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Amendment Of Rules Of Procedure For The Courts Of I. And Ii. Instance

Original Language Title: Änderung der Geschäftsordnung für die Gerichte I. und II. Instanz

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452. Regulation of the Federal Minister of Justice, by means of which the Rules of Procedure for the courts I and II. Instance is changed

Because of the nature. VII of the Sixth Court Relief Novella, BGBl. N ° 222/1929, shall be assigned:

Article I

The Rules of Procedure for the Courts I and II. Instance, as last amended by the BGBl Regulation. II No 421/2006, shall be amended as follows:

1. § 1 shall be amended as follows:

(a) In the last sentence, the turn of paragraph 3 "The Council Chamber, the" by the word "The" replaced.

(b) In paragraph 5, the third sentence is deleted.

2. § 11 shall read together with the title:

" Judicial Administrative Matters

§ 11. (1) The administrative cases shall be grouped into the following business groups:

1.

general instructions, decrees and teachings (§ 518);

2.

advice on legislation and administration of justice, other matters of legislation, proposals for changes in the establishment or occupation of the courts or in the service rules;

3.

matters of judicial organisation, official and judicial days;

4.

Personnel and remuneration matters of judges, prosecutors, judges, legal professionals, district attorneys and other officials, including matters related to the termination of the service or the level of activity; Nomination proposals and the official dress-related matters;

5.

Affairs of the professional and expert lay judges and assessors, the experts and interpreters certified in general and certified by the courts, the legalisers in Tyrol and Vorarlberg, as well as the insult to the Stock exchange arbitrator;

6.

Staff and remuneration of contract staff and other private-law staff, insofar as they are not covered by another group, including the termination of the service or the activity related matters;

7.

Choice and scope of staff senate, business distribution, service time, Sundays, public holidays and night service, general holiday opportunities, composition of commissions;

8.

Affairs of the Justice-Ombudsman;

9.

matters relating to initial and continuing training and audit matters of all kinds;

10.

matters of information and communication technology;

11.

Administrative and disciplinary matters;

12.

Travel fees;

13.

matters relating to lawyers (lawyers), defence counsel in criminal matters and notaries (notarial candidates);

14.

Budgetary management and the monetary economy; supply to the courts of the Office of the Office of the Office of the Office of the Interior, including the objects of the internal body;

15.

accommodation of the services, building material, building requirements, in-house buildings, the house administration, insofar as it is transferred to the court or to a staff member of the court;

16.

-matters of judicial and inmates, as far as they are not dealt with by means of a disciplinary procedure (Z 11);

17.

Supervision, official examinations of the courts, examination of the building and transfer of accounts;

18.

Formation of the jury and Schöffenlists, affairs of the jury and the spoons, affairs of the penitentiaries;

19.

Basic booking and supplement in general;

20.

general arrangements for the provision of judicial and judicial administrative charges, costs and fines, court proceedings and the preservation of evidence; enforcement fees in accordance with the provisions of the VGebG;

21.

the Official Library;

22.

archive and file destruction;

23.

Recurring ID and reports, statistics;

24.

Media affairs and other public relations activities;

25.

Above and intermediate certifications;

26.

Evaluation of draft legislation;

27.

Decommitment of the secrecy of office;

28.

Requests for legal and administrative assistance from courts and other bodies;

29.

Matters of internal revision;

30.

legal protection requests and correspondences;

31.

Reporting on claims under the Impeachment Act, the Organic Liability Act and the Criminal Law Compensation Act 2005 and to Folk Law Inquiries as well as in procedures according to the ECHR;

32.

Business, in particular instructions and exhibitions of superordinate appeal bodies;

33.

Decisions on charges and costs, in particular on requests for correction and on requests for payment and estate;

34.

ordering of patients 'lawyers and customers' representatives;

35.

the affairs of the right-holders and the right-holders;

36.

Matters relating to Eurojust and the European Judicial Network (EJN) in civil and commercial matters and in criminal matters;

37.

Requests for legal and mutual assistance from abroad and abroad, as well as other foreign matters, insofar as they do not fall under Z 25 or Z 36;

38.

Matters of the FEX planning and management units, including remuneration in accordance with the VGebG;

39.

Other judicial administrative matters.

(2) The Court of Jurisdiction may order subgroups to be formed within the individual business groups as required.

(3) The provisions of para. 1 and 2 shall not apply if business items belong to the personnel files (§ 520) or files relating to the field of service and disciplinary matters (§ 519). "

3. § 15 is amended as follows:

(a) In paragraph 2, the turn-off "or investigating judge" .

(b) In paragraph 5, the text of the text shall be "(§ § 221, 300 StPO.)" by the citing quote "(§ § 221 para. 4 StPO)" replaced.

4. § 19 is amended as follows:

a) In Z 7 the "The preliminary surveys and preliminary investigations" through the Application "of the investigative procedure" replaced; the last sentence is deleted.

b) In Z 9, the turn "Youth" through the turn "Jugendstraf-" and the word "Vormundschaftssachen" by the word "Pflegschaftssachen" replaced.

5. § 25 is amended as follows:

(a) (1).

(b) In paragraph 2, the word "However," and the twist "Judges and others" .

(c) In paragraph 3, the citation shall be "§ 6 StPO." by quoting "§ 84 StPO" replaced.

6. § 42 (2) is repealed.

7. In § 50 (2), the sequence of letters shall be "staF." through the sequence of letters "BA" replaced.

8. In § 51 (5) the word in the first sentence shall be: "cede" by the word "sent" replaces and replaces the last sentence .

9. In § 54, para. 5, the parenthesis shall be "(§ 77 StPO.)" by the citing quote "(§ 81 StPO)" replaced.

10. In the last sentence of § 57 (2), the turn-of-the-turn "in transgressmen" and will turn the turn "the State-attorney-general" through the turn "the representative of the Public Prosecutor's Office" replaced.

11. In § 63 (5), the stain and the turn are deleted in the wording of the wording "§ 105 StPO." .

12. In Section 70 (2), the turn-of-the- "Public Prosecutor's Office" through the turn "District Wallet" replaced; the turn "because of transgressions" No.

13. In § 82 (1), the parenthesis shall be "(§ § 100, 163, 164, 198 StPO.)" by the citing quote "(§ § 56, 125, 126 StPO)" replaced.

14. In § 86 (1) the turn-of-the-turn " , defenders (§ 42 StPO.) " .

§ 116 shall be amended as follows:

(a) In paragraph 2, the citation shall be "§ § 19 to 21 StPO." by quoting "§ § 40 to 42 StPO" replaced; the last sentence is deleted.

(b) In paragraph 3, the quote shall be: "§ 472 StPO." by quoting "§ § 287 (2) iVm 294 (5) StPO" replaced.

16. § 121 shall be amended as follows:

(a) (2).

(b) In paragraph 3, the quote shall be: "§ § 20 to 22 StPO." by quoting "§ § 41 to 42 StPO" replaced.

17. § 125 is amended as follows:

(a) In the last sentence, the phrase in paragraph 4 shall be: "Arrest or house search" through the turn "Implementation of an order of arrest or other means of coercive treatment to be authorized (§ 210 para. 3 StPO)" replaced.

(b) In paragraph 7, the text of the text shall be "(§ 103 para. 3 ZPO., § 80 StPO.)" through the Citation "(§ 103 ZPO, § 82 StPO)" replaced.

18. § 130 is amended as follows:

a) In the Z 1, the quote "§ 80 StPO." by quoting "§ 82 StPO" replaces and dispense with the turn "or an Exection Handler" and in the quote, the quote " § 30 EO. " .

b) In the Z 2, the quote "§ 80 StPO." by quoting "§ 82 StPO" replaced.

(c) Z 7 lit. b is:

" (b)

In criminal matters, an additional copy of the contested decision must be attached to the appeal court on submission to the Court of Appeal, but two additional copies must be attached to the Supreme Court when it is presented. "

19. § 133 shall be amended as follows:

a) In the headline, the turn "Marriage and descent" by the word "Matrimonial Matters" replaced.

(b) In paragraph 1, the turn-over "and in descent" and it will be the cuncite "(§ 50 para. 2 Z 1 and 3 JN.)" by the citing quote "(Section 49 (2) (2a) of the JN)" replaced.

(c) In paragraph 2, the last sentence is deleted.

20. In § 140 (2), the turn-of-the- "Home search, executive order or arrest warrant" through the turn "Pre-orders or an order of arrest or other means of enforcement to be authorized (Section 210 (3) of the StPO)" replaced.

21. The following sentence is inserted in Section 149 (5):

"However, upon request, these copies shall be accompanied by the signature of the judge and the signature of the Head of the Business Division."

22. In § 151 (1), the turn-of-the-turn " , finally, detention, executive or house search warrants " .

23. In § 152 (3) the quote is deleted " , 459 " and it will be the cuncite "(§ 209 StPO.)" by the citing quote "(§ 213 StPO)" replaced.

24. In § 164 (1) the quote is deleted in the text of the staples "§ 161 StPO".

25. § 170 shall be amended as follows:

(a) In paragraph 2, the citation shall be "§ 45 StPO." by quoting "§ § 51 para. 2, 68 para. 1 StPO" replaced.

(b) In the second sentence, the turn in paragraph 3 is deleted "§ 34 para. 3 StPO and" .

26. In § 175, the following paragraph 2a is inserted after paragraph 2:

"(2a) The time limits laid down in § 174 Z 8 shall apply for the storage of hand files in the investigation procedure (§ 507a)."

27. § 182 is amended as follows:

(a) In paragraph 1, the quote shall be: "67 to 70, 72 StPO." by quoting "43 to 47 StPO", the citation "§ 74 StPO." by quoting "§ 45 StPO" and the word "Swords" by the word "jurors" replaced; the turn "before the main hearing to the Chief Justice of the Court, during the main hearing" No.

(b) In paragraph 2, the quote shall be: "§ 70 para. 1 StPO." by quoting "§ 44 para. 2 StPO" and the quote "§ 74 StPO." by quoting "§ 45 StPO" replaced.

28. § 183 is amended as follows:

(a) In paragraph 1, the word "Geschworner" by the word "Jury" replaced.

(b) In paragraph 2, the turn shall be deleted "in the main negotiation" and it will be the cuncite "§ 74a StPO." by the citing quote "§ 46 StPO" and the word "Jurors" by the word "jurors" replaced.

(c) In paragraph 3, the citation shall be "§ § 74, 74a StPO." by quoting "§ 45 StPO" replaced.

(d) In paragraph 5, the second sentence shall be "The judge or the chairman of the respective senate (§ 46 StPO) decides on the rejection of a jury or spoon and of protocol guides in criminal matters." and, in the third sentence, becomes the quote "§ § 74, 74a StPO." by quoting "§ 45 StPO" replaced.

29. § 199 shall be amended as follows:

(a) In paragraph 4, the text of the text shall be "(§ 263 Z 7)" by the citing quote "(Section 263 (6))" replaced;

(b) In paragraph 6, the citation shall be "§ § 146, 147 StPO." by quoting "§ § 134 Z 1, 135 para. 1 StPO" replaced.

30. In § 234 Z 5 the last sentence is deleted.

31. § 235 is amended as follows:

(a) In the heading to section 235, the turn-of-turn "and the accommodation in a federal institution for education in need of education" .

(b) In paragraph 1, the turn shall be: "the Public Prosecutor (Public Prosecutor's Office at the District Court)" through the turn "the Public Prosecutor's Office" and the citing quote "(§ 78 StPO.)" by the citing quote "(Section 81 (3) of the StPO)" replaced.

(c) (2).

(d) In paragraph 3, the text of the text shall be "(§ 236)" by the citing quote "(§ 381 para. 3 StPO)" replaced.

(e) paragraph 4 reads:

" (4) In addition, the provisions of the 1 shall apply to the introduction of the fees and charges. and 2. Chapter. "

32. In § 237 (5), after the turn of the "Maintenance of the law" the twist "or a renewal of the criminal proceedings" inserted.

33. § 263, together with headline:

" Special provisions for payment orders according to the GebAG

§ 263. (1) The accounting officer shall be sent:

1.

in the case of the payment of fees to witnesses: the decision on the fees or the granting of an advance and a copy of the charge with confirmation of presence, in the absence of a charge, of a confirmation of presence only, of that institution, who has led the hearing or the expert who has contributed to the evidence of the uptake of the findings;

2.

in the case of the payment of fees to experts and interpreters, the decision on the fees or on the granting of an advance; in cases where an arrangement of the payment of the fees is permissible even without a decision, the Payment order of the Public Prosecutor's Office or the Court of First Instance (Chairman) with the fee application and the confirmation that no objections were made or that no objections were waived, or the order of the Public Prosecutor's Office on the granting of advance assistance (Section 52 (4) of the GebAG).

(2) The decision or order referred to in paragraph 1 shall show the case (criminal case) as well as the name and place of residence of the person in whose favour the payment is ordered. In any event, it shall contain a payment instruction to the accounting officer in which the person entitled to receive and, where appropriate, its bank account shall be designated. The accounting officer shall report from the payment a report on the court act and shall note this on the decision or arrangement referred to in paragraph 1.

(3) The fee payable shall be broken down into the individual charge components in the decision. A breakdown may be maintained if there is no obligation for the expert or interpreter for the breakdown of the individual charge components or if the reasons for the decision may legitimately be based on a reference to the relevant fee. Restrict the application for a fee. To the extent that an arrangement of the payment of the fees is permissible even without taking a decision, the fee application to be included shall contain a breakdown in the individual fee components, unless the expert or the person responsible for the payment of the fees is to be responsible for the payment of the fees. Interpreters do not have a commitment to breakdown of the individual fee components. Any certificates submitted (for example, on the level of the acquisition or on the cost of the journey) must be connected.

(4) Witness fees are to be determined-broken down into the individual charge components-usually on the back of the load. This means that the time for which the witness was loaded, but only later or without charge, is the time of his appearance, and in any case the date of his dismissal.

(5) In determining fees for jurors and spoons, and for professional and expert lay judges, the above rules shall apply in accordance with the relevant provisions. "

34. § 283 shall read with the title:

" Examination of witnesses, experts and interpreters

(1) The power to verify witnesses ', experts' and interpreters ' fees, granted in accordance with statutory provisions, shall be as follows:

1.

if the Higher Regional Court or the Supreme Prosecutor's Office decides, the auditor at the Higher Regional Court;

2.

if the Supreme Court decides, the auditor at the Higher Regional Court of Vienna;

3.

otherwise the auditor at the regional court.

(2) If the auditor perceives errors of fundamental nature (for example misinterpretations of regulations and tariffs) in the determination of witness fees, he has a repetition of these errors by means of the appropriate instruction of the staff member to whom the Determination of the witness fee is to be prevented. Where such errors are found in several courts of the sprint, the auditor shall report thereon to the President of the Court of Justice of which he is appointed.

(3) If the auditor is responsible for checking the fees (para. 1) shall be entitled to deliver copies or equivalent copies of pieces of business, following the files in the way of the entry point. The date of receipt of the entry point (section 102 (1)) shall be deemed to be the date of delivery or equivalent of the item of business as the auditor. The consignment must be sent by the public prosecutor's office if it has appointed the expert or interpreter and the application for a fee is submitted before the prosecution is brought into effect, but otherwise by the court.

(4) The transfer of the entire act may be omitted if the ordinary procedure is to be continued during the notice period of the notice of expression or appeal, and if the application or decision-making process for the auditor is to be made or in the form of an appeal, the parts of the documents necessary for the verification of the property and legal situation or for the purpose of counter-selling are to be attached to the copy. If the fee for an interpreter is registered only in accordance with Section 54 (1) Z 3 of the GebAG, it is sufficient if the institution responsible for the hearing or hearing confirms on the fee application the time for which the interpreter was present.

(5) Legal documents of the Revisors do not have to be accompanied by the signature of a lawyer. "

35. In § 304 (1), the turn-of-the- "court-led" through the turn "generally certified and legally certified" replaced.

36. In § 305 paragraph 1 Z 2 lit. a becomes the turn "Court-led estimator" through the turn "General and court-certified experts" replaced.

37. In § 329 (1), third sentence, the word order is deleted " , in the Higher Regional Court of Vienna from the place of entry " .

38. In § 372 (3), the following sentence shall be inserted after the second sentence:

" However, on original supplements, the name shall be affixed only with a pencil or otherwise in such a way as to allow it to be removed effortlessly again after the inserts have been returned. In addition, any alteration or damage to the documents shall be subject to loss, stitching or stamping and the like. "

39. § 379 shall be amended as follows:

(a) In paragraph 2, the second sentence reads:

"In inputs and protocols, the designation of the supplements should be discarded or otherwise indicated, for example by grease pressure."

(b) The following paragraph 3 is added:

" (3) However, on original supplements, the number of business and other names shall be affixed only with a pencil or otherwise in such a way as to allow them to be removed effortlessly again after the inserts have been returned. In addition, any alteration or damage to the documents shall be subject to loss, stitching or stamping and the like. "

40. § 380 shall be amended as follows:

(a) In paragraph 1, the turn shall be: "Trade and Cooperative Register" by the word "Company Book" , the turn " , files on service criminal matters and for Vr and Z files " through the turn "and files on service criminal matters" and the turn "A-, P-, Nc-and U-things" through the turn "A-, P-and N-stuff" replaced.

(b) In paragraph 2, the turn shall be deleted "in the simplified procedure" .

41. § 418 together with headline reads:

" Juvenile Justice

§ 418. In the case of communications from the Public Prosecutor's Office or the Criminal Court from the initiation of the criminal proceedings against the young person and from the decision in the case itself, the parish court has to apply an act via a person's order, it is because that they can be taken to such an existing one. "

42. According to the title of the 12. The following section 480a together with the heading is inserted:

" General

§ 480a. The provisions of this Regulation shall apply to the formation and management of the registers and files in criminal proceedings only in so far as the Regulation of the Federal Minister of Justice of 16 June 1986 on the implementation of the Public Prosecutor's Law (DV-StAG), BGBl. No 338/1986, no derogation is to be made. '

43. § 481 (1) reads:

"(1) Criminal proceedings brought before the District Courts shall be entered in the U-Register."

44. § 482 shall be amended as follows:

(a) The heading is:

" Register of the Regional Courts in Procedure 1. Instance "

(b) Paragraph 1 is deleted.

(c) para. 2 reads:

" (2) The HR register shall be carried out in the business department of the individual judges of the regional court responsible for the investigative procedure (section 31 para. 1 StPO). An investigative act (§ 34c StAG, § 8 DV-StAG) must be recorded in the HR register as soon as the act is first submitted to the court in the investigation procedure. "

(d) para. 3 reads:

" (3) The Hv-Register shall be held in the business departments of the chairpersons and the individual judges of the regional court as jury-and-Schöffengericht. The Hv Register of the Chairperson shall include the criminal cases in which an indictup is present, the Hv Register of the individual judge, the criminal cases in which a criminal complaint has been brought; in the same way, criminal matters shall be entered; in which the decision is to be taken by means of an investment law in an independent procedure (§ 445 StPO). "

45. § 483.

46. § 485 shall be amended as follows:

(a) In paragraph 1, the turn shall be: "Ur" through the turn "HR" replaces and disposes of the turns "Z," and "in the column for that purpose, in the Z-register in the Remarkable column," .

(b) In paragraph 1 (1), the citation shall be "§ § 108 or 190 ff, 213 or 227 StPO." by quoting "§ § 108 or 190 ff StPO" replaced.

(c) In paragraph 1 (5), the citation shall be "§ § 412, 422, 452 Z 2 StPO." by quoting "§ 197 StPO" replaced.

(d) Section 1 (6) reads:

" 6.

the separation of a part of the proceedings, but only if a separate act is created for the separate case (§ 498), if it is therefore reregistered in the register, for example "b separately, see 3 U 312 /01v". If the separate matter is immediately assigned to another court, or is terminated or terminated, the division is not the separation, but only this assignment or termination or refraction, for example " to b § 197 StPO "."

(e) (2).

47. § 486 and the title are deleted.

48. § 487 (1) deleted.

49. § 488 with title reads:

" Special provisions for the HR register

(1) In the course of the investigation proceedings, judicial proceedings in accordance with the St-Number of the prosecuting prosecutor's office are to be uncovered under a number in the HR register.

(2) If an act of inquiry (Section 34c StAG) is sent to the public prosecutor's office after all outstanding requests have been made, it shall be removed from the register. In the case of applications for the imposition or continuation of pre-trial detention, the act must first be removed after the accused has been admitted to the judicial institution if the accused person has been released or indicted. If the investigating act is subsequently submitted to the court again at a later date, it will be continued under the same number.

(3) If a Public Prosecutor's investigation, which is already recorded in the HR register, is separated (§ 27 StPO), a separate HR case shall be applied for each St, UT or BAZ case, provided that open applications to the separate proceedings are submitted to the The court or the accused shall be held in custody in separate proceedings. If the separate proceedings are not resigned to any other public prosecutor's office or the same If the public prosecutor's office is involved in a different procedure, which is already covered by the HR register, the same business division of the court which was responsible for the original investigation procedure remains responsible for the new procedure. "

50. § 489 Z 5 reads:

" 5.

In addition to the cases of § 485, the transfer to the Hv register of another department, the declaration of insufficiency in accordance with § § 261, 450, 485 para. 1 Z 1 StPO, the cessation of the Procedure pursuant to § 191 (2) or § 451 (2) of the StPO, the rejection of a criminal order in the proceedings before the judge of the regional court in accordance with § 485 para. 1 Z 2 and 3 StPO. "

51. § 498 together with the title is:

" Separation of main proceedings

§ 498. (1) If, in respect of individual defendants or in respect of individual acts (accusations), a main procedure is separated but not immediately dealt with by assignment to another court, cessation or refraction (Section 485 (1) (6)), the to end separate proceedings in the General Court's business division so far, unless it is to be carried out in accordance with a type of procedure which does not belong to the sphere of activity of that division. Where a court has specialist departments for criminal matters of a particular nature (financial criminal cases and the like), the division of business may, in the case of separation, be subject to derogations from the charge of such matters to the specialist department. shall be taken.

(2) If a new act is to be laid down after the separation of the procedures, it is apparent from Section 8a (9) of the German Data Processing Act (DV-StAG). "

52. § 499 (2) deleted.

53. § 501 is amended as follows:

(a) In paragraph 1, the sales designation "(1)" and the turn " , furthermore, in the case of district courts, requests for individual surveys in matters which are not registered or have already passed in the Z register, as well as extradition requests from foreign authorities ".

(b) (2) to (4).

54. § 503 is amended as follows:

(a) In paragraph 1, the phrases shall be deleted "Z, Vr" and "to be carried out in accordance with GeoForm No. 109" .

(b) In paragraph 2, the turn shall be: "the Court of Justice" by "the recognizing court" and the quote "§ § 74a and 238 StPO." by quoting "§ § 45, 46 StPO" replaced.

(c) paragraph 3 reads:

"(3) In the case of the Higher Regional Courts, the Ns register shall be entered in particular: Delegations and rejections."

(55) § 507 is amended as follows:

(a) para. 1 reads:

"(1) For the formation of the files in criminal matters, the provisions relating to the formation of the investigative act in accordance with § § 8a and 15a DV-StAG shall apply mutatis mutudly."

(b) para. 2 reads:

" (2) The court has to carry out in the investigation proceedings all permits, decisions and other orders in the investigative act (§ 34c StAG, § 8a DV-StAG). It is necessary to make an urgent procedure (e.g. B. Call for an arrest trial) and if the investigative act is not available, the order can be made in the act of investigation (§ 507a). In this case, however, the measures taken must be immediately apparent in the order and approval certificate (§ 15a DV-StAG) of the investigating act, and all the original documents are to be taken into the act of investigation. "

(c) The following paragraph 2a is inserted after paragraph 2:

" (2a) With the filing of the prosecution or the criminal prosecution at the Regional Court, the act of inquiry conducted by the Public Prosecutor's Office as a Hv Act, with the introduction of the criminal proceedings in the District Court, is continued as an act of U. On the other hand, the act of handling in the investigative procedure (§ 507a) will not be continued from this point in time, but will be filed. If a private accusation is made, the Hv-or U-Act in the sense of paragraph 1 by the court. "

(d) (3) to (6).

56. According to § 507 the following § 507a is inserted:

" The Handact in the Investigation Procedure

§ 507a. (1) If, for the first time, the Regional Court is seized in the preliminary investigation procedure, a handheld act according to geoform. 80 and 81 shall be established and carried out by this court. The act of act is a business officer of the regional court, which is not to be submitted to the Public Prosecutor's Office or to the Court of Appeal. If the individual judge is presented by the business department of the investigative act, it must always be presented together with the corresponding act of the act.

(2) The file cover of the hand-held office is on the front side

1.

with the file number of the Court of First Instance (HR-Number) and the Public Prosecutor's Office and the name of the accused person;

2.

in cases of liability with the word "detention" in red colour; in addition, in the columns provided for this purpose, the date of arrest, the beginning, the continuation and the end of the pre-trial detention shall be entered under the guidance of the exact date. and shall always update; after the end of detention, the words "detention" shall be deleted;

3.

to identify young people with "J" and "JE" in young adults.

(3) On the remaining pages of the handheld, if necessary using the supplementary sheets GeoForm. 81, in chronological order each submission of the investigating act to the court as well as any other dispositions (calendar, Notice of notice, file number, etc.). For this purpose, the current ordinal number (OZ), the date of the submission, in urgent words, is the reason for the presentation (e.g. B. "approval of the order of arrest") and the decision taken, or Experience (e.g. B. "Order of arrest approved; deadline: 1.1.2012" or "Application for authorization of arrest") as well as the date of the return to the Public Prosecutor's Office. The ordinal number serves to record the entries and does not correspond to the order numbers of the investigative act. A reproduction of the justification of an application or of a decision taken in the act of action is not required.

(4) Any decision on the imposition and continuation of pre-trial detention shall be taken together with the end of the period of detention and the detention grounds (e.g. B. " § 173 para. 2 Z 1, 2 and 3 lit. b StPO "), in the case of multiple defenders for each individual, to be noted.

(5) As far as this is done by the individual judge, it is possible to include in the act of act the details of reports, business pieces and other file components of the investigative act. Applications and decisions on the imposition, cancellation or continuation of pre-trial detention shall, in any case, be taken as an obligation to act.

(6) A designation of the business pieces referred to in paragraph 5 with order numbers, a numbering of the pages, the creation of a file overview or of folders (§ 8a para. 7 DV-StAG) has to be prevented, insofar as it is not in the individual case of the individual judge is available. "

§ 508 is as follows:

" Application and disposal sheets

§ 508. From the date referred to in § 507 (2a), the order and approval certificate (§ 15a DV-StAG; AB-Bogen-StPOForm) shall be the date of the application. StA 7) of the investigative act as an application and disposal sheet, and on the first page as such ("AV-Bogen") shall be identified. In the case of a private charge, such an arc shall be applied by the court under the appropriate application of § 15a DV-StAG. The rules relating to the application and approval certificates shall also apply to the application and disposal sheets. "

58. In § 511 (1) the turn-of-the-turn " , insofar as they are not to be dealt with in accordance with § 15 StPO and to be entered in the Bs register, " .

59. § 549 is amended as follows:

(a) Paragraph 1 is repealed.

(b) the last sentence of paragraph 2 is deleted.

(c) paragraph 4 is repealed.

60. § 550 and title shall be repealed.

61. § 551 is amended as follows:

(a) In paragraph 1, the word "Enforcer" by the word "Court enforcer" replaced and the sentence "In the handing over of the act, the order shall be to carry out all the acts necessary for the implementation of the decision in the powers of the enforcer (enforcement order)." repealed.

(b) para. 2 and 3 are repealed.

(c) In paragraph 4, the half-sentence shall "but only the first-mentioned cases are entered under new postal numbers in the law-enforcement book" repealed.

(d) paragraphs 5 and 6 shall be repealed.

62. § 552 together with the title is repealed.

63. § 553 is repealed.

§ 556 is amended as follows:

(a) In paragraphs 1 and 2, the word shall be: "Enforcer" in each case by the word "Baili-enforcator" replaced.

(b) In paragraph 3, the word order shall be "the Austrian Postsparkassenamt" through the phrase "the Österreichische Postsparkasse AG" replaced.

65. § 557 and title shall be repealed.

66. § 558 with title is repealed.

67. § 559 and title shall be repealed.

68. § 561 and title shall be repealed.

69. § 562 (1) and (2) are repealed.

70. § 563 is amended as follows:

(a) Paragraph 1 is repealed.

(b) In paragraph 3, the part "and 2" the reference shall be repealed; the word "Enforcer" is given by the word "Baili-enforcator" is replaced and the last sentence is deleted.

(c) In paragraph 5, the word "Enforcer" in each case by the word "Baili-enforcator" replaced.

71. In Section 565 (3), the word "Enforcer" by the word "Baili-enforcator" and the phrase "Enforcement Department (Business Department of the Executive Committee)" through the phrase "Business Department of the Executive Magicist" replaced.

72. In § 567 (6) the word "Enforcer" by the word "Baili-enforcator" replaced.

73. § 568 is amended as follows:

(a) In paragraph 1, the citation shall be "§ 83 AbgEO." by quoting "§ 2 AbgEO" replaced.

(b) In paragraph 3, the expression "(no map)" and "(to insert a referral card)" repealed.

(c) In paragraph 9, the word "Enforcer" by the word "Baili-enforcator" replaced.

74. § 569 is amended as follows:

(a) In paragraph 1, the word order shall be " , if you do not want to log on to your login first " and the word "Enforcer" by the word "Baili-enforcator" replaced.

(b) In paragraph 2, the word "Enforcer" by the word "Court enforcer" replaced.

(75) § 570 is amended as follows:

(a) In paragraph 1, the word order shall be "only after the first advance for the costs of the detention order has been reached" and the word "Enforcer" by the word "Baili-enforcator" replaced.

(b) Paragraph 2 is repealed.

76. In § 588, the quote "§ 41" through the citation "§ 61" replaced.

§ 589 shall be amended as follows:

(a) In paragraph 1, the quote shall be: "§ 48 Z 2 and 3 StPO." by quoting "§ 72 para. 3 StPO" and the turn "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced.

(b) In paragraph 2, the quote shall be: "§ 48 StPO." by quoting "§ 72 StPO" , the turn "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced.

(78) § 590 is amended as follows:

(a) In paragraph 1, the text of the text shall be "(§ § 62, 63 StPO.)" by the citing quote "(§ 39 StPO)" replaced.

(b) In paragraph 2, the turn shall be: "the Chief Public Prosecutor" through the turn "the Chief Prosecutor's Office" and the turn "the Chief Public Prosecutor" through the turn "the Chief Prosecutor's Office" as well as the quote "§ 63 StPO." by quoting "§ 39 paragraph 1 StPO" replaced.

(c) In paragraph 3, the turn shall be " the Court of Justice II. Instance " through the turn "the Higher Regional Court" and the turn "the public prosecutor" through the turn "the Public Prosecutor's Office" and the word "that" by the word "those" replaced.

79. § 591 (2).

80. § 592 with headline is deleted.

81. § 593 is amended as follows:

(a) In paragraph 1, the word "Investigating Judge" through the turn "Judge or Chairperson" and the word "victim" by the word "victim" replaced.

(b) (3) reads:

" (3) In the case of the first judicial hearing of an accused person, insofar as they have not already been placed in the course of a hearing by the Criminal Investigation Department or the Public Prosecutor's Office, all of them are always pre-printed in the official forms. To ask questions about the personal circumstances in the intended order and to log his answers. If the accused subsequently disclaims any information about his or her personal circumstances or if the incorrectness of individual information is subsequently ascertained, this is on the first protocol, which is the complete answer to the general questions. , to indicate the number of pages in the file, according to which the previous information is to be corrected. "

(c) In paragraph 4, the turn shall be: "judicial protocol and in the district court proceedings also by a referral to the ad" by the word "History" replaced.

(82) § 609 is amended as follows:

(a) In paragraph 1, the wording of the text shall not "(§ 98 para. 2 StPO.)" .

(b) In paragraph 2, before the word "seized" the twist "Safer and" inserted.

(83) In § 610 (2), the word "Court of Justice" by the word "Court" replaced.

84. In § 611, para. 2, the parenthesis shall be "(§ 118 StPO.)" by the citing quote "(§ 125 Z 1 StPO)" replaced.

Article 613 (2) reads as follows:

" (2) If a U-matter is to be continued at the Regional Court, it shall also have to dispose of the evidence; however, the District Court has at its disposal the Regional Court for the items of evidence which are not transmitted with the Act, to and, if necessary, to operate it. "

86. In § 619 (2), the turn "the court is not seized of the criminal matter" through the turn "not the prosecution has been brought." replaced.

Article II

entry into force

This Regulation shall enter into force 1. Jänner 2009 in force.

Berger