19. Federal Law for the Implementation of the Framework Decision on the application of the principle of mutual recognition of financial penalties and fines in the field of administrative financial criminal proceedings (EU Financial Enforcement Law- EU-FinStrVG)

The National Council has decided:

table of contents

Section 1 General provisions
§ 1.	Scope
§ 2.	Definitions
Section 2 Enforcement of decisions of other Member States in Austria
§ 3.	Procedural law and competence to be applied
§ 4.	Inadmissibility of enforcement
§ 5.	Enforcement
§ 6.	Payment of payments
§ 7.	Replacement Custodial Sentence
§ 8.	Termination of enforcement
§ 9.	Proceeds from enforcement
§ 10.	Information to the issuing State
§ 11.	Cost
Section 3 Enforcement of Austrian decisions in another Member State
§ 12.	Requirements
§ 13.	Communication of the decision
§ 14.	Termination of enforcement
§ 15.	Consequences of transmission
Section 4 Final provisions
§ 16.	Relationship with other agreements and arrangements
§ 17.	References
§ 18.	Enforcement
Appendix 1	List of offences in which double criminality is not examined
Appendix 2	Certificate

Section 1

General provisions

Scope

§ 1. This federal law goverts

1.		the execution in Austria of decisions taken by the financial and customs authorities of other Member States of the European Union; and
2.		the enforcement of decisions of Austrian financial criminal authorities in another Member State of the European Union,
as far as they are not in the Federal Act on Judicial Cooperation in Criminal Matters with the Member States of the European Union (EU-JZG), BGBl. I n ° 36/2004, or in the EC Enforcement Aid Act (EC VAHG), BGBl. No 658/1994, or in bilateral or multilateral agreements or arrangements concluded between the Republic of Austria and other Member States of the European Union within the meaning of Section 16.

Definitions

§ 2. In the sense of this federal law means

1.		"Decision"
a)			a final decision against a natural person or an association within the meaning of Section 1 (2) and (3) of the German Association for the Protection of Responsibilities (VbVG), Federal Law Gazette (BGBl). I No 151/2005 on the payment of a fine or fine which:
aa)				has been made by a non-judicial authority of the issuing State with respect to an act punishable under its law, provided that the person concerned had the opportunity to do so in the face of a criminal offence, including in criminal matters the court, or
bb)				has been made by a non-judicial authority of the issuing State in respect of acts which have been punishable under its law as an infringement of legislation, provided that the person concerned has had the opportunity to: bring the matter before a court of law, including in criminal matters;
b)			in the scope of the 3. Section also a final decision on the payment of a fine or fine by a natural person or a federation that has been taken
aa)				from a sprouchsenate, or
bb)				of a court having jurisdiction in criminal matters, and one under lit. a or lit. b, sublit. (aa) to take a decision;
2.		"monetary penalty or fine" means the obligation to pay
a)			a monetary amount fixed in a decision;
b)			a compensation for the victims, fixed in the same decision, if the victim was unable to claim civil rights in the course of the proceedings and the court was acting in the exercise of his or her criminal law jurisdiction;
c)			monetary amounts for the costs of the judicial and administrative procedures leading to the decision;
d)			the amounts of money fixed by the same decision to a public fund or to an organisation for the assistance of victims.
		The term 'financial penalties or fines' shall not include arrangements for the confiscation or the decay of instrumentalities or the proceeds of criminal offences, or arrangements of a civil nature arising out of claims for damages and claims on the part of Restoration of the former state, and in accordance with Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 145, 31.7.2001.. No. OJ L 12 of 16.01.2001 p. 1.
3.		"penal" means the natural person or the association against which the decision has been taken;
4.		"Framework Decision", Framework Decision 2005 /214/JHA on the application of the principle of mutual recognition to financial penalties, OJ L 327, 28.2.2005, p. No. OJ L 76, 22.03.2005 p. 16;
5.		"Member State" means a Member State of the European Union;
6.		"issuing State" means the Member State in which a decision has been taken;
7.		"executing State" means the Member State to which a decision has been communicated for the purpose of enforcement;
8.		"certificate" means the certificate referred to in Article 4 of the Framework Decision;
9.		"Central Authority" shall be the central liaison office for international cooperation (CLO) as the central authority within the meaning of Article 2 (2) of the Framework Decision.

Section 2

Enforcement of decisions of other Member States in Austria

Procedural law and competence to be applied

§ 3. (1) Unless otherwise provided by the provisions of this Section, the procedure for the enforcement of decisions of other Member States in Austria is the Financial Criminal Law (FinStrG), BGBl. No 129/1958.

(2) The central authority shall be appointed to receive a request for enforcement.

(3) The execution of enforcement shall be the responsibility of criminal decisions relating to customs duties or excise duty offences and other offences relating to the legislation to be enforced by the customs authorities, the customs authorities as financial criminal authorities the first instance, otherwise the financial authorities as the financial authorities of the first instance.

(4) The local jurisdiction of the financial services authorities depends on the national domiciate or residence of the person against whom the monetary sanction has been pronounced; it is an association (Article 1 (2) and (3) of the VbVG), after the latter has its registered office. or after the location of the company or its establishment in the country. Where these places cannot be established, the place where assets are to be enforced shall be the place where the decision is to be carried out. If, in accordance with these provisions, the competence of a particular financial authority cannot be determined, enforcement shall be carried out by the competent financial authority first dealt with by the substance.

(5) Where an Austrian financial penalty authority is not competent to take the necessary measures to enforce it, the decision shall be ex officy of the competent authority responsible for the enforcement of the decision. The competent authority or the court responsible pursuant to Section 53b (1) and (2) of the EU-JZG.

Inadmissibility of enforcement

§ 4. (1) The discharge authority of the first instance (enforcement authority) shall refuse to execute the decision if the certificate is not available, is incomplete or obviously does not comply with the decision. An incompleteness shall also apply if the decision or a certified copy of the decision is not transmitted together with the certificate or if a translation of the certificate is missing in the German language, unless the The decision state made the declaration to accept certificates in German as a executing state.

(2) The executing authority shall refuse to execute the decision even if:

1.		the domestic penalty does not have any assets or income, nor does it normally hold or have a seat in the country,
2.		a final decision has been taken against the criminal offender for the same offence, or a decision taken in a State other than that of the issuing State or of Austria has already been enforced,
3.		the decision relates to an act which, under Austrian law, would not constitute a criminal offence, unless it is a matter in the list in Appendix 1 listed the case,
4.		the enforceability of the decision is statute-barred in accordance with Austrian law and the decision relates to an act for which Austrian criminal law applies,
5.		the decision relates to an act,
a)			which has been committed in the domestic or on board of an Austrian vessel or aircraft; or
b)			which has not been committed in the territory of the issuing State, provided that acts of the same type committed abroad under Austrian law are not punishable,
6.		in accordance with Austrian law, there are immunities which are contrary to enforcement,
7.		the decision has been taken against a natural person who, according to Austrian law, was at the time of the act unmuddy,
8.		has been granted an amnesty or a pardon in the issuing State or in the territory of the country,
9.		According to the certified statement of the
a)			in the case of a written procedure, not personally or through a representative entitled under the law of the issuing State, of his right to challenge the decision and the time limits applicable to that appeal, in accordance with the the legislation of the issuing State has been informed, or
b)			was not personally available for negotiation, unless the certificate indicates that the offence has been
aa)				has been informed of the proceedings in person or on the basis of a representative authorised under the law of the issuing State in accordance with the legislation of the issuing State, or
bb)				has indicated that he does not address the decision,
10.		the fine or fine imposed shall be less than EUR 70 or the equivalent of that amount; or
11.		if there are objective indications that the decision has been taken in breach of fundamental rights or general principles of law, in accordance with Article 6 of the Treaty on European Union.

(3) The executing authority shall refuse to execute the decision, to the extent that:

1.		the Republic of Austria has limited the scope of the Framework Decision in a declaration made pursuant to Article 20 (2) of the Framework Decision, or
2.		with a view to a declaration of reciprocity issued by the issuing State pursuant to this provision.

(4) Before the executing authority, in the cases referred to in points (1) and (2), (4), (9) and (11), refuses to execute a decision in whole or in part, the executing authority shall, in a suitable manner, with the competent authority of the the decision-making state and, if appropriate, request it to provide the necessary additional information without delay, without delay.

(5) All cases of inadmissibility pursuant to paragraph 2 Z 11 shall be reported to the Federal Minister of Finance.

Enforcement

§ 5. (1) If none of the inadmissibility reasons mentioned in § 4 (1) to (3) is present, the acceptance of enforcement shall be established. This communication shall be the name of the authority whose decision is to be enforced, its file number, the name of the offence, the legislation of the issuing State and a declaration of enforceability. and the amount to be carried out. This communication is an outline for the financial and judicial executive procedures.

(2) The amount of money to be executed shall be indicated in euros by the executing authority. If the fine or fine to be paid in the decision to be executed is not declared in euro, the amount of the money to be executed shall be converted into euro on the exchange rate applicable on the day of the imposition of the fine or fine.

(3) If it is shown that the decision is based on deeds which have not been committed in the territory of the issuing State and those acts are subject to the scope of the Austrian criminal laws, the amount to be enforced shall be: to reduce the maximum permitted by Austrian law.

(4) A complaint filed against this communication (§ 152 FinStrG) shall have suspensive effect insofar as only measures may be taken to secure the fine to be executed until the final decision has been passed.

(5) The execution of a decision may be suspended for the time required for the production of its translation.

Payment of payments

§ 6. If the pledge can provide proof of payment in part or in part in a State, the executing authority shall, in accordance with the procedure laid down in Article 4 (4), have entered with the competent authority of the issuing State To reach agreement. Any part of the fine or fine which has always been paid in a State shall be fully attributed to the amount of the money to be paid.

Replacement Custodial Sentence

§ 7. (1) If the issuing State has admitted to the certificate the order of a substitute custodial penalty, this shall be determined as the basis for its execution in the communication to be issued in accordance with § 5 on the condition of reciprocity.

(2) If a determination has to be made in accordance with paragraph 1 and if a decision to execute a fine or a fine has not already been imposed, it is not already a substitute custodial sentence, the same shall apply in the case of the Incrimination of the fine or fine shall be subject to a substitute custodial sentence. The amount of the replacement penalty shall not exceed a maximum amount specified in the certificate. In addition, § 20 of the FinStrG shall be applied with the proviso that a substitute custodial sentence shall not exceed the duration of six weeks. In the case of a higher replacement penalty in the decision to be carried out, the duration of the penalty shall be reduced to six weeks.

(3) § 179 FinStrG is to be applied in a reasonable way.

Termination of enforcement

§ 8. Where the competent authority of the issuing State informs the executing authority of a decision or measure, on the basis of which the enforceability of the decision is issued or that the execution of Austria from other Member States is not If it is withdrawn again, the execution must be terminated.

Proceeds from enforcement

§ 9. Unless a different agreement has been reached with the issuing State, the proceeds from the execution shall flow to the Federal Government.

Information to the issuing State

§ 10. The competent authority of the issuing State shall immediately in a form enabling written evidence to be provided by the financial criminal authority,

1.		on the transmission of the decision to the competent authority or to the competent court in accordance with Article 3 (5),
2.		the refusal to execute a decision pursuant to § 4, together with a statement of reasons,
3.		the execution of the decision in its entirety or in part on the grounds referred to in Article 5 (3), (6) or in other legislation,
4.		on the execution of the decision as soon as it has been completed, and
5.		on the arrangement (fixing) of a replacement custodial sentence in accordance with § 7
shall be informed.

Cost

§ 11. Compensation for any costs incurred may not be required by other Member States.

Section 3

Enforcement of Austrian decisions in another Member State

Requirements

§ 12. Decisions taken by Austrian financial criminal authorities may be enforced in another Member State if it is not possible to carry out a domestic enforcement operation or if there is a disproportionate effort involved.

Communication of the decision

§ 13. The financial penalty authority of the first instance (the executing authority) shall forward the decision or a certified copy of the decision together with a certificate to the competent authority of a Member State in which the competent authority of the competent authority of a Member State is responsible for the decision or the competent authority of a Member State. decision punishable by a natural person or by the association, with assets, income, or as a rule, or has its registered office. The transmission and all official communications shall be carried out by the central authority.

(2) For the certificate, the form in Appendix 2 , it shall be signed by the executing authority to confirm the accuracy of its content. If the executing State has not made the declaration to accept certificates also in German, the certificate shall be placed in the official language or one of the official languages of the executing State or, if the executing State is has made the declaration to accept a translation into one or more other official languages of the European Union, to be translated into one of these official languages.

(3) The transmission in accordance with paragraph 1 shall be carried out in a form which allows written proof under conditions permitting the executing State to establish the authenticity. The original or a certified copy of the decision and the original of the certificate shall be sent to the executing State in the post of post on request.

(4) The executing authority may submit the decision only to one executing State.

(5) Where neither the executing authority nor the central authority is aware of which authority is competent in the executing State, they shall endeavour to make them available to the executing State with all the means at its disposal, including those relating to: Contact points of the European Judicial Network-experience.

Termination of enforcement

§ 14. (1) The executing authority shall immediately inform the competent authority of the executing State of any decision or measure on the basis of which the enforceability of the decision shall be issued.

(2) The executing authority has to withdraw the execution of the executing State again if the conditions pursuant to § 12 have been omitted.

Consequences of transmission

§ 15. (1) Subject to paragraph 2, the executing authority may not execute a decision submitted in accordance with § 13.

(2) The enforcement authority shall be entitled to execute the enforcement of the law in the first place;

1.		where in the executing State a pardon or amnesty has resulted in the execution of which the execution is not carried out,
2.		if enforcement in the executing State is not possible, from the date of receipt of the relevant understanding,
3.		if the executing State refuses to execute it, unless the refusal has been based on the reason referred to in Article 4 (2) (2) (2), or
4.		if it has informed the executing State that it has withdrawn from it the enforcement of the decision in accordance with Section 14 (2).

(3) After a decision has been forwarded in accordance with Section 13, if an Austrian authority considers a sum of money which has been paid on a voluntary basis to the offender on the basis of the decision, it shall immediately inform the competent authority in the executing State without delay. with. § 6 shall apply mutatily.

Section 4

Final provisions

Relationship with other agreements and arrangements

§ 16. This federal law does not preclude the application of bilateral or multilateral agreements or arrangements between the Republic of Austria and other Member States of the European Union, provided that they offer the possibility of To go beyond the provisions of this Federal Law and to contribute to further simplification or facilitation of the procedures for the execution of fines or fines.

References

§ 17. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

Enforcement

§ 18. With the enforcement of this federal law, the Federal Minister of Finance is entrusted in agreement with the Federal Minister of Justice.

Fischer

Faymann