17. Federal Law, with which the Wehrgesetz 2001, the Army disciplinary law 2002, the Army Fee Act 2001 and the Military Labelling Act 2002 will be amended

The National Council has decided:

Article 1

Amendment of the Wehrgesetz 2001

The Wehrgesetz 2001, BGBl. I n ° 146, as last amended by the Federal Law BGBl. I n ° 116/2006, is amended as follows:

1. § 10 reads:

" § 10. (1) All Austrian citizens of the male sex, who are the 17. Year of life completed and 50 years old. They have not yet completed their life year, they are subject to a military service. For officers, sub-officers and special forces for a function considered in the mission organization, in particular in the fields of technology, the medical system, the pastoral service and the foreign languages, the compulsory military service ends with Expiry of the year in which they are the 65. Full year of life.

(2) By way of derogation from paragraph 1, conscription shall end for persons belonging to the Federal Army on the basis of a service relationship, with the termination of the service or termination of the service, provided that such termination or termination of the service contract is Termination shall take place at a later date later than at the times referred to in paragraph 1. "

2. The following sentence shall be added to section 38b (2):

"If a convocation of both the basic service and the training service is legally effective for the same day, the training service shall, in any case, be deemed to be in the case of other immediate ineffectiveness of this convening."

3. The following sentence shall be added to Article 45 (2):

"An earlier use shall be possible in accordance with service requirements."

4. In § 60, the following para. 2e and 2f shall be inserted after paragraph 2d:

" (2e) The table of contents concerning § § 4 and 32a, § 4 including the title, § 14 para. 3, § 21 para. 3, § 30 para. 1, § 31 para. 2, § 32a and the title, § 39 para. 1, § 41 para. 8, § 45 para. 2, § 61 para. 31 and § 66, respectively in the version of the Federal Law BGBl. I n ° 116/2006, entered into force on 25 July 2006.

(2f) § 10, § 38b (2), § 45 (2), § 61 (32) and § 64 (1), in the version of the Federal Law BGBl. I n ° 17/2008, with 1. Jänner 2008 in force. "

(5) The following paragraph 32 is added to § 61:

" (32) Die according to § 64 in the before the entry into force of the Federal Law BGBl. In the version of the BGBl version of Article 64 (1) of Regulation (EC) No 17/2008, the elected representatives of the soldiers have been elected within three months of the entry into force of Section 64 I n ° 17/2008 from the circle of two representatives of the soldiers and their replacement men for the remainder of the three-year period in accordance with Section 64 (2) of the first sentence. For the rest in accordance with § 64 in the until the entry into force of the BGBl. I n ° 17/2008, the elected representatives of the soldiers and the substitute men shall be replaced by the function of a soldier and substitute man with the presentation of this election result. "

6. § 64 (1) first sentence reads:

"By way of derogation from § 44 (1), time soldiers with a commitment period of at least one year shall choose from their circle two soldiers ' representatives and their replacement men."

Article 2

Amendment of the Military disciplinary law 2002

The Army disciplinary law of 2002, BGBl. I n ° 167, as last amended by the Federal Law BGBl. I n ° 116/2006, is amended as follows:

1. § 3 (4) Z 4 reads:

" 4.		for the period between the disciplinary action of the criminal complaint and the entry into force of the criminal complaint
a)			the communication from the Public Prosecutor's Office on the termination of the investigation or its termination after the 11. The main part of the Criminal Procedure Code in 1975 (StPO), BGBl. N ° 631, or
b)			the communication on the cessation of the criminal proceedings pending before the Court of First Instance
		in the case of the disciplinary board or "

2. § 5 (3) reads:

" (3) If the disciplinary authority has filed a criminal complaint or if it is otherwise aware of a pending criminal case, a disciplinary procedure shall be suspended until the date of the investigation.

1.		the communication from the Public Prosecutor's Office on the termination of the investigation or its termination after the 11. the main part of the Code of Criminal Procedure in 1975 was reached by the Disciplinary Board, or
2.		the criminal procedure has been finalised. "

3. § 33 (1) reads:

" (1) From the obligation to tesp to the testimony, all or part of it shall be exempt from its request.

1.		the relatives and contentions of the accused persons in the ascending and descending line,
2.		whose brothers and sisters, who are even more closely related to them, or who are in the same degree,
3.		whose spouses or life risks,
4.		their choice and foster parents,
5.		their choice-and foster-children, and
6.		their guardians and their caregions. "

4. § 34 (5) reads:

"(5) The powers of publication in accordance with paragraphs 3 and 4 shall, after the death of the persons concerned, also apply to their spouses and relatives in the ascending and descending line."

Section 36 (3) reads as follows:

" (3) After the death of persons against whom disciplinary proceedings have been initiated or have been finally concluded, their spouses and relatives shall also be allowed to resume proceedings or re-establish them in the ascending and descending line. request the previous stand. "

6. In Section 43 (2), in Z 4, the word "Guards" by the words "Military organs in guard duty" replaced.

7. § 85 (8) reads:

" (8) After the death of the punished, provided that the disciplinary penalty has been imposed on the inability to carry or degrade, their spouses and relatives in the ascending and descending line may apply for a review as provided for in paragraph 5. The provisions of paragraphs 5 to 7 shall apply with the following measures:

1.		A review shall be admissible only if the offences have passed away during or at the latest three months after the end of the operation.
2.		The period of introduction shall end six months after the death of the punished authorities.
3.		There is no right to compensation under the Criminal Law Compensation Act. "

(8) The following paragraph 12 is added to § 85:

"(12) § 25 (1) (1) (1) on the connection of disciplinary proceedings shall not apply if otherwise proceedings relating to breaches of duty during an operation would be connected with such outside an operation."

Article 86 (1) reads as follows:

" (1) To be applied to persons who provide training service

1.		during the first six months of the training service, the provisions applicable to soldiers in the basic service, with the proviso that the monthly premium shall be used as the basis for the payment of the fine and the replacement penalty in place of the basic remuneration. , and
2.		as from the beginning of the seventh month of the training service, the provisions applicable to temporary soldiers. "

10. In § 92, the following paragraph 6a is inserted after paragraph 6:

" (6a) § 3 (4), § 5 (3), § 33 (1), § 34 (5), § 36 (3), § 43 (2), § 85 (8) and (12) and § 86 (1), respectively, as amended by the Federal Law BGBl. I n ° 17/2008, with 1. Jänner 2008 in force. "

Article 3

Amendment of the Army Fee Act 2001

The Army Fee Act 2001, BGBl. I n ° 31, as last amended by the Federal Law BGBl. I n ° 116/2006, is amended as follows:

1. § 5 (2) reads:

"(2) To successfully complete a preparatory military training during the basic service or during the training service, they shall be entitled to a one-off bonus in the amount of 19.74 vH of the reference value."

(2) The following paragraph 4 is added to § 17:

" (4) Beneficiaries who have been refunded against the complaint on account of the suspiciance of a criminal offence committed in the performance of the service shall be shown to have created their appropriate legal defence against them. to replace the necessary costs on their application up to the level of the threefold reference rate if:

1.		After notification by the Public Prosecutor's Office, the investigation procedure is closed or after the 11. The main part of the Criminal Procedure Code in 1975 (StPO), BGBl. N ° 631,
2.		of the beneficiaries acquitted
"

3. In the last sentence of § 36 (2), the words shall be: "the small amount" by the words "25vH of small amount" replaced.

4. In the last sentence of § 41 (2), the words "the small amount" by the words "25vH of small amount" replaced.

5. In § 60, the following subsections 2h and 2 i are inserted after paragraph 2g:

" (2h) § 24 (4) and § 40 (2), in the version of the Federal Law BGBl. I n ° 116/2006, entered into force on 25 July 2006.

(2i) § 5 para. 2, § 17 para. 4, § 36 para. 2, § 41 para. 2 and § 61 paragraph 16, in each case in the version of the Federal Law BGBl. I n ° 17/2008, with 1. Jänner 2008 in force. "

6. In § 61, the following subsection (16) is inserted:

" (16) On conscripts that are before the 1. By 31 December 2007, until 31 December 2007, until the end of this service, the provisions in force in the case of cadre exercises until 31 December 2007 have been convened for a cadre exercise with a date of release after 31 December 2007. shall apply. "

Article 4

Amendment of the Military Labelling Act 2002

The Military Designation Act 2002, BGBl. I n ° 168, as last amended by the Federal Law BGBl. I n ° 116/2006, is amended as follows:

(1) The following paragraphs 3 and 4 are added to § 8:

" (3) If later facts are known which would be contrary to a presentation or if the belived person subsequently assumes a behaviour which would be contrary to a presentation, then the military merit sign shall be discerned.

(4) The deprivation of the military service shall be the responsibility of the Federal President on a proposal from the Federal Government. "

2. In § 8c, the previous text is given the sales designation (1) and the following paragraphs 2 and 3 are added:

" (2) If later facts are known which would be contrary to a presentation or if the belived person subsequently assumes a behavior which would be contrary to a presentation, then the military recognition medal is to be recognized.

(3) The deprivation of the military recognition medal is the responsibility of the Federal Minister for National Defense "

3. In § 11 (2) and (3), the citation shall be " 1 Z 11 to 13 " in each case by the citation " 1 Z 11 to 14 " replaced.

4. In § 18, the following subsections 4a and 4b are inserted:

" (4a) § 1, § 2, the title of the 2a. Section, § § 8a to 8c, the title of the 3a. Section, § § 14a to 14c, § 15 as well as § 16 para. 9, in each case in the version of the Federal Law BGBl. I n ° 116/2006, entered into force on 25 July 2006.

(4b) § 8 (3) and (4), § 8c as well as § 11 (2) and (3), in the version of the Federal Law BGBl. I n ° 17/2008, with 1. Jänner 2008 in force. "

Fischer

Gusenbauer