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Code Of Criminal Procedure Reform Support Ii

Original Language Title: Strafprozessreformbegleitgesetz II

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112. Federal Law, with which the extradition and legal aid law, the federal law on judicial cooperation with the member states of the European Union, the media law, the association law of the association, the military criminal law, the Pornography Law, the Criminal Records Act, the Eradication Act, the Federal Law on the Administrative Assistance of Social Security Institutions for the Security Authorities, the Social Security Act, the Public Prosecutor's Law, the OGH Act, the Law on Law, the jury and the Schöffengesetz, the law Food Safety and Consumer Protection Act, the Medical Act 1998, the Pharmacerkammergesetz, the Medicines Act, the Health and Nutrition Security Act, the Dental Health Act, the Dental Protection Act and the Wine Act amended (Criminal Procedure Reform accompanying Act II)

The National Council has decided:

table of contents

Item

Subject matter

I

Amendment of the extradition and legal assistance act

II

Amendment of the Federal Act on Judicial Cooperation with the Member States of the European Union

III

Amendment of the Media Law

IV

Amendment of the law on the responsibility of the association

V

Amendment of the Military Criminal Law

VI

Amendment of the Pornography Act

VII

Amendment of the Criminal Records Act

VIII

Amendment of the Tilgungsgesetz

IX Amendment of the Federal Law on Administrative Assistance of the

Social insurance institutions for the security authorities

X

Amendment of the Social Security Act

XI

Amendment of the Public Prosecutor's Act

XII

Amendment of the OGH Act

XIII

Amendment of the Act on Legal Practice

XIV

Amendment of the jury and the Schöffengesetz

XV

Amendment of the Food Safety and Consumer Protection Act

XVI Amendment of the Medical Law 1998

XVII

Amendment of the Pharmacerkammergesetz

XVIII

Amendment of the Medicines Act

XIX

Amendment of the Health and Food Safety Act

XX

Amendment of the Dentist Act

XXI

Amendment of the Dentist Protection Act

XXII

Amendment of the Wine Law

XXIII

entry into force

XXIV

Transitional provision

Article I

Amendment of the extradition and legal aid law-ARHG

The extradition and legal aid law, BGBl. No 529/1979, as last amended by the Federal Law BGBl. N ° 164/2004, shall be amended as follows:

(1) § 9 is amended as follows:

(a) In paragraph 1, the turn shall be: "Criminal Procedure 1975" through the turn " Criminal Procedure Code 1975, BGBl. No. 631/1975 (StPO) " replaced.

(b) In paragraph 2, the quote shall be: § § 46 to 50, 100 and 381 to 392 as well as section 393 (3) last sentence of the Criminal Procedure Code 1975 " by quoting "§ § 64, 71 to 73 and 381 to 392 StPO" and the quote "§ 45 (2) to (4)" through the turn "§ § 51 to 53 and § 59 para. 2 StPO" as well as the turn "the notification of the indictof the indictup" by "the application of the indictup" replaced.

(c) In paragraph 3, the turn shall be: "Prosecution of a punishable act can look away from the prosecutor" through the turn "Prosecution of a criminal offence may disregard the Public Prosecutor's Office and cease the investigative procedure in this regard" replaced.

(d) In paragraph 4, the turn shall be "the prosecutor replete from the prosecution of the criminal offence on which the foreign conviction is based" by the turn of the prosecutor's office from the prosecution of the offence to which the foreign conviction is based. and the investigation procedure to that extent " replaced.

2. The heading of § 26 reads:

"Sachliche und topical competence"

§ 26 reads as follows:

" § 26. (1) The Public Prosecutor's Office shall carry out the extradition procedure in accordance with the provisions of the first paragraph. and 2. part of the StPO. The public prosecutor's office is responsible for the local public prosecutor's office, where the person concerned has his residence or residence; the public prosecutor's office is in charge of the place where the person has been entered in the sprint. If the person concerned is in legal custody, the place of detention shall be decisive. If, according to these provisions, there is no jurisdiction of a particular public prosecutor's office, the prosecutor's office in Vienna is responsible.

(2) In the extradition proceedings, court decisions are made by the judge of the Regional Court (Section 31 (1) of the StPO), which is the seat of the Public Prosecutor's Office, which carries out the extradition procedure.

(3) The provisions of paragraphs 1 and 2 shall also apply to the conclusion of objects in connection with extradition (material delivery). The public prosecutor's office is responsible for examining a separate request for material delivery. The object to be delivered shall be located in the sprinkler's rule. "

4. Section 27 shall be amended as follows:

(a) In the first sentence of paragraph 1, the turn shall be "from the court" through the turn "From the Public Prosecutor's Office" and the second sentence is replaced by the following sentence:

" If these conditions are met, the Public Prosecutor's Office will be in the 9. To order the main part of the StPO, or if necessary, the arrest of the requested person. "

(b) In paragraph 2, the turn shall be: "the court" through the turn "the Public Prosecutor's Office" and the final half-sentence shall be replaced by the following half-sentence:

"which do not require a public announcement (§ 169 (1) second sentence of the StPO)."

5. § 28 is amended as follows:

(a) In paragraph 1, the turn shall be: "the Public Prosecutor" through the turn "the Public Prosecutor's Office," the second sentence by the sentence "If this is the case, the prosecutor's office has to request the interrogation of the person concerned and the reporting to the Federal Minister for Justice by the court." in the fourth sentence after the citation "§ § 2 and 3 (1)" the half-sentence ", in particular because the person concerned is entitled to protection under international law" , inserted. "

(b) In paragraph 2, the turn shall be: "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced.

6. § 29 is amended as follows:

(a) In paragraph 1, after the turn of the 'may only be imposed' the twist "or continued" inserted.

(b) In the second sentence, the turn shall be made in the second sentence "The investigating judge" through the turn "The Public Prosecutor's Office" and in the third sentence, the word "Investigating Judge" by the word "Court" replaced.

(c) In paragraph 4, the turn shall be: "compulsory defender (Section 42 (2) of the Criminal Procedure Code 1975)" through the turn "Defender (§ 61 paragraph 1 Z 1 StPO)" , the second sentence is replaced and the fourth sentence is replaced by the following sentence:

"§ 61 (2) to (4) and § 62 of the StPO are to be applied in a reasonable way."

(d) In paragraph 5, the turn shall be "the investigating judge" through the turn "the court" replaced.

7. In § 30, the turn "the competent Court of First Instance" through the turn "directly to the competent public prosecutor's office, with simultaneous information to the Chief Public Prosecutor" replaced.

8. § 31 is amended as follows:

(a) In paragraph 1, the turn shall be: "The investigating judge" or "the investigating judge" through the turn "The Court" or "the court" replaced.

b) In paragraph 2, in the first sentence, the turn "the Public Prosecutor" through the turn "the Public Prosecutor's Office," in the first, third and fourth sentences, the turn "the investigating judge" in each case by the turn "the court" and in the fourth sentence, the turn "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced .

(c) In paragraph 3, the first sentence shall be deleted and the text of the statement shall be "(Section 41 (1) of the Criminal Procedure Code 1975)" by the citing quote "(Section 61 (1) of the StPO)" and the quote "§ 179a of the Code of Criminal Procedure 1975)" by quoting " § 172 StPO " replaced.

(d) In paragraph 4, the citation shall be "The Code of Criminal Procedure 1975" by quoting "StPO" and the word "Investigating Judge" by the word "Single Judge" replaced.

(e) In paragraph 5, the word "Investigating Judge" by the word "Single Judge" replaced.

(f) (6) reads:

" (6) If, in the event of an oral announcement of the decision, the person concerned or the public prosecutor's office is notified of a complaint within three days, the appellant may, within fourteen days of the date of delivery of the written copy, be sent to the person concerned. in more detail. The appeal shall have suspensive effect. The provisions relating to the proceedings before the Court of Appeal (§ 89 StPO) apply with the proviso that the Oberlandesgericht (Oberlandesgericht) on the appeal in a public oral proceedings under the appropriate application of § 294 (5) of the StPO unless it is rejected as inadmissible pursuant to Section 89 (2), first sentence, of the StPO. The Oberlandesgericht (Oberlandesgericht) has to submit its decision by following the files to the Federal Ministry of Justice. "

(g) In paragraph 7, the turn shall be: "the investigating judge" through the turn "the court" replaced.

(9) § 32 is amended as follows:

(a) In paragraph 1, the quote shall be: Section 181 (2) (1) (1) of the Criminal Procedure Code (1975) " by "§ 175 para. 2 Z 1 StPO" replaced.

(b) In paragraph 2, the turn shall be: "The investigating judge" through the turn "The Court" replaced.

(c) In paragraph 4, the turn shall be: "the investigating judge" through the turn "the court" replaced.

Section 34 (4) reads as follows:

(4) The Federal Minister of Justice has the authorization or rejection of the extradition to the requesting State and the court, in the case of a complaint pursuant to § 31 (6) also to the Oberlandesgericht (Oberlandesgericht). If there is reason for a postponing according to § 37, he shall proceed in the same way. The notification of the person concerned and of their defender shall be made by the court. "

§ 35 shall be amended as follows:

(a) In paragraph 1, the turn shall be: "a judicial arrest warrant" through the turn "a judicial decision on arrest".

(b) In paragraph 2, the turn shall be: "the investigating judge or the Court of Justice of the second instance" through the turn "the Public Prosecutor's Office, the Regional Court or the Higher Regional Court" replaced.

Article 36 (1) reads as follows:

" (1) The court has to arrange for the execution of the extradition. If the person to be extradited is at liberty, the court must order the arrest at the request of the public prosecutor's office, provided that the execution of the extradition is not otherwise guaranteed. The transfer of the person to be extradited to the relevant border crossing or to the otherwise agreed transfer location shall be effected by means of judicial officers. Personal items which have been stored are also to be handed over if the person to be delivered does not have any other means of delivery. "

13. § 37 reads:

" § 37. The Court of First Instance shall, at the request of the person concerned or the public prosecutor's office or office, postpone the surrender if:

1.

the person to be delivered is not transportable, or

2.

against the person to be delivered Criminal proceedings are conducted with the Public Prosecutor's Office or the Court of First Instance , who is in custody of the financial authorities or has to execute a sentence of imprisonment or preventive measure imposed on it. If, however, the prosecution or enforcement is not subject to extradition (§ 192 para. 1 Z 2 StPO; § § 4 and 157 StVG), the Public Prosecutor's Office shall carry out the surrender without delay. "

14. § 39 reads:

" § 39. The extradition procedure shall be resumed at the request of the person concerned or the public prosecutor's office or on its own account if new facts or evidence emerge which appear to be appropriate and have serious doubts as to the accuracy of the information provided. Decision to effect. The Court of First Instance decides on the resumption (Section 43 (4) of the StPO) in the appropriate application of the provisions of Section 357 (2), second to fifth sentence, and Section 3 of the StPO. The provisions of § § 31, 33 and 34 shall apply to the further procedure following a decision by which the extradition procedure shall be resumed. "

15. In § 40, the turn "the investigating judge" through the turn "the court" replaced.

16. In § 48 (1), the turn-of-the- "a judicial arrest warrant" through the turn "a court decision on the arrest" replaced.

17. In § 49 (3) (2), the quote shall be "Section 34 (2) (2) (2) of the Criminal Procedure Code (1975)" by quoting "§ 192 para. 1 Z 2 StPO" replaced.

18. § 51 (1) Z 3 reads:

" 3.

either the material requirements for the adoption of certain investigative measures after the 8. The main part of the Code of Criminal Procedure does not exist or the performance of legal assistance shall result in the breach of a duty of secrecy which is also to be perceived by the criminal courts in accordance with Austrian law (Section 76 (2) of the StPO). had it. "

19. In § 54 (1), the word shall be used in the entrance "Investigative actions" through the turn "investigative measures or evidence" and in Z 4 the word "Investigation" is replaced by the twist of the investigative measure or the taking of evidence.

20. § 55 shall be amended as follows:

(a) para. 1 reads:

" (1) Without prejudice to the provisions of para. 2 and 3, the public prosecutor's office shall be responsible for the execution of a request for legal assistance, in the case of which the legal assistance shall be carried out. If a cross-border surveillance is requested, the public prosecutor's office is responsible for the crossing of which the border is likely to be crossed; in the case of an observation in an aircraft flying to Austria, the public prosecutor's office shall be responsible for the investigation of the cross-border surveillance. but the public prosecutor's office, where the land of the landing lies. If it is not possible to establish a jurisdiction under these provisions, the Public Prosecutor's Office shall be responsible for Vienna. The provisions of the 7. shall apply to the execution of the request for legal assistance. The main part of the StPO. "

(b) In accordance with paragraph 1, the following paragraph 1a is inserted:

" (1a) Information on a main proceedings and on the execution of a custodial sentence or preventive measure shall be given by the Court of First Instance; the same shall apply to the questioning of persons and to the transfer of files, to the extent that: Domestic proceedings have already been brought in and the issue of mutual legal assistance is related to the domestic procedure. In this case, the realization of the interrogation is the responsibility of the individual judge (§ 31 paragraph 1 Z 1 StPO). "

(c) In paragraph 3, the word "Investigative actions" by the word "investigative measures or evidence" replaced.

21. In § 56 (2), the first sentence reads:

" A request for arrangement and implementation of one in the 1. to 8. Section of the 8. The main piece of the StPO-regulated investigative measure must be accompanied by the copy, certified copy or obligation of the order of the competent authority. "

22. § 58 reads:

" § 58. A request for legal assistance, which requires a procedure deviating from the Austrian criminal procedural law, must be met if this is done with the criminal procedure and its principles, in accordance with the provisions of the first paragraph. The main part of the StPO is compatible. Legal assistance is provided by seizure, information on bank accounts and banking transactions, or one in the 4. or 5. Section of the 8. The main item of the StPO's regular investigative measure is to be limited in time, and the requesting foreign authority shall be notified of it on the basis of the provision. "

23. In § 59 (1) the word "Surveys" by the word "Investigations" is replaced.

(24) § 60 is amended as follows:

(a) In the third sentence of paragraph 1, the turn shall not apply: "the court or" and will turn the turn "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced.

(b) para. 2 reads:

"(2) If the prosecution is to be taken over, but a local jurisdiction cannot be established, the Public Prosecutor's Office shall be responsible for Vienna."

(c) paragraph 3 reads:

"(3) If the Austrian jurisdiction is based solely on an intergovernmental agreement, the Public Prosecutor's Office shall have to hear the person concerned about the conditions for taking over the prosecution."

25. In § 63 (2), the turn-of-the- "Court of First Instance" through the turn "State Courts" is replaced by the last two sentences.

26. In § 66 the Wendung "Court of First Instance" through the turn "Landesgericht" replaced.

27. § 67 (1) reads:

" (1) For requests for enforcement and for the adjustment of the penalty, preventive action or depletion of enrichment, the Landesgericht shall be responsible, in whose sprint the data subject shall have his residence or residence. If, according to these provisions, there is no jurisdiction of a particular regional court, the Regional Court for Criminal Matters shall be responsible for Vienna. The Regional Court (Section 31 (5) of the StPO) is responsible for requests for the execution of a decision on the decay or confiscation, in the course of which the asset or object is located. "

Section 68 (1) reads as follows:

" (1) Should the extradition of a person located abroad be

1.

law enforcement or

2.

Enforcement of a custodial sentence or preventive measure

, the court competent in the domestic proceedings shall, at the request of the public prosecutor's office, forward to the Federal Ministry of Justice the documents necessary for the performance of the extradition. "

29. In § 69 the first sentence reads:

"The competent court may, at the request of the Public Prosecutor's Office, request the competent foreign court, on the intended route, to impose the extradition detention order".

30. § 70 shall be amended as follows:

(a) In paragraph 3, the turn shall be: "the Court of First Instance in the composition referred to in Article 13 (3) of the Criminal Procedure 1975" through the turn "the regional court by a senate of three judges (§ 32 para. 3 StPO)" replaced.

(b) In paragraph 4, the turn shall be "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced.

(c) (5).

(d) In paragraph 6, turn " 1 to 5 " through the turn " 1 to 4 " replaced.

31. In § 73 (1) the word shall be: "Investigative actions" through the turn "investigative measures or evidence" and in paragraph 2, the word "Investigation" through the turn "investigative measure or taking of evidence" replaced.

32. § 74 is amended as follows:

(a) para. 2 reads:

"(2) If the takeover of the prosecution is to be taken up, the Public Prosecutor's Office shall report to the Federal Ministry of Justice, following the necessary documents."

(b) In paragraph 5, the word "Suspect" by the word "accused" replaced.

33. In § 75 the Wendung "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced.

34. In § 76 (9), the turn-of-the- "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced.

Article II

Amendment of the Federal Act on Judicial Cooperation in Criminal Matters with the Member States of the European Union-EU-JZG

The Federal Law on Judicial Cooperation in Criminal Matters with the Member States of the European Union, BGBl. I n ° 36/2004, as last amended by the Federal Law BGBl. I n ° 38/2007, is hereby amended as follows:

1. In § 3 (1) the word shall be: "Judicial" by the word "judicial" replaced.

2. In § 4 (2), the second half sentence of the first sentence is:

" if at least four months have yet to be completed and the underlying act, irrespective of its legal name, also constitutes an act which is threatened with a judicial penalty, even under the law of the executing State. "

3. (Determination of the Constitution) In § 5 (6), the citing quote "(§ § 32 para. 1 ARHG, 181 paragraph 2 Z 1 StPO)" by the citing quote "(§ § 32 paragraph 1 ARHG, 175 para. 2 Z 1 StPO)" replaced.

4. In Section 7 (3), the turn-of-the- " 2 stands " through the turn "§ 6 and para. 2 shall stand" replaced.

5. In the title before § 13 the turn is deleted "of the Court of First Instance" .

6. § 16 shall be amended as follows:

(a) In paragraph 1, the first sentence is:

" The Public Prosecutor's Office shall initiate a surrender procedure if a request for surrender of a Member State is received or, on the basis of certain facts, it is to be assumed that a person is in the national territory against which a European arrest warrant has been issued. , or which has been issued for the purpose of arrest in the Schengen Information System. "

(b) In paragraph 2, the turn shall be: "Provisional custody" by the word "Arrest" and the turn "Pre-trial before the competent investigating judge" by the phrase "delivery to the judicial institution of the competent court" replaced.

7. § 17 is amended as follows:

(a) In paragraph 2, the turn shall be: "the investigating judge" through the turn "the court" replaced .

(c) In paragraph 3, the turn shall be: "The investigating judge" through the turn "The Court" replaced.

8. § 19 shall be amended as follows:

(a) In paragraph 2, the turn shall be: "the investigating judge" through the turn "the court" and the word "he" by the word "it" replaced.

(b) In paragraph 3, the turn shall be: "the investigating judge" through the turn "the court" replaced.

9. § 20 shall be amended as follows:

(a) In paragraph 1, the turn shall be: "The investigating judge" through the turn "The Court" replaced.

(b) In paragraph 2, the word "the investigating judge" by "the court" replaced.

(c) In paragraph 3, the turn shall be: "the Court of First Instance" in each case by the turn "the Higher Regional Court" replaced; the parenthesis "(§ 114 StPO)" No.

(e) In paragraph 4, the turn shall be: "The investigating judge" through the turn "The Court" replaced.

10. § 21 shall be amended as follows:

(a) In the first sentence of paragraph 1, the turn shall be: "The investigating judge" through the turn "The Court" replaced.

(b) In paragraph 2 and in paragraph 4, the turn shall be "the investigating judge" through the turn "the court" replaced.

11. In § 23 (2), the turn-of-the- "the investigating judge" through the turn "the court" replaced.

12. § 24 is amended as follows:

(a) In para. 2 and 3, the turn shall be "the investigating judge" in each case by the turn "the court" replaced.

(b) In paragraph 4, the citation shall be "§ 25 ARHG" by quoting "§ § 25 and 41 ARHG" replaced.

(13) § 25 is amended as follows:

(a) In paragraph 1, the first paragraph of paragraph 1 reads as follows:

'The Court of First Instance shall, at the request of the person concerned or of the public prosecutor ' s office or office, postpone the surrender if:'

(b) (1) (2).

(c) In paragraph 2, the text of the text shall be "(§ 34 paragraph 2 Z 2 StPO, § § 4 and 157 (1) of the Penal Code Act)" by the citing quote "(§ 192 paragraph 1 Z 2 StPO, § § 4 and 157 (1) of the Penal Act)" replaced.

14. § 27 (1) reads:

" (1) The surrender procedure shall be resumed at the request of the person concerned or the public prosecutor's office or on its own account if new facts or evidence emerge which appear to be likely to raise serious doubts as to the accuracy of the Decision to effect. The Court of First Instance decides on the resumption (Section 43 (4) of the StPO) in the appropriate application of the provisions of Section 357 (2), second to fifth sentence, and Section 3 of the StPO. The provisions of § § 19 and 21 shall apply to the further procedure following a decision by which the transfer procedure is resumed. "

15. § 29 is amended as follows:

(a) In paragraph 1, the first sentence is:

" On the basis of a judicial authorisation, the Public Prosecutor's Office shall arrange for the arrest by means of a European arrest warrant and shall, where appropriate, arrange for the invitation to tender of the requested person in the Schengen Information System in accordance with Art. 95 SDU in Routes of competent security authorities where there is reason to initiate a person's detention for arrest in at least one Member State. "

(b) In paragraph 2, the turn shall be: "The court has at the request of the prosecutor's office" through the turn "The prosecution has" replaced.

(c) In paragraph 3, the turn shall be: "the investigating judge" through the turn "the court" replaced.

16. § 31 is amended as follows:

(a) In paragraph 1, the last half-sentence of the first sentence is:

", shall not be prosecuted or convicted or subjected to a preventive measure involving deprivation of liberty, and shall not be surrendered to another Member State on the basis of a further European arrest warrant."

(b) In paragraph 3, the turn shall be: "Judicial to Protocol" through the turn 'in a protocol recorded by the Public Prosecutor's Office or the Court of First Instance' replaced.

(c) paragraph 4 reads:

" (4) There are no exceptions pursuant to paragraph 2 and there is reason to pursue the person concerned on account of his actions or to execute a custodial sentence or a preventive measure related to deprivation of liberty against the person concerned, to which the European arrest warrant does not extend, a new European arrest warrant shall be issued for the purpose of supplementing the European arrest warrant already issued, with an order for the purpose of judicial authorization, which shall be subject to the information provided for in the Annex II shall be subject to the executing judicial authority; a protocol adopted by the Public Prosecutor's Office or the Court of First Instance on the declaration of the person concerned, together with the request for consent. The request may be accompanied by an indication that consent shall be deemed to have been accepted if the executing judicial authority does not transmit a decision or any other response within 30 days of receipt of the request. Section 70 (3) and (4) of the ARHG shall apply mutatily. "

(d) In paragraph 6, in the first sentence, the turn shall be "the investigating judge" through the turn "the court at the request of the public prosecutor's office" and in the second sentence, the turn "the investigating judge" through the turn "the court" replaced .

17. § 43 is amended as follows:

(a) In paragraph 1, the turn shall be: "Court of First Instance" by the word "Landesgericht" replaced.

(b) In paragraph 2, the turn shall be: "Court of First Instance" by the word "State Courts" replaced.

18. § 44 (1) reads:

" (1) The decision on a request for enforcement and for the adjustment of the sentence or preventive measure associated with deprivation of liberty shall be the responsibility of the regional court in which the person concerned is domicated or resident in the course of which the person concerned has his residence or residence, in Lack of one such, the regional court, in whose sprengel it was entered. If it is in court, the place of detention shall be decisive. If a local jurisdiction cannot be determined, the Landesgericht für Criminal Court (Landesgericht) in Vienna is responsible for this. The regional court decides as a Senate of three judges (Section 31 (5) of the StPO) with a decision. "

19. § 46 shall be amended as follows:

(a) In the first sentence of paragraph 1, the turn shall be: "the Court of First Instance" through the turn "the regional court" , the second and third sentences are deleted.

(b) para. 2 reads:

" (2) A request for the execution of a freezing order which requires a procedure deviating from the Austrian criminal procedural law must be met if this is done with the criminal procedure and its principles, in accordance with the provisions of of 1. The main part of the StPO is compatible. "

20. In § 48 (1), the turn-of-the-turn "by means of a refusal order" .

21. In § 50, the turn "the investigating judge" through the turn "the court" replaced.

(22) § 61 is amended as follows:

(a) In paragraph 1, the turn shall be: "the investigating judge at the request of the" by the word "the" and the word "Surveys" by the word "Investigations" Replaces and eliminates the turn "the President of the Court of First Instance and" .

(b) In paragraph 2, the turn shall be: "the investigating judge at the request of the" by the word "the" replaced.

(c) In paragraph 3, the turn shall be "from the investigating judge" through the turn "From the Public Prosecutor's Office" and the turn "criminal proceedings" through the turn "Criminal Procedure" replaced.

(d) Folding Paragraph 5 attached:

"(5) The Public Prosecutor's Office shall report to the Federal Ministry of Justice on the basis of a presentation of the facts on the basis of arrangements for the formation of a joint investigation group in Germany and the result thereof."

23. In § 68 (1), the second sentence reads:

'The Court of First Instance shall, at the request of the Public Prosecutor's Office, issue a decision of this kind.'

(24) § 70 is amended as follows:

(a) para. 1 reads:

"(1) Contact points of the European Judicial Network shall be established in the case of the Public Prosecutor's Office at the seat of the Chief Prosecutor's Office or in the regional courts at the seat of the Oberlandesgericht and the Federal Ministry of Justice."

(b) In paragraph 2, after the word "The" the twist "Oberstaatsanwaltschaften und die" and after the word "Each" the twist "Prosecutors or" inserted.

25. In § 71, the last half-sentence shall be replaced by the following half-sentence:

"to the extent that the Public Prosecutor's Office would be entitled to proceed according to § 99 sec. 4 StPO".

26. § 72 shall be amended as follows:

(a) the following sentences shall be added to paragraph 1:

" If there are no indications regarding the location of the planned border crossing, the prosecutor's office in Vienna is responsible. The criminal police shall immediately notify the competent public prosecutor's office of a planned controlled delivery. "

(b) In paragraph 3 (2) and (4), the citation shall be "§ 25 StPO" by quoting "§ 5 para. 3 StPO" replaced.

27. § 73 shall be amended as follows:

(a) In paragraph 1, the turn shall be: "grant of the Court of Justice of the Court of First Instance, in the latter's" through the turn "the order of the public prosecutor's office, in the" replaced .

(b) In paragraph 2, the turn shall be: "to approve" by the word "To arrange" replaced.

(28) § 74 is amended as follows:

(a) In paragraph 1, the second sentence is:

" The Public Prosecutor's Office has provided this authority with the arrangement of a covert investigation under the provisions of the classified information system, BGBl. II No 256/1998. '

(b) para. 2 reads:

" (2) The covert investigator may only act on the basis of the Austrian laws. He has to uphold the principle of law and proportionality (§ 5 StPO). A "Tatprovokation" (§ 5 para. 3 StPO) is inadmissible. The closer conditions for the use of a covert investigator shall be determined in close cooperation with the applicant authority and shall be included in the order of the public prosecutor's office. They are to be recorded in a report (§ 100 StPO) or an official note (§ 95 StPO), as well as information and communications obtained by the covert investigation. "

(c) In paragraph 3, the text of the text shall be "(§ § 24, 84 para. 3 StPO)" by the citing quote "(§ § 2 para. 1, 78 para. 1 StPO)" and the turn "the approved court" through the turn "the public prosecutor's office" replaced.

(d) (4) reads:

"(4) For foreign covert investigators who are criminal-police bodies (§ 129 Z 2 StPO), the provisions of § § 131 (2) last sentence, para. 4 and 132 StPO apply."

(e) Paragraph 5 is deleted.

29. § 76 shall be amended as follows:

(a) In paragraph 1, the turn shall be: "the investigating judge at the request of the" by the word "the" replaced.

(b) The following paragraph 3 is added:

"(3) On the basis of the results of the participation, the Public Prosecutor's Office shall report to the Federal Ministry of Justice on the basis of a presentation of the facts on which it is based."

30. § 77 is amended as follows:

(a) (8).

(b) The following paragraphs 13 and 14 are added:

" (13) The provisions of Sections 3 (1), 4 (2), 7 (3), 16 (1) and (2), (2) and (3), (3), (2) and (3), (2) and (3), (2) and (4), (2) and (4), (2), (2) and (2), (2) to (4), (2) and (2), (2) and (2), (2) and (2), (2), (2 (1) and (2), (2) and (2), (1) and (2), (1) and (2), (1) and (2), (1) and (2), (1) and (2), (1) and (2), (3) and (3), (1) and (2), (1) and (2), (1) and (2), (1) and (3), (1) and (3), (3) and (3), and the Title before § 13 in the version of the Federal Law, BGBl. I No 112/2007 will be 1. Jänner 2008 in force.

(14) ( Constitutional provision ) § 5 (6) in the version of the Federal Law, BGBl. I No 112/2007 shall enter into force 1. Jänner 2008 in force. "

Article III

Changes to the Media Law

The media law, BGBl. No. 314/1981, as last amended by the Federal Law BGBl. I No 151/2005, shall be amended as follows:

1. In Art. I § 7c para. 1 becomes the turn "Telecommunications" through the turn "of messages within the meaning of § 134 Z 3 StPO" replaced.

2. In Art. 1 (8) (1) the words shall be "Criminal procedure" by the word "Criminal Procedure" replaced.

3. In Art. I § 8a para. 3 becomes the turning point "the Supreme Court" through the turn "the parent court" replaced.

4. Art. I § 10 (1) reads as follows:

' (1) At the request of a person who has been reported in a periodic medium that he is suspected of being a criminal offence or is being prosecuted in the public prosecutor's office or in court proceedings, if:

1.

the public prosecutor's office has been suspended from prosecution of the offence and the investigation has ceased,

2.

the public prosecutor has resigned from the prosecution of the offence,

3.

the court has suspended the main proceedings, or

4.

the defendant has been acquitted,

to publish a communication on the periodic medium free of charge. "

5. Art. I § 10 (3) reads as follows:

" (3) The accuracy of a subsequent communication must be demonstrated by submitting a copy of the decision to be submitted to the proceedings or by means of a special certificate of official authority. At the request of the person concerned, in the cases referred to in paragraph 1 (1) and (2), the Public Prosecutor's Office shall be obliged to issue such an official certificate, otherwise the court. "

6. In Art. I § 14 (3) shall become the word "Accused" by the word "Defendants" and the quote "§ 455 para. 2" through the turn "§ 455 (2) and (3)" replaced.

7. In Art. § 15 (1), (18) (2) and (20) (4), the turn shall be "the Supreme Court" through the turn "the parent court" replaced.

8. Art. I § 23 reads:

" § 23. Who in a medium during a main proceedings after legal validity of the indictment, in proceedings before the individual judge of the regional court or in the district court proceedings after the order of the main trial, before the judgment of the first instance discussed the presumed outcome of the criminal proceedings or the value of evidence in a manner that is likely to influence the outcome of the criminal proceedings, shall be punished by the court with a fine of up to 180 daily rates. "

9. In Art. I § 29 para. 3 becomes the word "accused" in each case by the word "Indicted" replaced.

10. In Art. I § 31 (1) shall be taken before the turn "Procedure in court" the twist "Criminal procedure or otherwise in a" inserted.

11. In Art. I § 31 para. 3 becomes the turn "telecommunications" through the turn "of messages" replaced.

12. In Art. I § 34 para. 2 becomes the word "Injured" by the word "victim" replaced.

13. In Art. I § 34 (6) shall not be used for the expression "(Publisher)" .

14. In Art. I § 36 Paragraph 1 shall not be allowed to speak "criminal court" and shall be made after the word "Procedure" the staple citation "(§ 37)" inserted.

15. In Art. I § 36 (2) shall be the word "initiated" by the word "requested" replaced.

16. In Art. I § 36 para. 4 becomes the turn "the Supreme Court" through the turn "the parent court" replaced.

17. In Art. I § 36a para. 2 becomes the word "criminal court or" through the turn "Criminal Procedure or the" replaced.

18. In Art. I § 38a para. 2 becomes the turning point "the Supreme Court" through the turn "the parent court" replaced.

19. Art. I § 40 (1) reads as follows:

" (1) The Public Prosecutor's Office is responsible for the investigation procedure due to a media content offence, in the course of which the media owner has his residence, his/her stay or his seat. If this information is incorrect in the imprint, then the public prosecutor's office is also responsible for the location of the site, which is located in the imprint of the site. For the main proceedings, for independent proceedings (§ § 8a, 33 (2), 34 (3)) and for proceedings concerning a reply or a subsequent communication (§ § 14 et seq.), these rules of jurisdiction shall apply in accordance with the rules of the court. "

20. In Art. I § 40 (3) shall be taken before the floor "Each" the twist "any prosecutor's office or" and before the word "its" the words "their or" inserted.

21. Art. I § 41 (2) reads:

"(2) For the management of the investigation proceedings, the Public Prosecutor's Office, for the main proceedings and the procedures otherwise referred to in paragraph 1 shall be the jurisdiction of the regional court responsible for the jurisdiction in criminal matters."

22. In Art. I § 41 (3) shall be the words "The Court of First Instance" by the words "The Regional Court" and the word "This" by the word "This" replaced.

23. Art. I § 41 (4) reads as follows:

"(4) In any proceedings before the individual judge of the Regional Court, § 455 para. 2 and 3 StPO shall apply."

24. Art. I § 41 (5) reads as follows:

" (5) An investigation procedure shall not take place in the proceedings on the basis of a private charge and in the independent proceedings (§ § 8a, 33 (2), 34 (3)). The court has to examine the charges or the application and to make the decisions to which it is based in accordance with § 485 StPO. Against a decision to cease the proceedings, the Prosecutor or the applicant shall be entitled to appeal to the parent court. However, in the cases of § 485 paragraph 1 Z 3 in conjunction with § 212 Z 1 and 2 StPO, it is necessary to decide after a public oral hearing. In a procedure based on a private charge and in a self-employed procedure, the court may, in such cases, refrain from carrying out a trial if the private prosecutor or applicant expressly renounts the proceedings. "

25. In Art. I § 41 (6) shall be the word "Accused" by the word "Defendants" and the word "accused" by the word "Indicted" replaced.

26. In Art. I § 42 will be the turn "to raise the charges" through the turn "Bringing Charges" replaced.

27. The Art. VIa shall be added to the following paragraph 5:

" (5) Art. § 7c (1), § 8a (3), § 10 (1) and (3), § 14 (3), § 15 (1), § 18 (2), § 20 (4), § 23, § 29 (2) and (3), § 31 (1) and (3), § 34 (2) and (6), § 36 (1), (2) and (4), Article 36a (2), § 38a (2), § 40 (1) and (3), § 41 (2). up to 6 and § 42 in the version of the Federal Law BGBl. I No 112/2007 will be 1. Jänner 2008 in force. "

Article IV

Amendments to the Code of Responsibility for Responsibilities

The Law On Association Responsibility (VbVG), BGBl. I No 151/2005, shall be amended as follows:

1. In § 1 (2), the turn shall be "Passenger-trade Societies, Registered" Companies " through the turn "registered partnerships" replaced.

2. § 13 (2) reads:

" (2) If an offence is to be prosecuting only at the request of the victim, then § 71 of the Criminal Procedure Code (Criminal Procedure Code) 1975 (StPO), BGBl. No 631/1975. '

3. In § 14 (3), the turn is deleted " "Suspect," " .

4. § 15 (1) reads:

" (1) The jurisdiction of the public prosecutor's office or of the court for the natural person suspected of the offence also establishes the responsibility for the proceedings against the proclaimed association, the investigative procedures being carried out by the same person. Prosecutor's office and the main proceedings are to be jointly run by the same court (§ § 26, 37 StPO). The association also has the rights of the accused person in the proceedings against the natural person. "

Section 15 (2) reads as follows:

" (2) Under the conditions of § 27 StPO, a separate management of the procedures is also permissible. If this is the case, § § 25 (2) and 36 (3) of the StPO are to be applied with the proviso that the jurisdiction is based on the seat of the proclaimed association, and if such jurisdiction does not exist in Germany, it is determined by the place of the establishment or establishment. If a domestic jurisdiction cannot be justified in this way, the Public Prosecutor's Office in Vienna and the Regional Court for Criminal Matters in Vienna or the District Court of Vienna for the main proceedings shall be the Vienna Public Prosecutor's Office for the investigation proceedings. competent. "

6. § 16 (1) reads:

" (1) The understanding that an investigation procedure is conducted (§ 50 StPO), the application for the imposition of a fine, the summons to the main hearing in the first instance, the judgment in absentia, as well as comprehension and communication according to § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 200 (4), 201 (1) and (4) and 203 (1) and (3) of the StPO are to be attributed to the proclaimed association itself on its own behalf of a member of the institution which is to be represented to the outside world. "

7. In § 17 (1) the quote shall be "§ 455 para. 2" by quoting "§ 455 (2) and (3)" replaced.

8. In § 19 (1), the turn-of-the-turn "a return of the display" through the turn "a cessation of the procedure according to § § 190 to 192 StPO" , the turn "§ 90a para. 2 Z 1 and 3 StPO" through the turn "§ 198 para. 2 Z 1 and 3 StPO" , the turn "the Public Prosecutor" through the turn "the Public Prosecutor's Office," in the Z 1 the staple citation "(§ 90c StPO)" by the citing quote "(§ 200 StPO)", in which Z 2 the staple citation "(§ 90f StPO)" by the citing quote "(§ 203 StPO)", in the Z 3 the staple citation "(§ 90d StPO)" by the citing quote "(§ 202 StPO)" and, in the final sentence, the turn "§ 90e para. 1 StPO" through the turn "§ 202 para. 1 StPO" replaced.

9. § 19 (2) reads:

" (2) Upon the application of the application for the imposition of a fine for the commission of a criminal offence to be prosected on its own merits, the Court of First Instance shall apply paragraph 1 mutatis mutually and shall apply the proceedings against the association under the conditions laid down for the application of the application for a criminal offence. The public prosecutor's office must be required to terminate the main hearing by decision (§ 199 StPO). "

10. § 20 reads:

" § 20. If a Belgian association is strongly suspected of being responsible for a particular offence and if it is assumed that a fine will be imposed on it, the court, at the request of the public prosecutor's office, shall have the right to secure the To order a seizure according to § § 109 Z 2 and 115 (1) Z 3 StPO if and to the extent that it is to be feared on the basis of certain facts that otherwise the introduction would be jeopardised or would be significantly impeded. In addition, § 115 (4) to (6) of the StPO shall apply. "

11. In § 21 (2), the word "indictof" by the word "indictup" replaced.

(12) In § 22 (2), the word shall be: "circumstances" by the word "circumstances" replaced.

13. In § 23, in the first sentence, the word "announce" by the word "Cases" and the word "Summons" in each case by the word "Charge" and in the second sentence the twist "to make known by the delivery of a copy" through the turn "to deliver in his written copy" replaced.

14. In § 25 the Wendung "Court of First Instance" by the word "Landesgericht" replaced.

Article 26 (1) reads as follows:

" (1) The Public Prosecutor's Office shall have the administrative or supervisory authority responsible for the affected area of activity of an association, of an investigation procedure against an association and its termination by cessation or resignation of the (§ § 194 and 208 (4) of the StPO); moreover, the Court of First Instance has to inform the Authority of the termination of the criminal proceedings and has issued a copy of the decision to terminate the proceedings or the judgment of the Court of Justice. "

16. In § 26 (2), the word "That" through the turn "The Public Prosecutor's Office or the" replaced.

17. § 26 (3) deleted.

18. The content of § 28 receives the sales designation "(1)" .

19. The following paragraph 2 is added to Article 28 (1):

" (2) The provisions of Sections 1 (2), 13 (2), 14 (3), 15 (1) and 2, 16 (1), 16 (1), 17 (1), 19 (1) and (2), 20, 21 (2), 23, 25 and 26 (1) and (2) in the version of the Federal Law BGBl (Federal Law). I No 112/2007 will be 1. Jänner 2008 in force. "

Article V

Amendment of the Military Criminal Law

The Military Criminal Law, BGBl. No 344/1970, as last amended by the Federal Law BGBl. I n ° 130/2001, shall be amended as follows:

1. In Section 3 (2), the turn shall be "The Public Prosecutor" through the turn "The Public Prosecutor's Office" replaced.

2. In § 5, the parenthesis shall be "(§ 51 StGB, § 19 JGG 1988)" by the citing quote "(§ 51 StGB)" Replaces and eliminates the turn "and family and youth welfare provisions (§ 2 JGG 1988)" .

3. In § 6 (1), in the entrance after the turn "one-year custodial sentence" the twist "or a custodial sentence or sentence which exceeds six months of undue or unconditional conviction, either or solely because of the offence of abuse of an authority relationship (§ 212 StGB)" inserted.

(4) § 7 is amended as follows:

(a) In paragraph 1, the Z 2 is deleted and the word Z 3 becomes the word "Kaderexercise" by the word "Miliu-breeding" replaced.

(b) para. 2 reads:

"(2) Those who do not comply with the basic service for longer than 30 days shall be punished with imprisonment of up to one year."

(c) In paragraph 3 (1), the word shall: "Kaderexercise" by the word "Miliu-breeding" replaced.

5. § 39 is amended as follows:

a) The previous content is given the sales designation "(1)" .

(b) The following paragraph 2 is added:

" (2) The provisions of § § 3 (2) and (5), 6 (1) and (7) in the version of the BGBl. I No 112/2007 will be 1. Jänner 2008 in force.

Article VI

Amendment of the Pornography Act

The Pornography Law, BGBl. No. 97/1950, as last amended by the Federal Law BGBl. No 599/1988, shall be amended as follows:

In Section 8 (2), the turn-over "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced.

Article VII

Amendment of the Criminal Records Act

The Criminal Records Act 1968, BGBl. No. 277/1968, as last amended by the Federal Law BGBl. I n ° 151/2004, shall be amended as follows:

1. In § 2 para. 3, the quote shall be "Criminal Procedure 1960" by quoting " Criminal Procedure Code 1975 (StPO), BGBl. No. 631 ".

2. § 14 is added to the following paragraph 4:

" (4) § 2 para. 3 in the version of the Federal Law, BGBl. I No 112/2007 shall take place on 1 January 2007. Jänner 2008 in force.

Article VIII

Amendment of the Tilgungsgesetz

The Tilgungsgesetz 1972, BGBl. N ° 68/1972, as last amended by the Federal Act BGBl. I No 37/2006, is hereby amended as follows:

1. In § 4 (5), the quote shall be " Criminal Procedure Order 1960, BGBl. No. 98 " by quoting " Criminal Procedure Code 1975 (StPO), BGBl. No. 631 ".

2. In § 9, the following paragraph 1e is inserted after paragraph 1e:

" (1f) The provision of Section 4 (5) in the version of the Federal Law, BGBl. I No 112/2007 shall enter into force 1. Jänner 2008 in force.

Article IX

Amendment to Article X of the Criminal Law Change Network (mutual assistance of social security agencies for the security authorities)

Article X of the Criminal Law Change Network 1996, BGBl. N ° 762/1996, shall be amended as follows:

In Art. 10 § 1, the staple quote "(§ § 24, 26, 36 and 88 StPO)" by the citing quote "(§ § 18 and 76 StPO)" replaced.

Article X

Amendment of the Social Security Act

The Social Betting Act, BGBl. I n ° 152/2004, shall be amended as follows:

Article III reads as follows:

" Investigative powers of the financial and tax authorities and their bodies for the pursuit of the social fraud

(1) The Public Prosecutor's Office may, in the prosecution of criminal offences in accordance with § § 153c to 153e StGB, take advantage of the assistance of the financial and tax authorities and their institutions. Investigations of the criminal police may only be carried out by the Public Prosecutor's Office in such cases if the financial and tax authorities or their institutions are not to be reached in time. However, it can always be used by the criminal police if the social fraud which is to be investigated also fulfils the facts of another act which is threatened with a criminal offence and which is not a financial offence.

(2) The authorities and bodies of the Federal Financial Administration referred to in paragraph 1 shall only act on the scope of an order made by the Public Prosecutor's Office in order to clarify the offences referred to in paragraph 1, or in so far as they do so within the framework of a measure According to § § 86, 89 EStG on the basis of certain facts, it is to be assumed that the accused has committed such a criminal offence. To this extent, they will be in the service of criminal justice (Art. 10 (1) (6) B-VG) and have the tasks and powers conferred in the Criminal Procedure Code of the Criminal Police to be exercised under the appropriate application of § 196 sec. 4 FinStrG. "

Article XI

Amendments to the Public Prosecutor's Law

The Public Prosecutor's Law, BGBl. N ° 164/1986, in the latest by the Federal Law BGBl. I No 53/2007, amended as follows:

1. The heading of Section I is:

"Public prosecutors"

2. § 1 shall be amended as follows:

(a) The heading is:

"Tasks of the Public Prosecutor's Office"

(b) The turn "Public Prosecutor's Office" is given by the word "Public prosecutors" replaced.

3. § 2 shall be amended as follows:

(a) The heading is:

"Structure of the Public Prosecutor's Office"

(b) (1) is:

" (1) At the seat of each regional court operating in criminal matters, there is a public prosecutor's office, at the seat of each Higher Regional Court, an upper prosecutor's office and, in the case of the Supreme Court, the general procuration. The public prosecutors are directly subordinate to the Oberstaatsanwaltschaften (Oberstaatsanwaltschaften) and the General Procuratur (General Procurature) to the Federal Minister for Justice and are bound by instructions. "

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

" Anti-Corruption Prosecutor

§ 2a. (1) In order to implement effective nationwide prosecution of corruption, judicial criminal offences and related offences, as well as the exercise of key functions in the area of judicial judicial assistance and the Cooperation with the competent bodies of the European Union and the judicial authorities of the Member States of the European Union for such offences shall be established at the seat of the Vienna Higher Regional Court for the whole of the Federal Republic under the Title "Anti-Corruption Prosecutor's Office" (KStA) a central prosecutor's office .

(2) The scope of action of the KStA extends to the entire Federal territory. The offices of the Oberstaatsanwaltschaften Linz, Innsbruck and Graz are to be set up at the offices of the KStA. The staff of the KStA and its external offices shall have the legal, economic and other knowledge, skills and aptitudes necessary for their tasks, as well as sufficient experience in the field of activity. To take care.

(3) The KStA shall have a head office or a head at a post office pursuant to § 13 paragraph 1 Z 7.

(4) Furthermore, the provisions of this Federal Act applicable to the public prosecutors shall be applied in accordance with the provisions of this Federal Act, in accordance with the provisions of Section 8 (1) of the Vienna Public Prosecutor's Office pursuant to Section 8 (3), second sentence, to be applied to the KStA. report. The Vienna Public Prosecutor's Office shall then proceed in accordance with Section 8a.

(5) The KStA has to report to the Federal Minister of Justice by the end of April of each year on the criminal cases that have been completed in the past calendar year and that are still pending. In this report, the KStA has to include its perceptions about the state and the course of the fight against corruption, as well as the shortcomings of the legislation or the business process and, if necessary, to submit appropriate amendments. "

5. The heading of Section II is:

"Institutions of the Public Prosecutor's Office"

6. In § 3 (1) to (3), the turn shall be "Public Prosecutor's Office" in each case by the word "Public prosecutors" replaced.

7. § 4 is amended as follows:

(a) para. 1 reads:

" (1) The Public Prosecutor's Office at the seat of the regional court operating in criminal matters is also responsible for representing the indictment before the district courts in the Sprengel of this regional court. This task can also be carried out by district attorates, who are under the supervision and management of prosecutors. The same applies in the case of criminal offences for which the district court would have jurisdiction in the main proceedings, for applications (§ 101 para. 2 StPO), orders (§ 102 StPO), investigations (§ 103 para. 2 StPO) and in the 10. up to 12. The main part of the StPO regulated procedural actions. "

(b) In paragraph 3, after the word "Person" A dash and the twist "which is in a service relationship with the Republic of Austria in the planning area of the judicial authorities in the countries or has completed the court practice," inserted.

8. The title of section III is:

" Interior of the prosecutors ' offices. Reports

9. § 5 shall be amended as follows:

(a) para. 1 reads:

"(1) The tasks assigned to a public prosecutor's office in accordance with the legally defined responsibilities shall be divided into units to be filled with the necessary number of prosecutors."

(b) In the first sentence of paragraph 3, the turn shall be: "Public Prosecutor's Office" by the word "Public prosecutors" and in the last sentence, the twist "Public Prosecutor" by the word "Prosecutor's Office" replaced.

(c) paragraph 4 reads:

" (4) In the context of the supervision of the prosecutors, the head of a group of public prosecutors is responsible, in particular, for the revision of their errands. The head of a public prosecutor's office may be responsible for prosecutors who have the appropriate qualifications and who have worked as a prosecutor or judge for at least one year, the management of the investigative procedure, with the exception of termination or continuation. after the 10. and 11. The main part of the StPO as well as the collection of the charge for self-employed treatment are transferred. Prosecutors who worked for a total of five years as a public prosecutor or as a judge may, in accordance with their personal and professional competence, also be able to carry out certain general tasks and powers in general. self-employed treatment. The importance of these tasks and powers is to be taken into consideration. "

(d) (5) reads:

" (5) The cessation of proceedings for an offence for which the Regional Court would be responsible as a jury of jury or jury in the main proceedings, and the treatment of such requests (§ 108 StPO), the treatment of an objection due to Legal infringement (§ 106 StPO) or an application for the continuation of the proceedings (§ 195) as well as a continuation of the proceedings pursuant to Section 193 (2) Z 2 of the German StPO (StPO) shall in any case be withheld from a revision. "

10. In § 6, the turn of the turn is given in para. 1 and 2. "Public Prosecutor's Office" in each case by the word "Public prosecutors" and in paragraph 6, the turn "Public Prosecutor" by the word "Prosecutor's Office" replaced.

11. In § 6a (1), the phrase in the first sentence shall be: "a prosecutor" through the turn "a number of public prosecutors, but at least one prosecutor, required to ensure the timely execution of requests and orders which do not tolerate any postponing." replaced.

12. In § 7 the Wendung "Public Prosecutor's Office" by the word "Public prosecutors" replaced.

13. § 8 together with headline reads:

" Reports of the Public Prosecutor's Office

§ 8. (1) Public prosecutors shall have criminal proceedings in which there is a particular public interest on account of the importance of the offence to be informed or the person of the suspect, or in those cases which have not yet been sufficiently clarified. are to be assessed in terms of principle, to report from the respective superordinated Supreme Prosecutor's Office on the basis of the measures already taken, and to comment on these reports on the intended further course of action . In any case, criminal charges against members of a general representative body shall be reported if a connection with the political activity of the member is not to be ruled out.

(2) The Oberstaatsanwaltschaften (Oberstaatsanwaltschaften) may order in writing, in the exercise of their supervisory and authority powers, in particular also to promote a uniform application of the law, that they report on certain categories of criminal cases , they may also request reports in individual cases.

(3) Reports referred to in paragraph 1 are to be reported on the occasion of the first order, in doubtful cases before (seizure report). In any event, the progress of the procedure shall be subject to the conclusion of the investigation procedure in accordance with the provisions of the 10. up to 12. Main item of the StPO and in the main proceedings, in any case before the resignation of the prosecution and before submitting a waiver to the appeal of the invalidity complaint or appeal.

(4) In addition, the date and type of reporting shall be determined in accordance with the special orders of the Oberstaatsanwaltschaften. The obligation to report on an intended disposition or execution shall not preclude orders and requests which must be made immediately because of danger in the event of default. "

14. According to § 8, the following § 8a and title shall be inserted:

" Events and reports of the Oberstaatsanwaltschaften

§ 8a. (1) The Oberstaatsanwaltschaften (Oberstaatsanwaltschaften) shall examine reports in accordance with § 8 and communicate the result of the examination together with any necessary arrangements of the reporting prosecutor's office.

(2) In so far as not only criminal cases with limited space are concerned, the Oberstaatsanwaltschaften (Oberstaatsanwaltschaften) have reports in accordance with § 8 (1) with an opinion, whether against the intended procedure or the nature of the submitted for approval. There is an objection to be presented to the Federal Minister for Justice, who then has to proceed with the Deputy Chief Public Prosecutor's Office in accordance with paragraph 1.

(3) In order to promote a uniform application of the law, as well as for reporting to legislative bodies, their organs and international organisations, the Federal Minister of Justice can proceed according to § 8 (2). In these cases, it may also request reports on the subject-matter of the Oberstaatsanwaltschaften in individual proceedings. This is to be seen in the diary and in the investigative act. "

15. § 10 shall be amended as follows:

(a) (1).

(b) In paragraph 2, the turn shall be: "criminal proceedings" by the word "Criminal Procedure" replaced.

16. § 10a reads:

" § 10a. (1) The Public Prosecutor's Office shall have the following information on the planned arrangements for optical or acoustic monitoring of persons pursuant to § 136 (1) Z 2 and 3 of the StPO or of an automatic data reconciliation according to § 141 (2) and (3) of the StPO. Oberstaatsanwaltschaften to report; § 8 (4) last sentence applies accordingly.

(2) In criminal matters, in which an optical or acoustic monitoring of persons according to § 136 StPO or an automation-assisted data reconciliation according to § 141 StPO was ordered, the prosecutors have annually the Oberstaatsanwaltschaften submit separate reports and, in the cases referred to in paragraph 1, be accompanied by copies of the relevant orders and the judicial authorisation. In particular, the reports shall contain:

1.

the number of cases in which the optical or acoustic monitoring of persons or an automation-assisted reconciliator has been arranged, as well as the number of persons affected by a monitoring and researched by a data-matching persons,

2.

the period of each monitoring operation;

3.

the number of cases in which the specific investigative measures referred to in paragraph 2 have been successfully carried out.

(3) The Oberstaatsanwaltschaften (Oberstaatsanwaltschaften) have to examine these reports, if necessary, to have them rectified or to make any other necessary provisions. They shall submit to the Federal Ministry of Justice an overall overview of special investigative measures, together with the copies of the approved orders within the meaning of paragraph 1.

(4) The Federal Minister of Justice has, on the basis of the reports of the Public Prosecutor's Office and the report of the Legal Protection Officer, an annual report on the use of the National Council, the Data Protection Council and the Data Protection Commission. special investigative measures to the extent that they have been carried out with judicial authorisation. "

17. § 11 together with the title shall be deleted.

18. § 29 shall be amended as follows:

(a) The heading is:

"Instructions of the Oberstaatsanwaltschaften"

(b) In paragraph 1, the turn shall be: "competent authorities" through the turn "the Oberstaatsanwaltschaften" and the turn "Public Prosecutor's Office" by the word "Public prosecutors" replaced.

(c) para. 2 reads:

' (2) Where the substantive treatment is discussed orally in a given procedure, the public prosecutor's office shall record the result of such a discussion in a transcript in which, in particular, it shall be necessary to indicate whether a matching The Supreme Prosecutor's Office has issued a statement of law. "

(d) The following paragraph 3 is added:

" (3) The Public Prosecutor's Office shall be responsible for connecting the instruction or the minutes to the diary. In the course of the investigation procedure (§ 34c), it has to issue a copy of the instruction or of the minutes in the investigation procedure, in the main proceedings and appeal proceedings, to the request to be submitted to a court decision. "

19. According to § 29, the following § 29a and heading is inserted:

" Instructions to the Supreme Prosecutor's Office

§ 29a. (1) instructions issued by the Federal Minister of Justice for the substantive treatment in a specific procedure shall be given in writing to the Oberstaatsanwaltschaften by reference to this legislative body and to the reasons for the reasons. The Oberstaatsanwaltschaften shall then proceed according to § 29.

(2) For the oral discussion of the substantive treatment in a particular procedure, § 29 (2) shall apply, in which case the minutes shall be drawn up by the prosecutor's office, unless the public prosecutor's office at the oral discussion does not was involved.

(3) The Federal Minister of Justice has to report annually to the National Council and the Federal Council on the instructions which it has issued after the procedure which has been used for the purpose of the directive has been terminated. "

20. In the heading of § 30, the turn "Public Prosecutor's Office" by the word "Public prosecutors" replaced.

21. § 31 reads:

§ 31. By means of instructions whose compliance is aimed at the termination of the investigative procedure or the execution of a judicial decision, only the head of the the public prosecutor's office and the bodies that he has put forward. In the light of the legal validity of the termination of the investigative procedure or after the judicial decision, the mere communication of the body and the direction in which a reference has been made to the substantive treatment shall be given by the mere communication. No obligation to respect official secrecy. The same shall apply to the oral discussion of the substantive treatment in accordance with § § 29 (2) and 29a (2). "

Section 32 (3) reads as follows:

" (3) The representation of the indictment in the main hearing before the District Court or before the judge of the Regional Court, but not before the State Court as jury and jury, as well as the representation in the appeal proceedings before the National court may also transfer judges to judges who have not yet filed the judge's examination. "

23. § 34 reads:

" § 34. (1) For each criminal case, a diary shall be held in the case of the public prosecutors (Section 34a (2)).

(2) The reasons for the recruitment, refraction and continuation of the investigative procedure, for a diversionary execution, the withdrawal of a criminal application, an indictment and an application for accommodation in an institution for mental abnormality Right-breakers are to be entered in the diary.

(3) From criminal proceedings, indictals, applications for accommodation in an institution for intellectual abnormals and legal medias, the original, of reports and orders of coercive measures shall be a copy of the diary . The results of the main treatise as well as any statements of appeal are to be recorded in the diary.

(4) In the case of the application of a criminal order, circumstances which are important for the indicttion, the taking of evidence and the sentencting of the criminal record should be noted in the correct manner. "

24. § 34a is amended as follows:

(a) in paragraph 1, after the word "Applications" a dash and the word "Orders" inserted:

(b) para. 2 reads:

" (2) Only those data which are necessary to fulfil the purpose of the register, business operations, diary or investigative act may be included in the registers and business procedures, diaries and investigative files. The management of the registers, diaries, investigative files and other business procedures, as well as the storage of the contents of the investigative files, file components, public prosecutors ' diaries, authorities and other documents shall have in accordance with the conditions laid down in the Technical and human resources with the help of procedural automation Justice (VJ). The data of the registers and other business measures may be taken from the content of the investigative files and/or Diaries and other business operations do not differ. "

(c) paragraph 4 reads:

" (4) As far as authorities or parties are entitled to inspect the act of inquiry or diary, they shall be entitled, in accordance with the available technical possibilities, to make statements or prints of the files relating to their case. and to get the parts of the file. The above can also be used for simple and economical administration, as well as an adequate security against misuse by third persons, including electronic insight into all of the provisions of the StPO or this Act. accessible data concerning their cause, which are stored in the process automation system. "

25. According to § 34b, the following § 34c with headline is inserted:

" Investigation

" § 34c. As soon as proceedings have been reported by the Public Prosecutor's Office pursuant to § 100 StPO, the Public Prosecutor's Office shall establish an investigative act in accordance with the provisions of DV-StAG, unless a trial against unknown perpetrators without any further investigation Investigation pursuant to Section 197 (2) of the StPO is terminated immediately. In the case of applications pursuant to Section 101 (2) of the StPO, this act of inquiry is based on an appeal for infringement (§ 106 StPO), on the termination of the proceedings (§ 108 StPO), or on appeals in proceedings concerning complaints (Sections 88 and 89 StPO), or to continue the proceedings (§ 195 StPO) and to submit the indictn to the court. "

26. § 35 shall be amended as follows:

(a) In paragraph 1, the turn shall be: "Public Prosecutor's Office" by the word "Public prosecutors" and the turn "Public Prosecutor" by the word "Prosecutor's Office" replaced.

(b) (4) reads:

"(4) The inspection of the Public Prosecutor's Act and of the associated reports on criminal and other investigations and evidence shall be governed exclusively by the provisions of the StPO."

(c) paragraph 5 reads:

"(5) The above provisions shall not preclude the obligations of understanding in accordance with § 195 StPO, provided that there is a reasonable legal interest in the information."

27. In the title of section VIII, the turn shall be "Public Prosecutor's Office" through the turn "the Public Prosecutor's Office" replaced.

28. § 38 shall be amended as follows:

a) The previous content is given the sales designation "(1)" and the turn "Public Prosecutor's Office" is given by the word "Public prosecutors" replaced.

(b) The following paragraph 2 is added:

"(2) The representation of the Public Prosecutor's Office in proceedings before the District Court may also be carried out by judges of the judiciary."

29. § 42 the following paragraphs 8 and 9 are added:

" (8) The headings of sections I to III and VIII and the provisions of Sections 1 to 2, 3 to 8a, 10 para. 2, 10a, 29 to 32, 34, 34a, 34c, 35 and 38 as well as the removal of the provisions of § § 10 (1) and (11) in the version of the Federal Law BGBl. I No 112/2007, with 1. Jänner 2008 in force.

(9) The provisions of § 2a in the version of the Federal Law BGBl. I No 112/2007, with 1. Jänner 2009 in force. Administrative preparatory measures for the establishment of the KStA can already be taken with the proclamation of this federal law. "

Article XII

Amendment of the OGH Act

The OGH Act, BGBl. No 328/1968, as last amended by the Federal Law BGBl. N ° 95/2001, is hereby amended as follows:

Section 7 (1) of the Code of Criminal Procedure, Section 54 (2) of the Code of Criminal Procedure (Criminal Procedure 1975), BGBl (Code of Criminal Procedure 1975), is deleted. No. 631 " and the Z 8.

Article XIII

Amendment of the Act on Legal Practice

The law-making law, BGBl. No 644/1987, as last amended by the Federal Law BGBl. I n ° 136/2002, shall be amended as follows:

1. § 5 (2) reads:

" (2) The training of the District Court and the Regional Court shall be at least three months, of which at least three months of training in civil cases and at least two months of training in criminal matters shall be withheld. An education in criminal cases in court is the same with a prosecutor's office under the appropriate application of this federal law. In the first nine months of training, training in criminal matters may only cover more than three months with the consent of the right-hand-holder. In the selection of the district courts, the district courts are to be given preference, in which no more than twelve judge's planning points are systemized. "

2. In § 4 (2), the turn-of-the-turn ", and according to § 23 of the Criminal Procedure Code 1975, BGBl. No. 631 " .

3. In § 6 (3) the turn-of-the-turn "a prosecutor's office or" .

4. § 29 shall be inserted after paragraph 2c of the following subsection 2d:

" (2d) § § 5 (2), 4 (2) and 6 (3) in the version of the Federal Law, BGBl. I No 112/2007 will be 1. Jänner 2008 in force. "

Article XIV

Amendment of the jury and Schöffengesetz 1990

The Jury and Schöffengesetz 1990, BGBl. No. 256/1990, as last amended by the Federal Law Gazette (BGBl). I n ° 136/2004, shall be amended as follows:

1. In Section 12 (1) and Section 13 (1) and (6), the turn-of-the-turn shall be "Court of First Instance" through the turn "State Courts" replaced.

2. In § 14 para. 2, the staple citation shall be "(§ § 67, 68, 71 first sentence and 72 StPO)" by the citing quote "(§ § 43, 44 (1), first sentence and para. 3, 46 StPO)" replaced.

3. In § 18 (1), the turn shall be "Court of First Instance" through the turn "Landesgerichte" replaced.

(4) In § 20, the following paragraph (1) (1b) is inserted:

" (1b) The provisions of Sections 12 (1), 13 (1) and (6), 14 (2) and 18 (1) in the version of the Federal Law, Federal Law Gazette (BGBl). I No 112/2007 will be 1. Jänner 2008 in force. "

Article XV

Amendment of the Food Safety and Consumer Protection Act

The Food Safety and Consumer Protection Act, BGBl. I n ° 13/2006, in the last part of the BGBl programme. I No 24/2007 amended as follows:

(1) § 41 is amended as follows:

(a) In paragraph 1, after the word "seizure" the twist "or to ensure" inserted.

(b) In paragraph 1 (2), the word shall: "Anchorage" by the word "Responsibility" replaced.

(c) para. 2 reads:

" (2) In the case of slightly perishable goods, the conditions for provisional seizure or freezing of goods as referred to in paragraph 1 (2) may be replaced by the unharmful disposal of the goods by the trader in the presence of the goods. Supervisory body shall be made. This approach is to be documented. "

(d) para. 3 reads:

" (3) In the case of the provisional seizure, the Board of Supervisors shall immediately report to the District Administrative Authority, but in the case of ensuring that the Public Prosecutor's Office shall report on the freezing, depending on whether the infringement a court offence or an administrative transgressive act. In the event of an administrative surrender, the provisional seizure shall be issued if a notice of seizure of the seizure is not issued within four weeks. "

(e) paragraph 4 reads:

" (4) The right of disposal of the products provisionally seized or seized is first of all the authority to which the Board of Supervisors is a member and, if the infringement is an administrative surrender, from the date of the release of the confiscated product the authority that issued the seizure notice. If the infringement is a criminal offence, the right of disposal shall be filed with the public prosecutor's office from the date of entry of the report, from the date on which the indictment is brought to the court. "

(f) In paragraph 5, after the word "Seizure" the twist "or ensure" inserted.

(g) In paragraph 6, after the turn of the "provisionally seized" a dash and the word "secured" inserted.

(h) In paragraph 8, after the turn-over "During the" the twist "Ensure or" and after the turn "competent authority" the twist "the competent prosecutor's office" .

(i) (9) reads:

"(9) The provisions of § § 87, 106 of the StPO are to be applied in a reasonable way."

2. § 71 (2) reads:

" (2) In the investigation procedure according to the StPO, the Public Prosecutor's Office shall order the provisional payment of the costs of the investigation according to the fee tariff (§ 66) from the official funds after consulting the Revisors, if this is not within 14 days of the investigation. Objections are raised. After collection of objections and in the main court proceedings, the costs of the investigation are to be determined by the court in accordance with the fee tariff (§ 66) and provisionally to be borne out of the terms of the official funds. In the case of conviction, the party responsible for the replacement of expenses shall be entitled to pay the costs in accordance with § § 389 to 391 of the StPO. "

3. In § 88, the word "Criminal Procedure" by the word "Main procedure" and the word "Court of Justice" by the word "State Courts" replaced.

(4) The following paragraph 15 is added to § 95:

" (15) § § 41, 71 and 88 in the version of the Federal Law, BGBl. I No 112/2007 will be 1. Jänner 2008 in force. "

Article XVI

Amendment of the Medical Act 1998

Federal law on the exercise of medical profession and the professional representation of doctors (Medical Law 1998-ÄrzteG 1998), Federal Law Gazette (BGBl). I n ° 169/1998, as last amended by the Federal Law BGBl. I n ° 122/2006 and the Federal Ministries of the Federal Ministries of Law 2007, BGBl. I n ° 6, shall be amended as follows:

1. § 62 with title reads:

" Provisional failure to exercise the profession

§ 62. (1) In the interests of the public good and in the event of danger in default, the Governor of the State of the State shall have the exercise of the medical profession until the final conclusion of a procedure concerning the appointment of a specialist in accordance with Section 268 of the German Civil Code (ABGB) or of a To prohibit criminal proceedings if they are against them

1.

a procedure for the appointment of a specialist in accordance with Section 268 of the German Civil Code (ABGB) has been initiated and continued in accordance with § § 118 and 119 of the German Commercial Code

2.

a criminal procedure has been initiated on the grounds of gross misconduct in the exercise of the medical profession at risk of judicial punishment, or

3.

a criminal procedure has been initiated on the grounds of gross misconduct in the exercise of the medical profession threatened with administrative penalties.

(2) If proceedings concerning the appointment of a lawyer pursuant to Section 268 of the German Civil Code (ABGB) or a criminal procedure within the meaning of paragraph 1 (2) or (3) have not yet been initiated, the Governor of the State of the State may be doctors who are responsible for a mental illness or disorder or because of a disorder or disorder. habitual abuse of alcohol or of addictive substances for the exercise of a medical profession is not capable, in the event of danger in default, to prohibit the exercise of the medical profession until the maximum period of six weeks.

(3) If a doctor has been prohibited from exercising the medical profession on the basis of the second paragraph, the Governor of the State shall immediately have that in accordance with § 109 of the Law of Jurisdiction, RGBl. No. 111/1895, District Court in charge of proceedings relating to the appointment of a lawyer pursuant to Section 268 of the German Civil Code (ABGB), or to inform the public prosecutor's office of the competent national court on the grounds that criminal proceedings have been initiated in all cases.

(4) The courts are obligated to the Landeshauptmann as well as the Austrian Medical Association

1.

the initiation, continuation and the outcome of proceedings concerning the appointment of a lawyer;

2.

the termination of a main proceedings under the Code of Criminal Procedure in 1975, BGBl. No. 631/1975 (StPO)

without delay, as far as doctors are concerned. The same applies to the Prosecutors in relation to the initiation and termination of an investigation against a doctor as accused (§ 48 para. 1 Z 1 StPO). In the same way, the administrative authorities are obliged to inform the Governor of the Federal State of Germany of any serious misconduct within the meaning of paragraph 1 (3) and the criminal proceedings initiated by the Federal State of America for criminal proceedings. These advertisements shall also be reimbursed to doctors who exercise their profession in the context of a service with a local authority or other public body, including the doctor ' s service.

(5) Prior to subparing in accordance with para. 1 or 2, the Austrian Medical Association, in the case of doctors who pursue their profession in the context of a service relationship with a local authority or other public body, is also the listen to the department. In any case, you should be informed of the subsatiation. The Austrian Medical Association shall have the right of appeal against the undersac of paragraph 2. "

2. In § 67 (2), the first sentence is replaced by the following sentences:

" The public prosecutors are obliged to inform the competent medical chamber of the initiation and termination of an investigation procedure as well as of the imposition and termination of the pre-trial detention on a member of a medical chamber. The criminal courts are obliged to inform the competent medical chamber of the termination of the main proceedings and to send him a copy of the final judgment. "

3. In § 137 (2) (1), the word order shall be "Judicial criminal proceedings" through the phrase "Procedure after the StPO" replaced.

4. In § 146 (2), the word order shall be "Judicial criminal proceedings" through the phrase "Procedure after the StPO" replaced.

5. In § 146 (3), the parenthesis shall be "(§ 72 para. 1 StPO)" by the citing quote " (§ 44 (3) 1. Sentence StPO) " replaced.

6. In § 152, the staple citation "(§ 72 para. 1 StPO)" by the citing quote " (§ 44 (3) 1. Sentence StPO) " replaced.

7. In § 148 (2) the word order shall be "Judicial criminal proceedings" through the phrase "Procedure after the StPO" replaced.

8. In § 153 (2), the quote shall be "§ § 151 to 153 StPO" by quoting § § 155 to 159 StPO " replaced.

9. In § 153 (3), first sentence, the word order shall be "the district court responsible for mutual legal assistance in criminal matters" through the phrase "the public prosecutor's office responsible for mutual legal assistance in criminal matters" and in the second sentence, the word "This" by the word "These" replaced; in the third sentence, the word "judicial" .

10. In § 156, the staple citation "(§ 39 StPO)" by the citing quote "(§ 58 StPO)" replaced.

11. In § 163 (4) the word is deleted "judicial" .

12. In § 166, the quote "§ 77 StPO" by quoting "§ § 81 to 83 StPO" replaced.

13. In § 167 (1) the quote shall be "§ 412 StPO" by quoting "197 StPO" replaced.

14. In Section 170 (2), the parenthesis shall be "(§ 72 para. 1 StPO)" by the citing quote " (§ 44 (3) 1. Sentence StPO) " replaced.

15. In § 171, para. 3, the word order "a requested court" through the phrase "a requested prosecutor's office" replaced.

16. The following paragraph 15 is added to § 214:

" (15) § § 62, 67, 137, 146, 148, 152, 153, 156, 163, 166, 167, 170 and 171 in the version of the Federal Law, BGBl. I No 112/2007 will be 1. Jänner 2008 in force. "

Article XVII

Amendment of the Pharmacerkammergesetz 2001

The Federal Act on the Austrian Pharmacists ' Chamber (Pharmacerkammergesetz 2001), BGBl. I n ° 111/2001, as last amended by the Federal Law BGBl. I n ° 41/2004 and the Federal Ministries of the Federal Ministries of Law 2007, BGBl. I n ° 6, shall be amended as follows:

1. § 40 (2) reads:

" (2) The course of the time limits referred to in paragraph 1 shall be inhibited if, on account of the facts on which the disciplinary procedure is based, a procedure under the Code of Criminal Procedure in 1975, BGBl. No 631/1975, (StPO) or an administrative criminal procedure or proceedings before another institution of disciplinary authority or before the Constitutional or Administrative Court, for the duration of such proceedings. The course of the time limits referred to in paragraph 1 (1) and (2) shall be suspended by an interruption of membership of the Chamber of Pharmacists. "

2. In § 45 (2), the parenthesis shall be "(§ 39 StPO)" by the citing quote "(§ 58 StPO)" replaced.

3. In § 45 (4), the parenthesis shall be "(§ 72 para. 1 StPO)" by the citing quote " (§ 44 (3) 1. Sentence StPO) " replaced.

4. In § 46 (1), the turn-of-the- "Judicial criminal proceedings" through the turn "Procedure after the StPO" replaced.

Section 46 (2) reads as follows:

" (2) The Public Prosecutors shall be obliged to inform the Disciplinary Authority of the initiation and termination of an investigative procedure after the StPO. The Criminal Courts are obliged to inform the Disciplinary Authority of the termination of the main proceedings. The courts and administrative authorities shall be obliged to send to the Disciplinary Board and the Disciplinary Authority on request files for inspection. "

6. In § 47 (3), the text of the sentence shall be: "(§ 72 para. 1 StPO)" by the citing quote " (§ 44 (3) 1. Sentence StPO) " replaced.

7. In § 47 (5), the quote shall be "§ § 151 to 153 StPO" by quoting § § 155 to 159 StPO " replaced.

8. § 47 (6) reads:

" (6) The survey inspector may also ask the public prosecutor's office responsible for legal assistance in criminal matters to carry out surveys or other surveys. This has to be done in accordance with the provisions of the StPO. The cost of the surveys is to be borne provisionally by the pharmacists ' chamber. The survey commissioner, the Disciplinary Lawyer, the accused person and his defense attorney are to be invited to take a look at and take a look at an eye-sight. These persons are entitled to the issue of the StPO. "

9. In § 56, the quote "§ 77 StPO" by quoting "§ § 81 to 83 StPO" replaced.

10. In § 60 (3), the turn-of-the- "from a requested court" through the turn "from a requested prosecutor's office" replaced.

11. In § 61 (4), the turn-of-the- "from a requested court" through the turn "from a requested prosecutor's office" replaced.

12. The following paragraph 10 is added to § 81:

" (10) § § 40, 45, 46, 47, 56, 60 and 61 in the version of the Federal Law, BGBl. I No 112/2007 will be 1. Jänner 2008 in force. "

Article XVIII

Amendment of the Medicines Act

The Federal Act of 2 March 1983 on the production and the placing on the market of medicinal products (pharmaceutical law), BGBl. No. 185/1983, as last amended by the Federal Law BGBl. I n ° 153/2005 and the Federal Ministries of the Federal Ministries of Law 2007, BGBl. I n ° 6, shall be amended as follows:

1. § 76b (1) reads:

" (1) Supervisory bodies pursuant to Section 76a (2) have provisionally seized goods or if there are reasonable grounds for suspecting that these substances are contained within the meaning of § 5a, or that they constitute a danger to the life or health of humans or animals. "

Section 76b (2) reads as follows:

" (2) On the provisional seizure or seizure To date, the Board of Supervisors shall ensure that the Board of Supervisors shall issue to the person entitled to dispose of the certificate a certificate stating the location of the storage and the nature and quantity of the goods seized or seized. "

Section 76b (3) reads as follows:

" (3) In the case of the provisional seizure, the Board of Supervisors shall immediately report to the District Administrative Authority, but in the case of ensuring that the Public Prosecutor's Office shall report on the freezing, depending on whether the infringement a court offence or an administrative transgressive act. In the event of an administrative surrender, the provisional seizure shall be issued if a notice of seizure of the seizure is not issued within four weeks. "

4. In § 96 (2) (2) Z 2, the turn shall be "a seizure decision" through the turn " A seizure or seizure in the proceedings according to the Code of Criminal Procedure in 1975, BGBl. No. 631/1975 " replaced.

5. In § 95, the following paragraph 8e is inserted after paragraph 8d:

" (8e) The § § 76b and 96 in the version of the Federal Law, BGBl. I No 112/2007 will be 1. Jänner 2008 in force.

Article XIX

Amendment of the Health and Food Safety Act

The Health and Nutrition Security Act, BGBl. I No 63/2002, as last amended by the Federal Law Gazette (BGBl). I n ° 139/2006 and the Federal Ministries of State Law 2007, BGBl. I n ° 6, shall be amended as follows:

1. In § 18 (3), the quote shall be "§ 84" by quoting "§ 78" replaced.

2. § 19 the following paragraph 23 is added:

" (23) The provision of Section 18 (3) in the version of the Federal Law, BGBl. I No 112/2007 shall enter into force 1. Jänner 2008 in force. "

Article XX

Amendment of the Dentist Act

The Dentist Act-ZÄG, BGBl. I n ° 126/2005, as last amended by the Federal Law BGBl. I n ° 80/2006 and the Federal Ministries of the Federal Ministries of Law 2007, BGBl. I n ° 6, shall be amended as follows:

1. In Section 46 (3) (2), the word order shall be "Court of First Instance" by the word "Landesgericht" replaced.

Section 46 (4) reads as follows:

" (4) The courts are obligated to the Landeshauptmann as well as the Austrian Dentists ' Chamber

1.

the initiation, continuation and exit of proceedings concerning the appointment of a Sachwalters/Sachwalterin and

2.

the termination of a main proceedings under the 1975 Criminal Procedure Code (StPO), BGBl. N ° 631,

without delay, to the extent that members of the dental profession are affected. The same applies to prosecutors in relation to the initiation and termination of an investigative procedure against one of the relatives/members of the dental profession as accused/accused person (§ 48 para. 1 Z 1 StPO). "

3. The following paragraph 3 is added to § 72:

" (3) With 1. January 2008 is replaced by Section 46 (3) (2) and (4) in the version of the Federal Law BGBl. I No 112/2007 in force. "

Article XXI

Amendment of the Dentist Protection Act

The Dental Medical Association Act-ZÄKG, BGBl. I n ° 154/2005, as last amended by the Federal Law BGBl. I n ° 80/2006 and the Federal Ministries of the Federal Ministries of Law 2007, BGBl. I n ° 6, shall be amended as follows:

1. § 9 para. 2 receives the sales designation "(3)" (1) and (2) reads as follows:

" (1) The public prosecutors are obliged to provide the Austrian Dentist Chamber

1.

the initiation and termination of an investigative procedure, and

2.

on the imposition and removal of pre-trial detention

to communicate a member of the chamber. The Austrian Dentistry Chamber is obliged to transfer to the Disciplinary Attorney/Disciplinary Lawyer.

(2) The courts are obliged to make the Austrian Dentist Chamber

1.

from the termination of a main proceedings under the 1975 Criminal Procedure Code (StPO), BGBl. No. 631, against and

2.

from the initiation, continuation and exit of proceedings concerning the appointment of a lawyer/lawyer for

communicate a member of the chamber and make a copy of the final judgment and/or the final judgment Decision to be sent. The Austrian Dentist's Chamber is obliged to transfer the final judgment to the Disciplinary Lawyer/Disciplinary Lawyer. "

2. In § 56 (2) (1) (1), § 69 (5) and § 70 (2) (1) (1), the word order shall be "judicial criminal proceedings" by the phrase "proceedings after the StPO" replaced.

3. In § 69 (3), first sentence, the parenthesis shall be " (§ 39 Criminal Procedure Code-StPO, BGBl. No. 631/1975) "by means of the expression" (§ 58 StPO) " replaced.

4. In Section 70 (3), Section 73 (3), first sentence, and § 87 (2), the parenthesis shall be "(Section 72 (1) of the StPO)" by the expression "(§ 44 (3) first sentence of the StPO)" replaced.

5. In § 73 (3), second sentence, the expression "§ 69 (1) and (2)" by the expression "§ 70 (1) and (2)" replaced.

6. In § 74 (2), second sentence, the expression "§ § 151 to 153 StPO" by the expression § § 155 to 159 StPO " replaced.

7. In § 74 (3), the first sentence shall be the phrase "the district court responsible for mutual legal assistance in criminal matters" by the phrase "the public prosecutor's office responsible for mutual legal assistance in criminal matters" and, in the second sentence, the word "This" by the word "This" , and in the third sentence, replace the word "judicial" .

8. In § 79 (1) the expression "§ 412 StPO" by the expression "§ 197 StPO" replaced.

9. In § 82 (5), first sentence, the word "judicial" .

10. In § 84, in the first sentence, the expression "§ 77 StPO" by the expression "§ § 81 to 83 StPO" and in the second sentence of the expression "§ 54 (3)" by the expression "§ 75 (3)" replaced.

11. In § 89 (3), second sentence, the word order "a requested court" through the phrase "a requested prosecutor's office" replaced.

12. The following paragraph 3 is added to § 126:

" (3) With 1. January 2008 § 9, § 56 paragraph 2 Z 1, § 69 para. 3 and 5, § 70 sec. 2 Z 1 and para. 3, § 73 para. 3, § 74 para. 2 and 3, § 79 para. 1, § 82 para. 5, § 84, § 87 para. 2 and § 89 para. 3 in the version of the Federal Law BGBl. I No 112/2007 in force. "

Article XXII

Amendment of the Wine Act 1999

The Federal Law on the Transport of Wine and Fruit Wine (Wine Act 1999), BGBl. I n ° 141/1999, in the most recent case by the Federal Law BGBl. I No 55/2007, amended as follows:

1. In § 31 (16), the word "Seizure" by the word "Ensuring" replaced.

§ 55 shall be amended as follows:

(a) The heading of § 55 reads as follows:

"Freezing and seizure"

(b) In paragraph 1, after the word "to be seized" the twist "or to ensure" and after the word "Seizure" the twist "or ensure" inserted.

(c) In para. 2, 3 and 4, the following shall be referred to: "Seizure" the twist "or to ensure" and inserted in paragraph 4 in each case after the word "seized" the phrase "or seized" .

(d) In paragraph 5, after the word "confiscated" the twist "or to ensure" inserted.

(e) paragraph 7 reads:

" (7) In the case of the provisional seizure pursuant to para. 1 or 5, the Bundeskellereiinspektion shall immediately notify the District Administrative Authority, but in the case of the freezing of paragraph 1 or 5, the Public Prosecutor's Office shall, however, report on the To report, depending on whether the breach is a criminal offence or an administrative transgressive. In the event of an administrative surrender, the provisional seizure shall be issued if a notice of seizure of the seizure is not issued within four weeks. "

(3) § 56 is amended as follows:

(a) In the title of section 56, after the word "over" the twist "the safe or" inserted.

(b) (1) is:

" (1) The right of disposal of the products and containers seized or seized, wine treatment products, certain substances and objects shall be the Bundeskellereiinspector, and if the infringement constitutes an administrative surrender, the right of disposal shall be Release of the confisceration modesty pursuant to section 55 (7) of the authority which has the seizure. If the infringement is a criminal offence, the right of disposal shall be filed with the Public Prosecutor's Office, from the date of arrival of the report, to the Court of First Instance, from the date of the charge. If the opinion of the Federal Office of Viticulture in Eisenstadt does not provide any information, the Bundeskellereiinspector shall immediately lift the freezing order. If the Bundeskellereiinspector has already reported to the Public Prosecutor's Office about the freezing order, the freezing order has already been ordered or if he has requested a seizure notification or if such a decision has already been issued, he has the following to inform the competent criminal authority without delay of the submission of the complaint. "

(c) In paragraph 2, after the word "confiscated" the twist "or to ensure" and after the turn "provisional seizure" a dash and the word "Ensuring" inserted.

(d) In paragraph 3, after the word "confiscated" the twist "or seized".

(e) paragraph 4 reads:

" (4) The party shall be responsible for caring for the products seized or confiscated by the cellar. Where care is required, the competent authority referred to in paragraph 1 shall be notified in good time. The cellar management of the products seized or seized may only be carried out under the supervision of the Bundeskellereiinspektor. "

(f) (5) reads:

"After the report has been submitted to the public prosecutor's office or after the seizure of the seizure certificate, the Bundeskellereiinspector may only take samples in accordance with Section 53 at the request of the competent criminal authority."

4. In § 57 (6), the words "with the competent public prosecutor or court" by the words "at the competent public prosecutor's office" replaced.

5. In the title of § 64, the word "zopped in" through the turn "drawn-in, security-made" replaced.

6. In § 64 (6), before the word "Seizure" the twist "secured or" inserted.

7. In § 65 (1), the turn-of-the- "Criminal procedure" through the turn " Procedure according to the Criminal Procedure Code 1975, BGBl. No. 631/1975, " replaced.

8. The title of § 68 reads as follows:

"For expired objects seized or seized and their recovery"

9. The following paragraph 5 is added to § 79:

" (5) § § 31 (16), 55, 56, 57 (6), 64 (6), 65 (1) as well as the transcripts of § 64 and § 68 in the version of the Federal Law, BGBl. I No 112/2007 will be 1. Jänner 2008 in force. "

Article XXIII

entry into force

The provisions of Articles I, VI, IX, X and XIII of this Federal Law shall enter into force 1. Jänner 2008 in force.

Article XXIV

Transitional provision

The provisions of criminal law as amended by this Federal Act shall not apply in criminal matters where the judgment in the first instance has been made before its entry into force. However, following the annulment of a judgment as a result of an invalidity complaint, appeal, resumption or renewal of the criminal proceedings, or as a result of an opposition, it is necessary to proceed in accordance with § § 1, 61 StGB (German Criminal Code).

Fischer

Molterer