396. Regulation of the Federal Minister of Justice on the amendment of the ordinance on the implementation of the Public Prosecutor's Act (DV-StAG)

Because of the nature. VII of the Public Prosecutor's Law, BGBl. No. 164/1986, as last amended by the Federal Law BGBl. I n ° 96/2007:

The Ordinary of the Federal Minister of Justice of 16 June 1986 on the implementation of the Public Prosecutor's Law (DV-StAG), Federal Law Gazette (BGBl). No 338/1986, as last amended by the BGBl Regulation. II. No 331/2001, shall be amended as follows:

1. In § 1, the turn "Public Prosecutor's Office" by the word "Public prosecutors" and the turn "§ 2 para. 1" through the turn "§ § 2 (1) and (2a)" replaced.

2. In § 2, the turn "Public Prosecutor's Office" by the word "Public prosecutors" replaced.

3. § 3 together with the title shall be amended as follows:

(a) The heading is:

"Special duties of the heads of the Public Prosecutor's Office"

(b) The word "Head of Government" is going through the turn "Head of the Public Prosecutor's Office" replaced.

4. § 4 shall be amended as follows:

(a) In paragraph 1, the word "Head of Government" through the turn "Head of the Public Prosecutor's Office" replaced.

(b) para. 2 reads:

" (2) The commercial business shall be based on the initial letter of the family name of the accused (first accused) or with regard to the place of crime according to locally defined areas or on the basis of a fixed basis. Distribute the distribution key, possibly by means of a random generator supported by automation, to the units. If the name of the accused is unknown, the name of the victim shall be the decisive factor. "

(c) In paragraph 3, the word "Head of Government" through the turn "Head of the Public Prosecutor's Office" and the turn "Suchtgift-" through the turn "Suchtmittel-, Umwelt-" replaced.

(d) In accordance with paragraph 3, the following paragraph 3a is inserted:

" (3a) In the case of public prosecutors with at least ten systemised public prosecutors, the head of the public prosecutor's office has the processing of proceedings for violence in the social food space (violence in the family, violence in children). or a number of specially trained prosecutors. "

(e) In paragraph 4, the turn shall be: "§ 5 para. 2 StAG" through the turn "§ 5 para. 3 StAG" replaced.

5. § 5 shall be amended as follows:

(a) para. 1 reads:

" (1) The transfer of certain transactions for independent treatment (Section 5 (4) of the StAG) shall be issued by the head of the Public Prosecutor's Office in each case in the distribution of the business. In the business distribution overview to be found in accordance with Section 6 (6) of the StAG (StAG), the transfer of certain transactions for self-employed treatment is not to be explained in detail. "

(b) In paragraph 2, the word "Head of Government" through the turn "Head of the Prosecutor's Office" and the word "Head of Government" through the turn "Head of the Prosecutor's Office" replaced.

6. § 6 (1) reads:

" (1) The offices of the Public Prosecutor's Office and the Oberstaatsanwaltschaften shall be provided with the necessary officials and contract staff for this purpose; they shall be led by the head of the public prosecutor. The assignment of the officials and contract staff shall be carried out by the head of the Chief Public Prosecutor's Office. "

7. In § 7 (3), before the word "Tagebücher" the twist "Investigation files," inserted.

8. § 8 together with headline reads:

" Special provisions on the treatment of reports and advertisements

§ 8. (1) The Public Prosecutor's Office shall receive all the advertisements and reports to which it is responsible for criminal acts, the commission of which is not only to be followed at the request of the victim, and shall establish a diary. Under one of them, it has to invest in an investigative act (§ 34c StAG), unless a procedure can be terminated without further investigation in accordance with Section 197 (2) of the StPO. In the case of initial reports and new advertisements, it is necessary to determine from the register with the help of the register of names whether a criminal case is already pending against the accused or the accused person and the joint leadership (Section 26 (1) of the StPO) is possible. Reports relating to one or more of the accused, against which criminal proceedings have already been brought, shall be taken in accordance with this procedure. They shall only be entered in the register under a new number if it is clear from the outset that a common procedure is not possible or no longer possible.

(2) Where advertisements are presented orally, the Public Prosecutor shall, if he deems them to be justified, or if the scoreboard insists on the indication of the indication of the notice. Next, according to Article 4 (2). The same applies when advertisements and authorization to prosecute for criminal acts, the commission of which can otherwise only be pursued at the request of the victim, against young people (Section 44 (1) of the Youth Court Act 1988) oral , if this is offered for educational reasons or for legitimate interests of the victim beyond the need for retribution.

(3) If a display is reimbursed by telephone, it must first be effective to ensure that it is executed in writing, transmitted electronically or to be recorded in the minutes. If such an attempt is to be considered or unsuccessful, the procedure shall be based on the provisions of paragraph 2.

(4) If the further treatment of an advertisement or report falls within the competence of another Public Prosecutor's Office, the investigative act shall be transferred to the Public Prosecutor's Office. "

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

" Leadership of the investigating act

§ 8a. (1) If an investigative act is applied, this is in a file cover according to StPOForm. A1 (red colour) to unite all reports and pieces of business relating to the same thing on sheets and sheets in the officially introduced paper dimension; liability cases must be marked with the word 'imprisonment'. Pieces of business that consist of more than one bow are to be stitched. The principle of file formation according to the time sequence, which is in a file overview (StPOForm. AÜ1). Are portfolios formed (para. 7), the subject matter and designation shall be given by a map of the portfolio (StPOForm. MIL1).

(2) The file cover of the investigative act is on the front side

1.		with the name of the competent public prosecutor's office, the file number of the public prosecutor's office and the court, the name and date of birth of the accused, the legal short description of the act to be charged and the name of the defendant. ;
2.		in cases of liability, the term "detention" in red colour, the date of arrest, the expiry of a period of detention and the end of pre-trial detention, in each case under the guidance of the exact date, and shall always be updated (after the end of detention, this note should be deleted). Invitations to tender for the purposes of the determination of their residence or for arrest and their revocation shall be entered, together with the relevant order number, together with the number of pages, and shall be deleted if they are revoked.
3.		in proceedings for criminal acts, the date of which the accused persons are kept
a)			More youthful, with a colored "J", or
b)			Young adult was to label with a colored "JE".

(3) On the back of the file cover are notes (name and/or name). File number and date) on the connection of private parties, psychosocial and legal process support, other representatives (§ 73 StPO) as well as on appeals decisions, including judicial decisions on applications pursuant to § § 106, 108 and 195 StPO.

(4) On the inside of the file cover, the fees and costs incurred in the course of the proceedings as well as the arrangement for the payment thereof are to be recorded. If objects or assets have been confiscated in an investigative procedure (§ § 109 Z 2, 115 StPO), the words "seizure ON...." (the order number below which the items, the list of items or the performance reports of the depositary may be in the act, as appropriate, after the name of the folder) must be affixed; this note shall be deleted; as soon as the necessary arrangements are made and carried out on all objects or assets.

(5) Each piece of business shall be provided at the top right of the order number (ON) and, where applicable, with the letter of the corresponding folder. Pages must be numbered within each order number with the number "1", starting with the exclusive use of odd numbers for the front pages. A continuous numbering of the pages of the entire act does not take place. The record recorded during the first interrogation of a person shall be continued in the event of a subsequent hearing, even if other documents have since been taken to the act.

(6) For the traffic with the court in the investigative procedure and for the orders to the criminal police, a statement of order and approval (§ 15a) must be carried out.

(7) Reports and pieces of business may be combined according to the scope of the Act in accordance with thematic criteria (e.g. arrangement and declaration of authorisation, port matters, fees and costs, reports, evidence, classified information, etc.) in folders which are:- in a chronological order-basically in a white envelope (StPOForm). M1), which is to be marked with an upper case. If a folder is created for the arrangement and approval certificate, it is in an envelope in blue (StPOForm). M2) and to be marked with "A". A portfolio for port facilities is in an envelope in red color (StPOForm. M3) to be marked with "H" and a portfolio for fees and cost matters in an envelope in yellow colour (StPOForm). M4) and to be marked with "G".

(8) If file volumes are formed for more extensive files, the order and approval certificate, the file overview and-if available-the map overview shall always be carried out in the last file volume. The same applies to the portfolio for port matters. Where portfolios are kept or connected in other file volumes, this can be seen in the map overview and on the file cover of the relevant tape.

(9) If a procedure is included in another (§ 26 StPO), its investigating act shall be incorporated under a special order number or as a separate portfolio to the act of the procedure to which the joint management is arranged, to which the joint management shall also be They are to be classified into business units which are involved in the procedure involved. In the case of the separation of proceedings (§ 27 StPO), a new investigation act must be applied only if several criminal proceedings are to be carried out simultaneously and therefore an investigative act is required at more than one location. In this case, the pieces of business relating to the separate proceedings must be taken from the original investigative act (to be noted in the file overview), or if necessary, to produce the necessary excerpts or copies.

(10) In addition, the general rules governing the formation of files, in particular sections 371 to 384 of the Rules of Procedure, apply to the courts of first and second instance (Geo.). "

10. § § 9 and 10 are deleted.

11. § 11 reads:

" § 11. (1) Apart from the provision of Section 5 (5) StAG, prosecutors shall be subject to the revision

1.		in the case of a procedure after the 10. and 11. the main part of the StPO, in all orders terminating the proceedings in extradition and surrender procedures, in the case of a provisional resignation from the prosecution pursuant to Section 35 of the SMG, as well as in the case of applications and declarations, which are based on an application of § § 202 or 212 FinStrG;
2.		for indictments and criminal charges (§ 210 StPO), requests for accommodation in an institution for intellectual abnormals (§ 429 para. 1 and 4 StPO), complaints (§ 87 StPO) and legal medics (§ § 280 ff., 344 ff. and 489 StPO);
3.		in the event of withdrawal from the charge prior to the start of the main trial or withdrawal of the indictup, with the simultaneous introduction of a new one (§ 227 StPO);
4.		in the case of all applications for the purposes of Section 101 (2) of the StPO, with the exception of requests for proof (Section 104 (1) of the StPO), applications for seizure and § 33 of the Media Act, the imposition and continuation of pre-trial detention and the withdrawal of such requests;
5.		the separation of proceedings (§ 27 StPO), the assignment of proceedings to another prosecutor's office, applications for the determination of jurisdiction (§ 28 StPO) and the ordering of an autopsy.

(2) The head of the public prosecutor's office or the group leader may have the revision permanently or temporarily, for special reasons, to a greater extent than in accordance with paragraph 1.

(3) In the case of the prosecution in the district courts and in the supervision and management of the district attorneys, the Public Prosecutor shall be subject to the revision only in so far as the head of the Public Prosecutor's Office did not completely or in part release him from it.

(4) In the case of public prosecutors who have been entrusted with certain generally circumscribed tasks and powers for completely self-employed treatment (Section 5 (4) of the Second Case StAG), the revision shall be based on the transfer order of the Head of the Prosecutor's office. The transfer is to be made separately for each public prosecutor and has to take into account the person and experience of the public prosecutor, as well as the importance of the business. In particular, a public prosecutor may be transferred for entirely independent treatment:

1.		individual procedural acts referred to in paragraph 1 (1) (1) to (3);
2.		the acts referred to in paragraph 1 (1) (1) to (3) relating to certain categories of criminal matters (e.g., road transport offences, or, all criminal matters, other than economic and addictive criminal cases), or
3.		the procedural acts referred to in paragraph 1 (1) (1) to (3) in relation to a particular type of criminal act (e.g., "offending").

(5) As far as the First Deputy and Group Leader are also entrusted with the management of a reference, they are subject to the scope of § 5 paragraph 5 StAG of the revision, which can also be transferred to another First Deputy or Group Leader.

(6) The above provisions shall apply, subject to a different order of the conducting prosecutor, not for procedural acts in accordance with subsection 1 Z 4 and 5 as well as for applications for provisional holding (§ 429 para. 4 StPO), complaints (§ 87 StPO) and Right of appeal (§ § 280 ff., 344 ff. and 489 StPO) of the public prosecutor (§ 6a StAG), which must be carried out without delay due to the urgency of the matter.

(7) The transfer orders of the Head of the Public Prosecutor's Office (paragraph 1). 4) are to be summed up every year and should be presented with the business distribution of the Chief Public Prosecutor. "

13. § 12 together with the title is as follows:

" Charges of organs of criminal police as witnesses and delivery

§ 12. (1) Charges of organs of the criminal police for questioning as witnesses are-if possible-to be delivered via their superiors.

(2) For deliveries by Swiss Post, envelopes with a return note are to be used only if proof of delivery is required or is to be delivered to their own handees. "

14. § 13 deleted.

15. § 14 shall be amended as follows:

(a) in paragraph 1, the citation shall be "§ 8 StAG" by quoting "§ § 8 and 8a StAG" and the word "Head of Government" through the turn "Head of the Prosecutor's Office" replaced.

(b) in paragraph 2, before the turn "in advance" the twist "after consultation with the head of the prosecutor's office" inserted.

(c) in paragraph 3, the word "Strafact" through the turn "Investigation or Strafact" replaced.

(d) in paragraph 4, the citation shall be "§ 8 (1) StAG" by quoting "§ § 8 (1) and 8a (2) StAG" replaced.

(e) in paragraph 5, the citation shall be "§ 8 (1) StAG" by quoting "§ § 8 (1) and 8a (2) StAG" replaced.

16. § 15 shall be amended as follows:

(a) The heading is:

"Application in court and representation in negotiations and meetings"

(b) (1) is:

" (1) Applications and declarations shall, in principle, be submitted or made in writing, outside of negotiations and meetings, and, if possible, until the legal force of the judgment, using the Arc. Arc. and the Arc. § 101 (3) of the StPO applies to applications in the investigation procedure, whereby in urgent cases, in particular during the call-up and the journal service, they can be forwarded provisionally orally (§ § 81 (1), 102 (1) of the StPO). The investigating act is the court over whose request, in the case of applications in the investigation procedure (§ 101 para. 2 of the StPO), opinions in proceedings concerning complaints (§ § 88 and 89 StPO), appeals for legal infringement (§ 106 StPO), requests for hiring of the proceedings (§ 108 StPO) or the continuation of the proceedings (§ 195 StPO) as well as with the introduction of the prosecution. "

(c) The following paragraph 1a is inserted:

" (1a) Arrangements requiring a judicial authorisation shall be sent to the court in the number of copies required for service to the parties concerned. In the case of the authorization, the court shall have the appropriate copies of its authorization to be returned to the public prosecutor's office. "

(d) In paragraph 2, the word "Head of Government" through the turn "Head of the Prosecutor's Office" replaced.

(e) In paragraph 3, the second sentence shall be deleted; the last sentence shall be:

"However, the resignation of the prosecution and the renunciation of legal remedies can be reserved by general or special disposition of the head of the public prosecutor's office or the group leader of the revision; § 8 para. 3 StAG shall remain unaffected."

(f) In paragraph 4, the word "Detention examination" by "Detention" replaced.

17. According to § 15, the following § 15a and heading is inserted:

" Arrangement and approval certificate

§ 15a. (1) All orders issued by the Public Prosecutor's Office, as well as applications, declarations, notices, transcripts and charges in the traffic between the Public Prosecutor's Office and the Court of First Instance shall be placed on the Arc of Consent for which the StPOForm is used. StA 7 is to be used. The order and approval certificate shall always be given the order number 1. The entries have to correspond exactly to the time sequence. Applications for the authorisation of compulsory funds (§ § 101 (3), 105 (1) of the StPO), the indictup or the application for criminal proceedings, the written application and execution of an appeal by the Public Prosecutor's Office, the withdrawal of such a person and extensive Letters must be mentioned in the order and approval certificate, but should be treated as an independent serial number. The same applies to extensive writing and accusations of the court.

(2) The order and approval certificate shall be used up to the legal force of the judgment and, even if it is continued on several arches, shall constitute a single serial number. The entries have to correspond exactly to the time sequence.

(3) If the investigative act is sent to authorities, departments or experts for inspection, the order and approval certificate shall be taken for the duration of the transmission to the public prosecutor's diary. In the case of mutual legal assistance to other public prosecutors and courts, a copy of the order and approval certificate shall be taken to the diary; in the same way the case may be dealt with in the case of more extensive files if the investigative act is to: Court referred to in paragraph 1 above.

18. § 16 shall be amended as follows:

(a) In paragraph 1, the turn shall be: "," SG "(Narcotic Criminal Matters)" through the turn "," SM "(Narcotic Criminal Matters)" replaced.

(b) para. 2 reads:

" (2) Apart from the information required in accordance with § 34 StAG, only those entries which are necessary in order to enable a rapid overview of the process and progress of the procedure must be included in the diary (e.g. the date of the arrival of the documents, reports and the act of investigation or judicial act and its transmission to the court; date and name of the execution taken). "

(c) In paragraph 3, the word "disposing column" by "Order Column" and the twist "Group or Head of Government" through the turn "Group leader or head of the public prosecutor's office" replaced; the following sentence is added:

"Draft documents shall be presented in the diary of the institution entrusted with the revision; the original document which it has produced shall be taken into account for the purpose of the act of inquiry (order and approval certificate)."

19. In § 17 (1), the turn-of-the- "Public Prosecutor" by the word "Public prosecutors" replaced.

20. § § 18 to 20, together with headline:

" Register

§ 18. (1) The following registers shall be kept in the case of the public prosecutor's office:

1.		,, Jv " for judicial administrative matters,
2.		'St' ' (main register of the public prosecutor's office) for complaints and reports against certain persons or associations in the case of criminal offences for which the national court would have jurisdiction in the main proceedings and whose commission is not only available at the request of the victim , appropriate independent (objective) procedures, as well as for extradition and surrender procedures,
3.		"BAZ" for advertisements and reports against certain persons or against unknown perpetrators in proceedings for offences for which the district court would be responsible in the main proceedings and whose commission is not only to be followed at the request of the victim, and appropriate independent (objective) procedures,
4.		", UT" for all advertisements and reports against unknown perpetrators of criminal offences, for which the Regional Court would be responsible in the main proceedings and whose commission is not only to be prosecutated at the request of the victim,
5.		"HSt" for domestic and foreign mutual assistance requests, file inspection and file transfer,
6.		,, "Pers" for personnel matters and
7.		, 'NSt' (General Register) for all transactions not referred to in another register.

(2) In the case of the Oberstaatsanwaltschaften, the following registers shall be kept:

1.		,, Jv " for judicial administrative matters,
2.		, "Pers" for personnel matters,
3.		"HSt" for file submissions,
4.		, "OstA" for all other matters.

Special provisions for the main register of the Prosecutor's Office (,, St ")

§ 19. The following provisions shall apply to the "St" register:

1.		The register shall be carried out in the event of a criminal offence; even if several persons are involved in a criminal offence or if several offences are charged to a accused person, the case shall be entered below a number of registers; the number of persons covered by this number shall be the number of persons covered by the register. To state in the usual abbreviation the accused, under continuous numbers and all the offences committed by each of the accused persons, by means of the law enforcement.
2.		Further reports or addends are always to be recorded in the first instance up to the judicial execution of the criminal case, by supplementing the previous registration. However, once the prosecution has been filed, the Public Prosecutor shall have the separate registration of the report or the notice of night rags, if an extension of the charges is not considered.
3.		Accused of having to apply, at least in part, the 1988 Juvenile Justice Act, have been charged with the corresponding identifier for young people and/or young people. for young adults.
4.		The legal seizure is to be made visible in the remarks column by the word, "seizure". The decision on the application for confiscation pursuant to § 33 of the German Media Act is to be made visible in addition to the otherwise prescribed entries.
5.		The delivery and transfer procedures must be determined by the corresponding method steps.
6.		If a criminal proceedings are brought against known and unknown perpetrators at the same time, the words "UT" or "UT" shall be the case for all unknown perpetrators. to set the checkbox "Name unknown".
7.		In the case of cases of detention, the day on which the accused person was arrested and the day on which the custody of the person in custody have been imprised shall be recorded. If the accused is released, the procedural steps to be taken are to be recorded.
8.		At the end of the investigation procedure after the 10. or 11. The main part of the StPO is to lead the applied legal provision and to mark the criminal case as terminated (to be deleted).
9.		If the proceedings are to be terminated against a defendant as a result of his death, this shall be made clear in the registration of the date of death.
10.		The application and execution of legal remedies against the judgment shall be indicated by indicating the date of the application and execution, the decision of the second instance by indicating the day and the number of business.

Special provisions for the register, 'UT'

§ 20. (1) The "UT" register is used for the distortion of criminal cases in which the offender is unknown. If, in proceedings against a known offender, it is subsequently discovered that the perpetrator is not considered to be a perpetrator and that the offence has been committed by an unknown perpetrator, a new entry into the register shall be made.

(2) If the victim is known, it must be recorded in the register; in the case of unknown victims, the deed is to be called, for example, "Male Kindesleiche".

(3) At the end of the investigation procedure after the 10. The main part of the StPO or execution in other ways, e.g. by assignment to the competent public prosecutor's office, is to mark the criminal case as terminated (to be deleted).

(4) If the offender is later known, the criminal case shall be re-entered in the Register "St" and the St-Number shall be added. "

21. According to § 20, the following § 20a and heading is inserted:

"Special provisions for the register,, BAZ"

§ 20a. In the case of criminal proceedings for which the district court would have jurisdiction in the main proceedings, the "BAZ" register shall be carried out in the appropriate application of § § 19 and 20 in the investigation and main proceedings. "

22. § § 21 and 22, including the headline:

Special provisions for the general register, 'NSt'

§ 21. In particular, the register "NSt" shall be entered in the register:

1.		Criminal enforcement matters,
2.		The official acts of the prosecutor,
3.		business cases in civil cases,
4.		Other business.

Name directories for the registers

§ 22. In each business unit, a list of names must be held in respect of the registers referred to in § 18, in which all parties involved in the procedure, in the case of natural persons, at least under the guidance of their first and family names and date of birth, must be entered in the list. . The use of technical assistance facilities shall be permitted. "

23. According to § 22, the following § 22a together with the heading is inserted:

" VJ-Online Manual

§ 22a. In addition, the instructions in the "VJ-Online-Handbuch" of the Federal Ministry of Justice (§ 80 para. 3 GOG) apply to the register management of the Public Prosecutor's Office. "

24. § 23 is amended as follows:

(a) In paragraph 1 (1), the term "Follow-up orders" through the turn "compliance and payment orders" shall be replaced by the last half-sentence.

(b) In paragraph 1 (2), the turn shall be: "competent authorities" through the turn "the Supreme Prosecutor's Office or the Federal Ministry of Justice" replaced.

(c) In paragraph 1, Z 3 shall be taken before the word "Indictress" the twist "Orders," inserted and in the last sentence the turn "Authorities or Group Leader" through the turn "Head of the Public Prosecutor's Office or the Group Leader" and the parenthesis "(§ 5 (3) StAG)" by the parenthesis expression "(§ 5 para. 4 StAG)" replaced.

(d) In paragraph 3, the turn shall be: "Public Prosecutor" by the word "Prosecutor's Office" replaced.

25. In § 26, the word "para. 1" and "para. 6" "Authority" by the word "Prosecutor's Office" , as well as the turn in paragraph 6 "Public Prosecutor" by the word "Prosecutor's Office" replaced.

26. § 27 shall be amended as follows:

(a) In paragraph 2, before the word "Tagebücher" the twist "Investigation files," inserted.

(b) In paragraph 3, Z 1, the turn shall be "Judicial criminal proceedings" by the word "Investigation procedure" replaced.

(c) In paragraph 3, Z 3 shall be included in the lit. b by the word "Business Statements" set a point; the word "and" and the lit. c.

27. § 28 shall be amended as follows:

(a) In the heading shall be held before the word "Tagebücher" the twist "Investigation files," inserted.

(b) In paragraph 1, in Z 1 before the word "Tagebücher" the twist "Investigation files," inserted, in which Z 2 the turn "imposed authorities" through the turn "supervisors" and the phrase "public prosecutors" are replaced by "public prosecutors".

(c) In paragraph 1 Z 3, the turn shall be deleted "St, UT, OStA, Jv and Pers" .

(d) para. 2 reads:

" (2) Investigation files whose cover or cover bears one of the endorsements referred to in Article 8a (2) (2) (2) shall not be transferred to the file, as long as this endorsement is not crossed out or the public prosecutor's office in the case of a righthand The investigation procedure (§ 197 StPO) did not take place. "

28. In § 29, the first and second para. 2 are as follows:

"(1) In the case of automated assisted registration, it is necessary to ensure that, in the case of the public prosecutors, each month a report, ordered by reference, on the persons concerned and on the criminal cases still pending (" St "," UT "," BAZ "," HSt ", and "NSt") and the status of the "NSt". The same applies to the Oberstaatsanwaltschaften with regard to their own criminal cases ("HSt" and "OStA") and those of the respective subordinated prosecutors.

(2) The supervisory prosecutor shall have all the monthly reports of the "BAZ" units assigned to him, the group leader, to examine the units assigned to the group's group. In any case, the head of the public prosecutor's office is to be informed of conspicuity. "

29. According to § 30, the following § § 30a and 30b with headline are inserted:

" Revisors to the Public Prosecutor's Office

§ 30a. (1) The Revisors shall examine requests for fees from experts and interpreters appointed by the Public Prosecutor's Office in the investigation procedure and shall submit their comments within a specified period. If the amount of the requested fee exceeds the actual amount due, objections must be raised in due time (Section 52 of the Fees Act 1975). Otherwise, it is necessary to give a favourable opinion or to dispense with objections before the end of the period.

(2) Revisors shall be provided with copies or clearings of those parts of the file which are necessary for the examination of the amount of the fees or costs claimed; on request, they shall be informed of the act of inquiry, with the exception of: To grant classified information and other parts of the file which the Public Prosecutor has expressly excluded from the inspection of the file.

(3) Each auditor shall, by 31 March, report to the Chief Public Prosecutor's Office a report on his perceptions on the occasion of his audit work as referred to in paragraph 1 in the past year, and shall take the necessary measures to ensure that the auditor has Arrangements in order to eliminate the perceived defects.

Payment of fees

§ 30b. Orders of the Public Prosecutor's Office for the payment of fees from official funds shall be addressed to and carried out by the competent authorities of the respective state courts. "

30. In § 31 (2), word "Court of Justice" by the word "State Courts" replaced.

31. § 32 deleted.

32. In § 33, the turn is given in paragraph 1. "§ 18 (1) StAG" through the turn "§ 179 (1) RStDG" replaced.

33. In § 34, the turn of paragraph 1 shall be: "§ 19 (1) StAG" through the turn "§ 180 (1) RStDG" and in paragraph 3, the turn "§ 25 (6) StAG" through the turn "§ 186 (6) RStDG" replaced.

34. In Section 36 (2), in Z 5, the citing quote "(§ 19 (2) StAG)" by the citing quote "(§ 180 para. 2 RStDG)" and in Z 6 the stapled quote "(§ 25 (6) StAG)" by the citing quote "(§ 186 (6) RStDG)" replaced.

35. The headline of the ninth section reads:

"Special Provisions for District Attorneys"

36. § 41 shall be amended as follows:

(a) In paragraph 1, the turn shall be: "District Judicial Procedure" through the turn "Proceedings for offences for which the district court would be responsible in the main proceedings" and the word "Statement" by the word "Approval" replaced.

(b) para. 2 reads:

" (2) The head of the public prosecutor's office may also be a district attorney in individual cases and, if the district attorney has successfully filed the district attorney examination and has the appropriate suitability as well as a longer successful use, also general the self-employed treatment of certain transactions, in particular the position of criminal charges, the carrying out of supplementary undertakings on behalf of the supervisory prosecutor and the arrangement of the payment of fees. However, with the exception of the position of criminal proceedings and a refraction of the investigation procedure against unknown perpetrators in accordance with § 197 StPO, the procedural acts referred to in § 11 (1), the appointment of an expert, the treatment an application for recruitment (§ 108 StPO), an appeal for infringement of the law (§ 106 StPO), an application for the continuation of the proceedings (§ 195 StPO) and the continuation of the proceedings pursuant to Section 193 (2) and (3) of the StPO, not to the self-employed treatment. "

37. § 42 shall be amended as follows:

(a) in the heading shall be taken before the word "Show" the twist "Reports and" inserted.

(b) in paragraph 1, before the word "Show" the twist "Reports and" inserted.

(c) para. 2 and para. 3 are:

" (2) If the district attorney considers that the reported or displayed facts are due to the suspicion of an offence to be committed by the district authority, which would fall within the jurisdiction of the regional court in the main proceedings, he/she has the To present an act of investigation immediately to the supervisory authority. "

(3) Insofar as an order has not been made available pursuant to section 41 (2), the district attorney shall obtain a permit from the supervisory prosecutor before all orders, requests and statements. In doing so, he has to reimburse the dismissal proposals in the diary and to transmit this (investigative) act to the supervisory prosecutor. Those proposals shall, in so far as it is not apparent in the circumstances of the case, constitute a short justification; instead, a draft discharge may be attached. "

(d) (4).

38. § 43 together with headline reads:

" Experience

§ 43. All written accusations of the district attorney, other than correspondence with the supervisory prosecutor, have to contain in the head of the execution the address of the public prosecutor's office or of the competent district court and are with a The following words shall be added:

, prosecutor's office ....

The district attorney

Business Department [No].

Before and surname

(District Attorney) or (District Attorney) "."

39. In § 44, para. 1 and 2 are as follows:

" (1) Outside the main hearing, applications shall be made in writing and declarations shall be made in writing. The time of the arrival of business items is to be assessed by the district attorney by means of Stampiglie. "

(2) In order to submit a waiver of appeal in the main hearing, the district attorney is empowered to the extent that he has been authorized to do so on the basis of a disposition within the meaning of Section 41 (2). If he has not made a declaration of appeal, he shall, within three days, obtain a instruction on whether an appeal is to be made and, if appropriate, to register it in due time. "

40. § 45 deleted.

41. § 46, together with headline:

" Investigation and registration

§ 46. If no separate office is set up for the district attorney, he/she shall carry out their duties, in particular the conduct of the investigation act, diary and register. "

42. § 49 (1) reads:

" (1) The office of the General Procuration shall be provided with the necessary officials and contract staff, who shall be under the supervision of the Head of the General Procuration and shall be led by a head of the General Procuratorate. "

43. § 50 shall be amended as follows:

(a) The Z 3 shall read as follows:

" 3.		"Gw" for matters of § § 23 para. 1, 25 para. 4, 28, 362 para. 1 Z 2, 363a para. 2 StPO, "

b) In the Z 4, before the word "Lawyers" the twist "Prosecutors," inserted.

(44) The following paragraph 3 is added to § 53:

" (3) The provisions of § § 1 to 8a, 11, 12, 14 to 23, 26 to 29, 30a, 30b, 31, 33, 34, 36, 41 to 44, 46, 49 and 50 as well as the headline of the Ninth Section in the version of the Regulation of the Federal Minister of Justice, BGBl. II No 396/2007, as well as the removal of § § 9, 10, 13, 32 and 45, 1. Jänner 2008 in force. "

Berger