be punishable by imprisonment from six months to two years. "

15. According to § 220a, the following § 220b with headline is inserted:

" Prohibition of activities

§ 220b. (1) If the offender has committed a criminal offence against the sexual integrity and self-determination of an underage person and, at the time of the offence, an activity or other activity carried out in an association or other institution or intends to exercise the education, training or supervision of minors, for a period of at least one and a maximum of five years, the exercise of these and comparable activities shall be prevented, if there is a risk that he would otherwise benefit from the use of such a The opportunity to do so will be another such criminal offence, with not just a slight impact.

(2) Where there is a risk that the offender will carry out criminal acts of the kind referred to in paragraph 1 of this Article with serious consequences in the performance of the activity, or if the offender has a criminal offence, taking advantage of the opportunity afforded to him by his activity. In the case of the act referred to in paragraph 1, although at the time of the act the exercise of that activity was punishable by a criminal law, the prohibition shall be indefinite.

(3) In the event that circumstances arise or become known in cases where there was no prohibition on any activity at the time of the judgment, the Court of First Instance has to waive the prohibition of activities.

(4) In the event of an indefinite period of activity, the Court of First Instance shall, at least every five years, verify that the conditions laid down in paragraph 2 are fulfilled.

(5) The duration of the prohibition of activities shall commence with the legal force of the decision to which the prohibition is issued. Times in which the perpetrator is stopped by the official order are not included in this time.

(6) Anyone who is pursuing an activity, although he knows that the exercise of that activity has been prohibited under the foregoing provisions, shall be punished with imprisonment of up to six months or with a fine of up to 360 days ' rates. "

§ 323, the following paragraph 4 is added:

" (4) In the case of an act, because of the date of the entry into force of the Criminal Procedure Reform Act, BGBl. I n ° 19/2004, which has already been subject to legal proceedings against the accused or has been brought in charge, the period during which the offence is maintained or a main proceedings are pending shall not be taken into account. in the period of limitation. "

Article VI

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 ° 109/2007, as amended:

1. In § 26 (2) of the StPO, the first half sentence of the second sentence is:

"Furthermore, the Public Prosecutor's Office, which is responsible for the investigative procedure for a criminal offence for which a court of higher order would have jurisdiction in the main proceedings (Section 37 (2)), draws the proceedings for other offences in itself;"

2. In § 28a (1), the turn-of-the- " 1 " in each case by the turn "§ 20a (1)" replaced.

3. In § 32 (3), the word "have" by the word "has" and the turn "the Court of Arbitration and instead of" by the word "or" replaced.

4. In § 43 (2), according to the words "worked" the word "is" inserted.

5. In § 45 (1), after the turn of the "is to be displayed" the twist "but on the exclusion of the President, the Vice-President or a member of the Supreme Court, however, the Supreme Court in a Tripartite Council" inserted.

6. In § 47 (3) of the StPO, after the turn of the "in the service supervision path" the twist "to decide and" inserted.

9. In § 77 (2), the word "Courts" through the turn "The head of the courts" replaced.

9a. § 128 shall be amended as follows:

(aa) para. 2 reads:

" (2) An obduction shall be admissible if it cannot be ruled out that the death of a person has been caused by a criminal offence. It shall be ordered by the public prosecutor's office, who shall carry out a university unit for judicial medicine or an expert in the field of forensic medicine, who is not a member of the scientific staff of a is to be asked to do so. "

(ab) Folding paragraph 2a is inserted:

" (2a) In the event of an assignment of a university unit, the management of this unit must transfer the personal responsibility for the autopsy within the meaning of section 127 (2) to a member of the scientific staff of this unit, who shall be responsible for the Personal and professional requirements for entry in the list of experts who are generally certified and certified by the court. If a public prosecutor's office or a court asks for the transfer to a particular person, the management shall comply with that request, unless there are important reasons to prevent it. If this is the case, the management shall seek the consent of the Public Prosecutor's Office or the Court of First Instance for any other transfer. The university institution may charge fees in accordance with the provisions of the Fees Claims Act (GebAG), BGBl. N ° 136/1975, whereby it has to transfer the fee for the management of the Mühewaltung after deduction of fees for the use of the investigative premises, including the infrastructure of the person who transferred the responsibility for the autopsy "

10. In § 183 (2) and (3), the turn-of-the- "The Federal Ministry of Justice" in each case by the turn "the Executive Directorate" replaced.

(12) § 197 is amended as follows:

(a) The following paragraph 2a is inserted:

" (2a) The proceedings against a person against which the prosecution cannot be initiated or continued in accordance with a statutory provision shall be discontinued and shall continue after the removal of the obstacle. Measures for the protection and acceptance of evidence may only be carried out in so far as this is permitted in accordance with the provisions relating to the obstacle to the pursuit of the persecution. "

(b) In paragraph 3, the turn shall not apply "after the investigation of the accused" .

13. In § 221, para. 4, the turn "taking over more than ten days of negotiations" through the turn "to be of longer duration" replaced.

14. In § 410 (1) the word shall be "or" replaced by a comma and after the parenthesis "(§ 31a StGB)" the twist "or on the prohibition of activities (§ 220b para. 3 and 4 StGB)".

15. The title of the II. Section of the 21. The main item is:

" II. From the procedure for accommodation in an institution for mental abnormals in accordance with § 21 para. 2 of the StGB, in an institution for right-breakers in need of reconciliation in accordance with § 22 of the German StGB (German StGB) or in a Anstalt für Hazerfallstäter pursuant to § 23 StGB (German StGB) and the Imposition of an activity ban according to § 220b StGB "

16. § 435 shall be amended as follows:

(a) In paragraph 1, the quote shall be: "§ § 21 para. 2, 22 and 23 StGB" by quoting "§ § 21 para. 2, 22, 23 and 220b of the StGB" replaced.

(b) para. 2 reads:

" (2) The placement of the accommodation in one of the institutions referred to in these provisions or their failure to do so and the arrangement of a prohibition of activities or their failure to act form part of the opposition over the penalty and may benefit in favour of: and to the detriment of the convicted person with invalidity complaint and with appeal. "

17. § 437 reads:

" § 437. A request for accommodation in one of the institutions provided for in § § 21 (2), (22) or (23) of the German Civil Code (StGB) or on the order of an activity ban has to be filed by the Public Prosecutor's Office. However, the Court of First Instance may, without such a request, order the accommodation or the prohibition of activities. "

18. The following sentence shall be added to section 439 (1):

"The order of a prohibition of activities (§ 220b of the German Civil Code) is void if the conditions of such a prohibition have not been discussed in the main hearing."

19. In § 441 (1), the first sentence reads:

" There are reasonable grounds for the assumption that the conditions for the independent arrangement of the preventive measures provided for in § § 21 (2), (22), (23) and (220b) of the StGB (German StGB) are given (Section 65 (5) of the StGB), the Public Prosecutor's Office to submit an application for an order of one of the preventive measures referred to in those provisions. "

20. § 485 shall be amended as follows:

(a) The following paragraph 1a is added to paragraph 1:

"(1a) The complaint lodged by the Public Prosecutor's Office against a decision pursuant to paragraph 1 Z 1 or Z 2 shall have suspensive effect."

(b) In paragraph 2, after the word "Applications" the twist "or orders" inserted.

21. § 498 (2) reads:

" (2) The appeal shall be in favour of the convicted person and all other persons who may raise a complaint for the benefit of a defendant, but to the detriment of the convicted person but only to the prosecutor. In the case of oral delivery, Section 86 (2) and (3) shall apply with the proviso that the copy and delivery of the decision shall also be prevented if the legal agent is not informed within three days of the date of the decision being announced orally. Complain. In the case of oral delivery and filing of a complaint, the time limit for the reimbursement of the legal means shall expire from the date of delivery of the written copy. A timely appeal shall have suspensive effect, unless it is directed against a decision pursuant to Section 496. "

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

" (2) The provisions of Sections 31 (3), 82 (3), 83 (2), 133 (2), 139 (2), 153 (4), 265 (1), 285e, 288 (2) (2a), 381 (3) (3), (3), (3), (3), (3), (3), (3), (3), (3), (3), (3), (3), (3), (3), (3), (3), (4) and I No 109/2007 will be 1. Jänner 2008 in force.

(3) The provisions of § § 19 paragraph 1 Z 3, 20a, 28a and 100a in the version of the Federal Law, BGBl. I No 109/2007 will be 1. Jänner 2009 in force, whereby the regulations on the jurisdiction of the KStA apply for the prosecution of criminal acts in accordance with § 20a, paragraph 1, which are committed after that date.

(4) The provisions of Sections 26 (2), 28a (1), 32 (3), 43 (2), 45 (1), 47 (3), 77 (2), 183 (2) and (3), 197, 221 (4), 410 (1), 435, 437, 439 (1), 441 (1), 485, 498 (2) and (516) in the version of the Federal Law, BGBl. I n ° 40/2009 will take place on 1 June 2009, the provisions of Section 128 (2) and (2a) in the version of the Federal Law, BGBl. I n ° 40/2009, however, only with 1. October 2009, in force. "

23. § 516 is amended as follows:

(a) The sections 1a and 1b shall be deleted.

(b) In paragraph 2, the third sentence reads as follows:

" On other applications, decisions and complaints, for their execution the Council Chamber according to the law of the Criminal Procedure Reform Act and the Criminal Procedure Reform Act I, BGBl. No 93/2007, amended procedural provisions, has to be decided by the Regional Court as the Senate of three Judges in accordance with Section 31 (5) in accordance with the new procedural provisions. "

(c) The following paragraph 6 is added:

" (6) The provisions of § § 26 (2), 28a (1), 32 (3), 43 (2), 45 (1), 47 (3), 77 (2), 197, 221 (4), 410 (1), 435, 437, 439 (1), 441 (1), 485, 498 (2) and 516 in the version of the Federal Law, BGBl. I No 40/2009, should not be applied in criminal proceedings where the judgment of the first instance has been made before its entry into force. However, after the annulment of such a judgment, it is necessary to proceed in the spirit of the new procedural provisions. "

Article VII

Amendment of the Criminal Law

The law enforcement law, BGBl. No 144/1969, as last amended by the Federal Law BGBl. I n ° 109/2007, as amended:

1. The following sentence shall be added to section 152 (2):

" The court has the Federal Minister of the Interior for the prevention and prevention of acts against sexual integrity and self-determination which are threatened with punishment by means of analysis (§ 58d Security Police Act BGBl). (No 566/1991) to send out or to be obliged to submit this statement. '

2. § 179a (1) and (2) are:

" (1) A right-breaker who is dismissed may the instruction to continue to undergo a deforestation treatment, a psychotherapeutic or a medical treatment (§ 51 para. 3 StGB) or in a social therapeutic treatment. To take a residence stay (§ 51 para. 2 StGB), also with the proviso that the treatment or the social therapy care for the convicted free of charge by a Forensic Ambulance, by a social therapeutic Residential facility, by a psychotherapist or by a doctor , which has committed itself to the Federal Ministry of Justice in relation to the implementation of such treatments and care. The execution of such treatment or care shall, if necessary, be without prejudice to § 3 of the Medical Act 1998, BGBl. No 169, their support by others would be appropriate for those persons who have committed themselves in the same way.

(2) If a conditional release has otherwise been granted, instruction has been given to undergo a deforestation treatment, a psychotherapeutic or medical treatment, or to stay in a social therapeutic housing facility, if the sentenced person is not entitled to the corresponding benefits from sickness insurance and would make his progress difficult by the obligation to pay the treatment costs, the cost of the treatment or the stay has to be complete or in part to take over the federal government. However, the Federal Government shall, in principle, pay the costs only up to the extent to which the insurance institution could pay the costs of the public service for the costs if the person in charge of the health insurance is in the public service of the staff. A treatment contribution (§ 63 (4) of the Civil and Accident Insurance Act, BGBl. No 200/1967), the right-breaker shall not be required to provide. The decision to take over the costs shall be the court responsible for issuing the instructions and, where possible, shall at least be taken into account in the decision on the conditional release in a suitable form. "

(3) The following paragraph 17 is added to § 181:

" (17) The provisions of § § 152 (2) and 179a (1) and (2) in the version of the Federal Law, Federal Law Gazette (BGBl). I n ° 40/2009 will enter into force on 1 June 2009. '

Article VIII

Amendment to the 1972 Tilgungsgesetz

The Tilgungsgesetz 1972, BGBl. N ° 68, as last amended by the Federal Law BGBl. I n ° 112/2007, is amended as follows:

1. In § 4, the following subsection (4a) is inserted after paragraph 4:

"(4a) An extension of the repayment period in accordance with § 4a shall not prevent the repayment of any other convictions, nor shall it effect an extension of the repayment period of any other non-redeemed convictions under para. 2."

2. According to § 4, the following § 4a with title is inserted:

" Tilting of convictions for sexual offences

§ 4a. (1) In the event of a conviction for a punishable offence pursuant to § § 201, 202, 205, 206, 207, 207a or 207b of the German Criminal Code (StGB) to an unconditional custodial sentence or in the case of an arrangement of accommodation pursuant to § 21 (1) of the Criminal Code (StGB) for such a crime the redemption period (§ 3) is extended by the simple.

(2) In the case of a conviction for another in the 10. Section of the Special Section of the StGB (StGB) shall be subject to an unconditional custodial sentence or in the event of an arrangement of accommodation pursuant to Section 21 (1) of the Criminal Code (StGB) for such a deed, the repayment period (§ 3) shall be extended by the Half.

3. At the request of the convicted person, the recognizing court shall examine whether, taking into account all the circumstances, in particular the personality of the perpetrator and his development, the extension of the repayment of the repayment pursuant to para. 1 or 2 is to be terminated. Such a request shall be admissible at the earliest after the expiry of the repayment period in accordance with § 3. If the application is rejected, a new application shall be admissible only after the expiry of five years from the legal force of the decision. "

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

" (2) Convictions for one in 10. Section of the Special Section of the Criminal Code (StGB) shall not be punishable by a custodial sentence of more than five years. At the request of the convicted person, the Court of First Instance shall examine whether, taking into account all the circumstances, in particular the personality of the perpetrator and his development, the possibility of repayment is to be taken into account. Such a request shall be admissible at the earliest fifteen years after the commencement of the repayment period (§ 2). If the application is rejected, a new application shall be admissible only after the expiry of five years from the legal force of the decision. "

4. § 7 is added to the following paragraph 4:

" (4) § § 4a and 5 (2) apply to foreign convictions for such acts in a sense. Paragraph 3, on the other hand, does not apply to such convictions. "

5. § 9 is added to the following paragraph 1g:

" (1g) The provisions of § § 4, 4a, 5 and 7 (4) in the version of the Federal Law BGBl. I No 40/2009 will enter into force on 1 June 2009. § § 4, 4a and 5 (2) shall apply to all convictions which have been made following the entry into force of the Federal Law BGBl. I n ° 40/2009. '

Article IX

Amendment of the Public Prosecutor's Act

The Public Prosecutor's Law, BGBl. No. 164/1986, as last amended by the Federal Law BGBl. I n ° 112/2007, is amended as follows:

(1) Section 2a shall not apply to paragraph 3.

Section 34 (1) reads as follows:

"(1) For each criminal case, a diary shall be kept in the case of the Public Prosecutor's Office in accordance with Section 34a."

3. § 34c is amended as follows:

a) The previous content is given the sales designation "(1)" and this is the second half sentence of the first sentence:

"unless a procedure is immediately terminated without further investigation pursuant to Section 197 (2) or (2a) of the StPO or is terminated in accordance with § § 190 to 192 StPO."

(b) The following paragraph 2 is added:

" (2) In the case of criminal offences for which the district court would have jurisdiction in the main proceedings, it may be waived of the conduct of an investigative act. However, an investigative act shall be applied in any event as soon as a request is made to the court or the prosecution (criminal proceedings). "

(4) § 42 is amended as follows:

(a) The last two paragraphs of the name "(8)" and "(9)" receive the sales designations "(9)" and "(10)" .

(b) The following paragraph 11 is added:

" (11) The provisions of § § 34 (1) and (34c) in the version of the Federal Law, BGBl. I n ° 40/2009 will enter into force on 1 June 2009. '

Article X

Amendment of the Crime Rights Act

The Crime Victim Law, BGBl. No 288/1972, as last amended by the Federal Law BGBl. I n ° 129/2008, shall be amended as follows:

1. In § 2, the point at the end of Z 9 is replaced by a stroke point and the following Z 10 is added:

" 10.		Lump sum compensation for pain relief. "

2. In accordance with § 6, the following § 6a and title is inserted:

" Flat-rate compensation for pain relief

§ 6a. Assistance in accordance with § 2 Z 10 is to be made for a serious bodily injury (§ 84 para. 1 StGB) as a result of an act within the meaning of Section 1 (1) as a one-off cash benefit of € 1 000. If the action involves a personal injury with a severe enduration (§ 85 StGB), a one-off amount of € 5 000 is due. "

3. § 10 (1) last sentence reads:

"Applications for benefits in accordance with § § 4 (5) and (6a) shall not be subject to a deadline."

(4) The following paragraph 10 is added to § 16:

" (10) § § 2 Z 9 and 10, 6a including the title and the 10 para. 1 last sentence in the version of the Federal Law BGBl. I No 40/2009 will enter into force on 1 June 2009. § 6a shall apply to acts within the meaning of Section 1 (1), which were committed after 31 May 2009. "

Article XI

Amendment of 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 ° 112/2007, is amended as follows:

1. In Section 2 (1), in Z 6 the point is replaced by a line-point and the following Z 7 and 8 are added:

" 7.		the order of judicial supervision pursuant to Section 52a of the German Criminal Code (StGB) and instructions pursuant to Section 51 of the Criminal Code (StGB), which have been issued for a criminal offence against sexual integrity and self-determination.
8.		legally binding activity prohibitions according to § 220b of the German Civil Code (StGB) together with data pursuant to § 3 (2) (1) to (3). "

2. In § 2, the following paragraph 1 is inserted after paragraph 1:

"(1a) Convictions for a criminal offence against sexual integrity and self-determination, which have been included in the criminal record after Z 1 to 3, shall be marked separately for the purpose of the inversion pursuant to Section 9a."

3. According to Article 3 (2), the following paragraph 2a is inserted:

" (2a) In the case of marked convictions pursuant to section 2 (1a), the Federal Police Directorate Vienna has the data on the place of residence and address communicated by the court pursuant to paragraph 2 (2) 2 every 6 months from the legal force or after an agreement on the dismissal by to check and, if necessary, update the automation supported query in the central reporting register. The change in the address of residence shall be made known to the safety authority in whose sails the leave was last received and together with the data in accordance with § 9a of the one in whose sprint he is currently taking accommodation. "

4. In § 4, the following paragraph 5 is added:

" (5) The courts have the order of the Federal Police Directorate Vienna the order of judicial supervision in accordance with § 52a StGB, instructions according to § 51 StGB, the one convicted of a criminal act against sexual integrity and self-determination In accordance with § 220b of the German Civil Code (StGB) and decisions which terminate the extension of the repayment period or the repayment of the repayment period (§ § 4a (3) and 5 (2) of the Eradication Act 1972), BGBl. No 68), for inclusion in the criminal record. "

5. § 9 para. 1, first half-sentence reads:

" Apart from the cases provided for in other federal laws and in intergovernmental agreements, the Federal Police Directorate of Vienna has free access to the criminal record of the request for free of charge on the basis of § 2 (1) (1) (1) to (6) of the Code of Criminal Law. To grant data: "

6. In accordance with § 9, the following § 9a and title shall be inserted:

" Special information on sex offenders

§ 9a. (1) The Federal Police Directorate Vienna has free of charge and, if possible, by means of long-distance data traffic

1.		Courts in criminal proceedings, proceedings under the Penal Code, in procedures for the adoption of a child, and on the regulation of the care and personal traffic between parents and minor children, on the legal basis of the law and in the case of application procedures,
2.		public prosecutors, security agencies and security services for the purpose of prosecution and supervision of judicial oversight and the review of activity prohibitions,
3.		Criminal enforcement authorities for the purposes of penal law and
4.		Security authorities and security services for the prevention and defence of dangerous attacks

Information on the convictions marked in accordance with § 2 (1a) and data pursuant to § 2 (1) Z 7 and 8 shall be issued.

(2) In accordance with special legal provisions, the Federal Police Directorate Vienna has the youth welfare authorities, school authorities, as well as service authorities and personnel offices of the local authorities in connection with the employment of persons. Information on the convictions marked pursuant to § 2 (1a) and on data pursuant to § 2 (1) (7) and (8) shall be granted to children and young people in the form of facilities for the care, education or information of children and young people.

(3) For information pursuant to paragraphs 1 and 2, the restrictions on the information provided for in § 6 of the tillation law shall not apply. "

7. In § 10 (1), after the word "Applicant" the twist "with the exception of data according to § 2 para. 1 Z 7 and 8" inserted.

8. In § 11 (1) and (2) shall be made after the quotation "§ § 9" the quote ", 9a" inserted.

9. In § 12 the following sentence is added:

"The deletion of activity prohibitions according to § 220b of the German Civil Code (StGB) shall be determined in accordance with the duration of the proceedings."

10. In § 13a is after the quote "§ § 9" the quote ", 9a" inserted.

11. In accordance with § 14 (4), the following paragraphs 5 and 6 are added:

" (5) § § 2 para. 1 Z 6 to 8, 2 para. 1a, 4 para. 5, 9 para. 1, 10 para. 1, 11 para. 1 and 2, 12, 13a and 14a in the version of the Federal Law, BGBl. I No 40/2009 will enter into force on 1 June 2009.

(6) § § 3 (2a) and (9a) in the version of the Federal Law, BGBl. I n ° 40/2009 will enter into force on 1 December 2009. '

12. In accordance with § 14, the following § 14a and title shall be inserted:

" Transitional provision

§ 14a. With the entry into force of this Federal Act (Section 14 (6)), the Federal Police Directorate Vienna is authorised to collect communications pursuant to § 4 (5) retrospectively and to carry out markings in accordance with Section 2 (1a). "

Article XII

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 ° 4/2008, shall be amended as follows:

1. In Section 38a (7), the turn shall be "with the end of the tenth day" through the turn "two weeks" and the turn "with the end of the twentieth day" through the turn of "four weeks" replaced.

Section 94 is added to the following para. 25:

" (25) § 38a (7) in the version of the Federal Law BGBl. I n ° 40/2009 shall enter into force on 1 June 2009. '

Article XIII

Amendment of the General Civil Code

The General Civil Code, JGS. No 946/1811, as last amended by the Federal Law BGBl. I n ° 100/2008, shall be amended as follows:

In Section 215 (2), the expression "according to § 382b EO and its enforcement pursuant to § 382d EO" by the expression "in accordance with § § 382b and 382e EO as well as their enforcement" replaced.

Article XIV

Entry into force and transitional provision

(1) Art. II and Art. V Z 1 to Z 15 as well as Art. XIII of the 2nd Violation Protection Act, BGBl. I n ° 40/2009, enter into force on 1 June 2009.

(2) Art. V Z 8 is also on prior to the entry into force of the 2nd Violation Protection Act, BGBl. I n ° 40/2009, provided that the criminality has not yet been received at that time.

Fischer

Faymann