Machine Translation of "Amendment Of The Code Of Criminal Procedure 1975, Of The Penal Code, The Juvenile Court Act 1988 And Of Financial Crimin..." (Austria)

Amendment Of The Code Of Criminal Procedure 1975, Of The Penal Code, The Juvenile Court Act 1988 And Of Financial Criminal Law

Original Language Title: Änderung der Strafprozessordnung 1975, des Strafgesetzbuches, des Jugendgerichtsgesetzes 1988 und des Finanzstrafgesetzes

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93. Federal Law, with which the Code of Criminal Procedure in 1975, the Criminal Code, the Law on Juvenile Justice in 1988 and the Financial Criminal Law are amended

The National Council has decided:

table of contents

Item	Subject matter
I	Amendment of the Code of Criminal Procedure in 1975
II	Amendment of the Criminal Code
III	Amendment of the Youth Court Act 1988
IV	Amendment of the Financial Criminal Law
V	entry into force
VI	Transitional provision

Article I

Amendment of the Code of Criminal Procedure in 1975

The Code of Criminal Procedure in 1975, BGBl. No. 631/1975, as last amended by the Federal Laws of Law BGBl. I No 19/2004 and No 102/2006, is hereby amended as follows:

1. The table of contents is:

table of contents

Part 1
General principles and principles of the procedure
1. Main item
The criminal procedure and its principles
§ 1	The criminal procedure
§ 2	Independence
§ 3	Objectivity and Truth Research
§ 4	Charges
§ 5	Law and proportionality
§ 6	Legal hearing
§ 7	Right of defence
§ 8	Presumption of innocination
§ 9	Acceleration bid
§ 10	Participation of victims
§ 11	Sworn and Schöffen
§ 12	Oral and public
§ 13	Immediacy
§ 14	Free evidence
§ 15	Preliminary Questions
§ 16	Prohibition of deterioration
§ 17	Prohibition of repeated prosecution
2. Main piece
Criminal police, prosecutor's office and court
Section 1
Criminal police
§ 18	Criminal police
Section 2
Public prosecutors and their responsibilities
§ 19	General
§ 20	Prosecutors
Section 21	Prosecutor's Office
Section 22	General Procuration
Section 23	Invalidity complaint for the protection of the law
§ 24	Opinions of public prosecutors
Section 25	Local competence
Section 26	Link
§ 27	Separation of procedures
§ 28	Determination of competence
Section 3
Courts
§ 29	General
§ 30	District Court
Section 31	National Court
Section 32	County court as jury and jury
§ 33	Oberlandesgericht
Section 34	Supreme Court
§ 35	Form of judicial decisions
§ 36	Local competence
Section 37	Responsibility of the relationship
§ 38	Competence Conflict
§ 39	Delegation
§ § 40 to 42	Chairmanship and vote in the senates
Section 4
Exclusiveness and partiality
Section 43	Exclusion of judges
Section 44	Display of exclusivity and request for rejection
§ 45	Decision on exclusion
Section 46	Exclusive of jurors, spoons and log guides
§ 47	Prisoner of Criminal Police and Public Prosecutor's Office
3. Main piece
Accused and defender
Section 1
General
§ 48	Definitions
Section 2
The Accused
§ 49	Rights of the accused
§ 50	Legal instruction
§ § 51 and 52	File View
Section 53	File View Procedure
§ 54	Prohibition of publication
§ 55	Requests for evidence
§ 56	Translation Assistance
Section 3
The defender
Section 57	Rights of the Defender
§ § 58 and 59	Empowerment of the defender
§ 60	Exclusion of the defender
Section 61	Forgiveness of a defender
Section 62	Order of a Defender
§ 63	Freewheel Run
Section 4
Liability Participants
Section 64	Liability Participants
4. Main piece
Victims and their rights
Section 1
General
Section 65	Definitions
Section 2
Victims and private persons
Section 66	Victims ' Rights
Section 67	Private Participation
Section 68	File View
Section 69	Private claims
Section 70	Right to information
Section 3
Private Prosecutor and Subsidiary
Section 71	Private prosecutor
Section 72	Subsidiary aranger
Section 4
Representative
Section 73	Representative
5. Main piece
Common provisions
Section 1
Use of information technology
Section 74	Using Data
§ 75	Reporting, deleting, and locking data
Section 2
Office and legal assistance, file inspection
Section 76	Official and legal assistance
Section 77	File View
Section 3
Display duty, display and attachment law
§ § 78 and 79	Notification duty
§ 80	Display and attachment real
Section 4
Notice, delivery and time limits
§ 81	Notice
Section 82	Delivery
Section 83	Types of delivery
Section 84	Deadlines
Section 5
Decisions and complaints
§ 85	General
§ 86	Decisions
§ 87	Complaints
Section 88	Complaints procedure
§ 89	Proceedings before the Court of Appeal
6.
Enforcement of fines and custodial sentences
§ 90	Enforcement of fines and custodial sentences
2. TEIL
The investigative procedure
6. Main piece
General
Section 1
Purpose of the investigation
Section 91	Purpose of the investigation
§ 92	Law enforcement authorisation
Section 2
Enforced violence and predators, disciplinary penalties
Section 93	Forcibly violence and prey
Section 94	Penalties
Section 3
Logging
§ 95	Official note
§ 96	Log
Section 97	Sound and image recording
7. Main piece
the tasks and powers of the criminal police,
the public prosecutor's office and the court
Section 1
General
Section 98	General
Section 2
Criminal police in the investigation
§ 99	Investigations
§ 100	Reports
Section 3
Prosecutor's office in the investigation
§ 101	Tasks
Section 102	Arrangements and approvals
Section 103	Investigations
Section 4
Court of investigation
Section 104	Judicial evidence
Section 105	Authorisation of compulsory resources
§ § 106 and 107	Appeal for breach of law
Section 108	Request for setting
8. Main piece
Investigative measures and taking of evidence
Section 1
Seizure, seizure, information on bank accounts and banking transactions
Section 109	Definitions
§ § 110 to 114	Ensure
§ 115	Seizure
Section 116	Information on bank accounts and banking transactions
Section 2
Identification of identity, search of places and objects, search of persons, physical examination and molecular genetic examination
Section 117	Definitions
Section 118	Identity determination
§ § 119 to 122	Search of places and objects as well as persons
§ 123	Physical examination
Section 124	Molecular genetic investigation
Section 3
Experts and interpreters, corpses and autopsy
§ 125	Definitions
§ § 126 and 127	Experts and interpreters
§ 128	Leichenbeschau and Obduction
Section 4
Observation, covert investigation and apparent business
Section 129	Definitions
§ 130	Observation
Section 131	Hidden investigation
Section 132	Apparent Business
§ 133	Common provisions
Section 5
Seizure of letters, information on the data of a message transmission and monitoring of messages and persons
Section 134	Definitions
§ 135	Seizure of letters, information on data of a Message transmission and monitoring of messages
§ § 136 to 140	Optical and acoustic monitoring of persons
6.
Automation-supported reconciliation
Section 141	Reconciliation
Section 142	Implementation
Section 143	Obligation to contribute
Section 7
Religious secrecy and professional secrecy
Section 144	Protection of religious secrecy and professional secrecy
8. Section
Special implementing measures, legal protection and compensation
§ 145	Special implementing provisions
§ § 146 and 147	Legal protection
§ 148	Compensation
Section 9
Eye view and Tatreconstruct
§ 149	Eye view and Tatreconstruct
Section 150	Implementation of the Tatreconstruct
Section 10
Inquiries and interrogations
Section 151	Definitions
Section 152	Explorations
Section 153	Interrogations
Section 154	Witness and truth
§ 155	Prohibition of questioning as a witness
Section 156	Exemption
§ § 157 and 158	Denial of evidence
Section 159	Information and invalidity
§ § 160 and 161	Performance of the hearing
Section 162	Anonymous statement
Section 163	Comparison
Section 164	Questioning of the accused
Section 165	Contradictoric testimonial of the accused or a witness
Section 166	Prohibition of evidence
9. Main piece
Detention, arrest and detention
Section 1
Fahndung
Section 167	Definitions
§ § 168 and 169	Fahndung
Section 2
Arrest
§ 170	Admissibility
Section 171	Arrangement
Section 172	Implementation
Section 3
Custody
Section 173	Admissibility
§ 174	Imposition of pre-trial detention
§ 175	Detention periods
Section 176	Detention
Section 177	Removal of pre-trial detention
Section 178	Maximum duration of pre-trial detention
§ 179	Provisional probation aid
§ § 180 and 181	Deposit
Section 4
Execution of pre-trial detention
§ 182	General
Section 183	Place of detention
Section 184	Runs
§ 185	Separate maintenance
Section 186	Clothing and commodities
§ 187	Work and work remuneration
Section 188	Transport with the outside world
§ 189	Responsibility for decisions
3. TEIL
Termination of the investigation
10. Main piece
Recruitment, demolition and continuation of the investigation
§ 190	Recruitment of the investigative procedure
Section 191	Adjustment due to minor
§ 192	Recruitment of several offences
Section 193	Continuation of the procedure
§ 194	Understandings
§ 195	Request for propagation
§ 196	Decision of the Higher Regional Court
§ 197	Refraction of the investigative procedure against absenteent and against unknown perpetrators
11. Main piece
Resignation from the Persecution (Diversion)
§ § 198 and 199	General
§ 200	Payment of an amount of money
§ § 201 and 202	Non-profit-making
§ 203	Trial Time
Section 204	Tatbalancing
§ 205	Subsequent continuation of criminal proceedings
§ 206	Rights and interests of the injured party
§ 207	Information of the accused
§ § 208 and 209	Common provisions
4. TEIL
Main and appeal procedures
12. Main piece
The indictup
Section 1
General
Section 210	The indictup
Section 2
The indictup
Section 211	Content of the indictress
§ § 212 and 213	Objection to the indictof the indictup
§ § 214 and 215	Proceedings before the Higher Regional Court
13. Main piece
Preparations for the main negotiation
§ § 220 to 227
14. Main piece
Main hearing before the regional court as a public court and appeal against its verdicts
I. Main negotiation and judgment
1. Public of the Main Negotiation
§ § 228 to 231
2. Officers of the Chairperson and the Schöffengericht during the main hearing
§ § 232 to 238
3. Start of the main negotiation
§ § 239 to 244
4. interrogation of the defendant
§ 245
5. Evidence
§ § 246 to 254
6. Lectures of the parties
§ § 255 and 256
Judgment of the Court of Justice
§ § 257 to 267
8. Annunciation and copy of the judgment
§ § 268 to 270
9. Log Guide
§ § 271 and 272
10. Vertagung of the main negotiation
§ § 273 bis 276a
11. incidents
§ § 277 to 279
II. Appeal against the verdict
§ § 280 to 296a
1. Procedure in the event of invalidity complaints
§ § 284 to 293
2. Procedures for appointments
§ 294 to 296a
Part 5
Special procedures
15. Main piece
Main hearing before the regional court as jury and appeal against its verdicts
I. General provisions
§ § 297 to 301
II. Main hearing in front of the jury
1. General provisions
§ § 302 and 303
2. Start of the main negotiation
§ § 304 and 305
3. Evidence
§ § 306 to 309
4. Question to the jurors
§ § 310 to 317
5. Lectures of the parties; conclusion of the trial
§ § 318 and 319
6. Election of the Observer of the jury; legal instruction by the Chairman
§ § 320 to 323
7. Consultation and voting of the jury
§ § 324 to 331
8. Improve the truth of the jurors
§ § 332 and 333
9. Further procedures up to joint deliberation on the penalty
§ § 334 to 337
10. Joint Consultation on the Punishment
§ § 338 and 339
11. Annunciation of the Truth and the Judgment
§ § 340 and 341
12. Production of the judgment, log guidance
§ § 342 and 343
III. Appeals against verdicts of the jury
§ § 344 to 351
16. Main piece
Resumption and renewal of the criminal proceedings as well as re-establishment of the previous status
I. Resumption of proceedings
§ § 352 to 363
II. Renewal of criminal proceedings
§ § 363a to 363c
III. Reinstatation of the expiry of time limits
§ 364
17. Main piece
Procedure on private-law claims
§ § 365 to 379
18. Main piece
Costs of criminal proceedings
§ § 380 to 395a
19. Main piece
Enforcement of judgments
§ § 396 to 411
20. Main piece
Proceedings against absent
Absence procedure
§ 427
21. Main piece
Procedures for preventive measures and for the depletion of enrichment, decay and confiscation
I. From the procedure for accommodation in an institution for intellectual abnormals in accordance with § 21 (1) of the StGB
§ § 429 to 434
II. From the procedure for accommodation in an institution for mental abnormals in accordance with § 21 para. 2 of the StGB, in an institution for right-breakers in need of reconciliation in accordance with § 22 of the German StGB (German StGB) or in a Anstalt für Hazerfallstäter pursuant to § 23 StGB (German StGB)
§ § 435 to 442
III. The procedure in the depletion of enrichment, decay and confiscation
§ § 443 to 446
22. Main piece
Proceedings before the District Court
I. indictof
§ § 448 and 449
Section 1
Main proceedings
§ § 450 to 459
2, section
Appeal against judgments of the District Courts
§ § 463 to 481
23. Main piece
Proceedings before the regional court as a single judge
§ § 483 to 491
24. Main piece
Procedures for conditional punitive review, conditional review of preventive measures, issuing of instructions and order of probation assistance
I. Conditional review of a sentence, placement in an institution for right-breakers in need of reconciliation and a legal order
§ § 492 and 493
II. Issuing of instructions and arrangement of probation assistance
§ 494
III. Revocation of conditional Forbearers
§ § 494a to 496
IV. Final Forbearable
Section 497
V. Common provisions
§ 498
25. Main piece
Exercise of criminal jurisdiction over soldiers in peace
§ § 499 to 506
26. Main piece
Gnadening
§ § 507 to 513

1a. § 20 (2) reads:

" (2) investigations, orders and other procedural acts in the case of criminal offences for which the district court would have jurisdiction in the main proceedings, as well as the representation of the indictment before the district courts may be subject to the conditions laid down in the Prosecutors ' law will be transferred to county lawyers who are under the supervision and management of prosecutors. "

2. In § 26 (2), the second sentence reads:

" Furthermore, the Public Prosecutor's Office, which is responsible for the investigation procedure for a criminal offence for which the Regional Court would be responsible as a jury or jury trial in the main proceedings, draws the proceedings for other offences in itself; in the case of the Moreover, the responsibility for the immediate offender, although none of these cases is present, decides on the occurrence of the occurrence. "

3. In § 30 (1) the list reads as follows:


" 1.		(§ 105 StGB),
2.		of the persecration of the dangerous threat (§ 107 StGB),
3.		of the perseverance of persecuted persecution (§ 107a of the StGB),
4.		the failure of the grossly negligent impairment of creditor interests (§ 159 StGB),
5.		the passage of the negligent illicit handling of nuclear material, radioactive substances or radiation equipment (§ 177c StGB),
6.		the failure of the negligent impairment of the environment (§ 181 StGB),
7.		the failure of the negligent environmentally hazardous treatment of waste (§ 181c StGB),
8.		the failure of the grossly negligent environmentally hazardous operating of plants (§ 181e StGB),
9.		of the infringement of the pornographic representation of minors (§ 207a para. 3 1. Case StGB) and
10.		the demise for which the regional court is responsible for special provisions. "

4. § 31 (4) Z 2 reads:


" 2.		referred to in Article 30 (1) (1) (1) to (9), "

(5) § 32 is amended as follows:

(a) In paragraph 3, the turn-of-the-turn "352," .

(b) In paragraph 4, the citation shall be given in the bracket "XIX" by the number "15" replaced.

6. In § 66 para. 1 Z 4, the citation shall be given in the bracket "208 (4)" by quoting "208 (3)" replaced.

7. In § 70 para. 2 Z 4 the citation shall be given in the clamp "§ 229 (2)" by quoting "§ 229 (1)" replaced.

8. § 72 is amended as follows:

(a) In paragraph 2, the second sentence after the turn "to the main negotiation" the twist "despite proper cargo" inserted.

(b) In the first sentence of paragraph 3, the turn shall be: "fourteen days" through the turn "One Month" shall be replaced and inserted after the first sentence of the following sentence:

"The same applies if the private operator has not been charged for the main negotiation or his cargo has not been designated, without having waived it."

9. In § 76, the following paragraph 2a is inserted after the second paragraph of paragraph 2:

" (2a) If a request from a public prosecutor's office for an official or legal assistance is not or is not fully complied with by an requested court, the Higher Regional Court of the requested court, at the request of the public prosecutor's office, has no to make a prior oral hearing on the legality of the non-official or judicial assistance or on the other subject matter of the disagreement. "

10. In § 82 (2), after the word "Private Prosecutor" the twist "Victims" inserted.

Article 86 shall be amended as follows:

(a) In paragraph 2, the first sentence is:

"(2) Each decision shall be completed in writing and shall be submitted to the person entitled to complain (§ 87)."

(b) In paragraph 3, the first sentence is:

"The preparation and delivery of a decision which is to be declared orally by the law may be omitted if the beneficiaries do without appeal immediately after the proclamation of the complaint."

(12) In § 89 (5), the reticle at the end of the first half-sentence of the second sentence shall be replaced by a supplement and shall be replaced by the word "to be granted" following half-sentence is inserted:

"unless the subject-matter of the complaint is directed to the authorization of an order whose success presuppoes that it will not be known to the opponent of the complaint before it is carried out"

12a. § 106 (2) reads:

" (2) Insofar as the authorization of an investigative measure is lodged, an objection against their arrangement or implementation shall be linked to the appeal. In such a case, the Appeal Court shall also decide on the opposition. "

13. § 110 (3) reads:

" (3) The criminal police are entitled to objects (§ 109 Z 1 lit. (a) to ensure that:


1.	if it
a.		do not stand in anyone's power,
b.		have been deprived of the victim by the crime,
c.		have been found at the scene of the crime and may have been used for the commission of the offence, or may have been intended to do so, or
d.		can be easily replaced or temporarily replaced,
2.	if their possession is generally prohibited (Section 445a (1)),
3.	with which a person who is arrested for the reason of § 170 (1) Z 1 has been entered or who are found in the context of his search pursuant to § 120 paragraph 1, or
4.	in the cases referred to in Article 4 of Council Regulation (EC) No 1383/2003 of 22 July 2003 on the action of the customs authorities against goods suspected of infringing certain intellectual property rights and the measures to be taken in respect of goods which: It is recognised that such rights are infringed (Official Journal No. OJ L 196 of 02/08/2003 pp. 0007-0014).

14. In the last sentence of § 113 (2), the quote shall be: " § § 4 and 5 of the Product Pirates Act, BGBl. I No 65/2001 " by quoting " § § 3, 4 and 6 of the Product Pirate Act 2004, BGBl. I No 56/2004 " replaced .

15. In § 120 (1), the last sentence is replaced by the following sentences:

" The same applies in the cases of § 170 sec. 1 Z 1 for the search of persons according to § 117 Z 3 lit. b. However, in no case may the victim be compelled to be searched against his will (§ 119 (2) (2) (3) and 121 (1) last sentence). "

16. In § 122 (1), after the quote "§ 120 (1)" the words "First sentence" inserted.

17. § 124 is amended as follows:

(a) In paragraph 3, after the word order, "Judicial medicine" the twist "or the Forensic Molecular Biology" inserted.

(b) In paragraphs 4 and 5, the citation shall be in each case in the brackets "70" by quoting "75" replaced.

18. § 126 shall be amended as follows:

(a) the following sentence shall be added to paragraph 2:

"The choice of experts and the determination of the extent of their mission shall be based on the principles of economy, economic efficiency and expediency."

(b) In paragraph 3, after the first sentence, the following sentence shall be inserted:

"If members of the scientific staff of a university unit are appointed as experts, a copy of the contract shall also be delivered to the head of the unit."

19. § 128 shall be amended as follows:

(a) In paragraph 1, the word "if necessary"

(b) para. 2 reads:

" (2) An obduction shall be admissible if it cannot be ruled out that the death of a person has been caused by a criminal offence. It must be ordered by the Public Prosecutor's Office, which has to carry out an expert from the field of judicial medicine with the implementation of the procedure. In the case of a member of the scientific staff of a university unit, the contract shall be awarded to him by the head of the unit. Section 353 (3) of the ZPO shall apply mutatily to these experts and to the head of a university unit. "

20. In Section 133 (4), the quote shall be "§ 130 (2)" by quoting "§ 130 (3)" replaced.

21. § 135 (3) Z 3 reads:


" 3.	where it appears necessary to clarify an intentionally committed offence punishable by a custodial sentence of more than one year, or to clarify or prevent the investigation or prevention of a criminal or terrorist organisation, or a criminal organisation (§ § 278 to 278b of the German Criminal Code) would otherwise be significantly impeded or planned to be punishable by criminal law, and
a.		the holder of the technical establishment which was or will be the origin or destination of a transfer of messages, the intentionally committed offence punishable by a custodial sentence of more than one year, or of a criminal offence in accordance with § § 278 bis 278b StGB is urgently suspected, or
b.		on the basis of certain facts to assume is that one of the deed (lit. (a) an urgent suspicious person shall use or connect with the technical facility; "

(22) § 142 is added to the following paragraph 4:

"(4) The Data Protection Commission shall be entitled to appeal against the judicial authorisation of an order pursuant to paragraph 2 of the appeal of the appeal pursuant to § 87."

23. In § 153 (2), the text of the sentence shall be: "(§ § 50 and 69)" by the citing quote "(§ § 50 and 70)" replaced.

(23a) § 166 is amended as follows:

a) The previous content is given the sales designation "(1)" and in its entrance, the turn-over "with other nullity" .

(b) The following paragraph 2 is added:

"(2) Statements which have been or have been made on the manner described in paragraph 1 are void."

(24) The following paragraph 5 is added to § 183:

"(5) In accordance with the legal validity of the prosecution, the accused shall, in so far as the jurisdiction of another regional court is justified, immediately be transferred to the judicial institution of the now competent national court."

(25) § 191 is amended as follows:

a) The previous content of § 191 receives the sales designation "(1)" ; at the beginning of the first para. 1, the turn shall be "or is punishable by a custodial sentence, the maximum of which does not exceed three years," through the turn "shall be punishable by a custodial sentence, the maximum of which shall not exceed three years, or with such a custodial sentence and a fine" replaced.

(b) The following paragraph 2 is added:

" (2) Following the introduction of the prosecution, in proceedings before the regional court as a jury or a court of repudiation after legal validity of the indictment for the commission of a criminal act to be prosecuted by officality, the court of law has under the same conditions (para. 1) to terminate the proceedings before the end of the main negotiation with a decision. Section 209 (2) of the first sentence shall apply mutatily. "

26. § 197 the following paragraph 4 is added:

" (4) An absent or volatile accused person who voluntarily declares that he or she wants to submit to the proceedings can be assured of a safe condition by the Federal Ministry of Justice after obtaining the opinion of the Supreme Prosecutor's Office, in whose sprengel the competent authority is responsible. The public prosecutor's office shall have its registered office, in any case against the performance of the security and against the filing of the pleas referred to in section 173 (5) (1) and (2), with the effect that the accused person is responsible for the offence for which the safe passage is granted. until the judgment in the first instance is to be released from detention. For the security performance, its decay and the loss of the effect of the safe money, § 180 shall apply mutatis mutual. "

27. In the headline of the 11. The main part of the project, as well as in § § 200 (3) and (5), 201 (1), (3) and (5). 203 (1), (2), (3) and (4), 204 (1), (205) (1) and (2), (207) and (209) (1) are each "pursuit" the word "the" inserted.

(28) § 208 is amended as follows:

(a) In the first sentence of paragraph 1, the word order shall be: "the Public Prosecutor" through the phrase "the Public Prosecutor's Office" and the turn "Head of the competent service or office for out-of-court compensation" through the turn "Head of the body responsible for the compensation of the facts" replaced.

(b) In the last sentence of paragraph 1, the word "out-of-court" .

29. In § 210 (3), the word "Accused" by the word "Defendants" replaced.

30. To the place of the title of the XVII. The main item is the following heading:

" 13. Main item

Preparations for the main negotiation "

31. § 220 reads:

" § 220. In addition to the public prosecutor's office (Section 210 (2)) of the accused (§ 48 paragraph 1 Z 2), the liability party (§ 64), the private prosecutor (§ 71), the subsidiary claimant (§ 72) as well as the private participant (§ 67), the main proceedings are part of the public prosecutor's office. "

32. § 221 reads:

" Section 221. (1) The main negotiation is to invite the participants and victims as well as their representatives (process accompaniment); criminal police as well as a probable probation officer are to be informed of the date of the main negotiation. If necessary, provision should be made for the appointment of a defender and for the confiscation of an interpreter (§ § 61 and 126). The charge of private persons and victims shall not be allowed in so far as they do not comply with an order pursuant to § 10 of the Delivery Law or have waived their right to be present during the main hearing. The same shall apply irrespective of these conditions, if an analysis of the residence of victims and the private parties or the service of a summons or agreement to them in the legal assistance path leads to a considerable delay in the procedure, in particular, would lead to a significant prolongation of the defendant's detention.

(2) The Chairman shall determine the day of the main hearing in the manner that the accused and his defender, in the event of any other invalidity, shall have a period of at least eight days in the case of the delivery of the summons (§ 61 (3) and (63)). 4 but 14 days for the preparation of the defence, unless they themselves consent to a reduction of this period. By changing the person of the defender, the preparatory period due to the defender will not be extended. In principle, the summons of witnesses, experts and interpreters shall be such that a period of at least three days shall be between service and the date on which their presence in the main hearing is required.

(3) In principle, the main negotiation takes place at the seat of the Regional Court; for the purposes of finding the truth, the Chairman may carry out the main hearing at another place located in the Sprengel of the State Court.

(4) If it is to be expected that the main negotiation will take more than ten days of negotiations, the necessary number of replacement judges and spare spoons shall be required in the event of the prevention of a judge or spoon, in accordance with the procedure referred to in the business distribution or list of services (§ § 13 and 14 of the jury-and Schöffengesetz-GSchG, BGBl. No 256/1990). Article 32 (2) is to be taken into consideration. "

§ 222 reads:

" § 222. (1) Proofs which are not to be taken in accordance with the indictup or the decision taken by the opposition should be requested to take part in the proceedings in sufficient time (Section 55 (1)), that the taking of evidence still to the date of the Main negotiation can be made. The application must be submitted in such a number of copies that a copy can be delivered to each of the parties involved.

(2) If the application is accepted, the Chairman shall communicate the list of new evidence together with the issue of evidence to the other parties at the latest three days prior to the main hearing. In the opposite case, the Chairman has to reserve the decision on the request for proof of a new application in the main hearing (Section 238) and of which the applicant and the other parties concerned by service of a copy of the Application 1 last sentence).

(3) The defender is also free to submit a written counter-statement (Section 244 (3)) to the indictment, in which he has received the applications pursuant to paragraph 1. The provisions of paragraph 1 shall apply to such a counter-sale. "

§ § § 224 and 225 shall be deleted.

§ 226 reads:

" § 226. (1) The main hearing may be postponed, at the request of a party to the proceedings or on its own motion, by decision of the chairman, if:


1.		an obstacle to the timely appearance of a person concerned, or a very serious obstacle, to him;
2.		the court is prevented from carrying out the main proceedings by other inexorable acts or for other important reasons;
3.		, a body of evidence which is not immediately enforceable in the main negotiation but which is essential for the precipitation of the judgement;
4.		the main negotiation cannot be closed for other reasons.

(2) A request for adjournation shall be justified, and any existing certification means shall be submitted.

(3) Because of an avoidance of the defender, an adjournation shall only take place if the obstacle became known to the defendant or the court so late that another defender could no longer be ordered. Because of the prevention of other parties involved as the defendant, a postponement shall be held only where this would not lead to a significant delay in the proceedings, in particular a significant extension of the defendant's detention.

(4) In the event of a decision in accordance with paragraph 1, the parties concerned shall not be entitled to an independent legal remedy which is independent of the further negotiation. "

36. § 227 reads:

" Section 227. (1) If the Public Prosecutor's Office withheld from the prosecution before the start of the main hearing, it shall be required to proceed in accordance with Section 72 (3), but in any case the proceedings shall be adjusted by decision of the Chairman.

(2) The Public Prosecutor's Office shall have the right to withdraw the indictof it, with the simultaneous introduction of a new one, if this is necessary in order to conduct a joint proceedings on the grounds of new charges or on the basis of new charges. Any facts or evidence may be amended in a legal way. The new indictup is then followed by the new indictup in the 12. the main part of the procedure. "

37. To the position of the title of the XVIII. The main item is the following heading:

" 14. Main item

Main hearing before the regional court as a public court and legal remedy against its verdicts "

38. § 229 reads:

" § 229. (1) The public of a main hearing may be excluded from its own motion or at the request of a party to the proceedings or of a victim:


1.		threats to public policy or to national security;
2.		before any discussion of the personal life or secret of a defendant, victim, witness or third party;
3.		for the protection of the identity of a witness or a third party for the reasons stated in § 162.

(2) The Schöffengericht decides on an exclusion in accordance with para. 1 in each state of the proceedings with decision. The exclusion may include all or part of the procedure, in so far as this is the case in the case of overweighing the interests worthy of protection (paragraph 1). 1).

(3) A decision in accordance with paragraph 2 is to be announced in a public sitting, together with the reasons; an independent legal remedy which is independent of the further negotiation is not available against it.

(4) The proclamation of the judgment (§ § 259, 260) shall always be carried out in public session. "

39. § 230 (2) reads:

" (2) Judges and prosecutors of the service, judges and legal practitioners, as well as the persons referred to in Section 48 (1) (4), may never be excluded. Defendants, victims, private persons or private prosecutors may request that three persons be allowed to enter the country of their trust. § 160 (2) and (3) shall apply mutasensitily. "

40. § 231 is deleted.

41. In the title before § 232, the word "Court of Justice" by the word "Schöffengerichts" replaced.

42. In § 234 the word "Court of Justice" in each case by the word "Schöffengerichts" replaced.

43. In § 235, the second sentence shall be replaced by the following:

" If defendants, private prosecutors, private persons, victims, disclaimers, witnesses or experts have permitted such statements, the court may, at the request of the person concerned or of the public prosecutor's office, or on its own account, in accordance with § § 233 (3) and (234). Where appropriate, the person concerned shall be lecturing on his rights. "

Section 236 shall be amended as follows:

(a) In paragraph 1, the first half-sentence shall be "A defender (§ 48 para. 1 Z 4) or a representative (§ 73)," ; in the last half-sentence, the word "Court of Justice" by the word "Schöffengericht" replaced.

(b) In paragraph 2, the word "Party Representative" by the word "Representative" and the words "the Party" by the words "the participants" replaced.

(c) In paragraph 3, the turn shall be: "the Court of First Instance" through the turn "the Higher Regional Court" , the turn "the court" through the turn "the Public Prosecutor's Office" and the word "Party Representative" by the word "Representative" replaced.

45. In § 236a the word "Party Representative" through the turn "Representative of a party to the proceedings" replaced.

(46) § 237 is amended as follows:

(a) In the first sentence, the turn of paragraph 1 shall be deleted "and findings" and the second sentence.

(b) para. 2 reads:

" (2) A disciplinary penalty provided for in the above provisions is not to be imposed, insofar as the conduct satisfies the facts of a court-punishable act (§ § 278 and 279), unless one of the penalties provided for in § 71 (2), second sentence, or Article 92 (1), second sentence, occurs. "

47. § 238 reads:

" § 238. (1) The Schöffengericht (Schöffengericht) decides on requests for proof (§ 55 (1) and (2)) in the main hearing (Section 40 (2) and § 116 (4) Geo), insofar as the Chairman (§ 254) does not intend to give them a consequence.

(2) In accordance with paragraph 1, it is also necessary to proceed in the event that the parties to the proceedings in the main hearing otherwise submit opposing requests or if the chairman does not intend to give effect to an undisputed request by a participant.

(3) The decision, together with its decision-making reasons, shall be declared orally immediately, but at any rate before the end of the hearing. The party concerned is not entitled to an independent legal remedy against him (Section 86 (3)). "

(48) In § 240a (1) the word shall be: "Court of Justice" by the word "Schöffengerichts" replaced.

49. In § 241 (1), the second sentence is deleted; the previous third and nunme-hrige second sentence is:

"The Chairman shall arrange for the necessary arrangements to be taken in order to prevent the appointment and meetings of the witnesses."

§ 242 is amended as follows:

(a) In paragraph 1, the last half-sentence shall be: "so the Chairman may order their immediate performance."

(b) para. 2 reads:

"(2) If the immediate performance is not possible, it is necessary to decide on a possible reading of the statements filed in the investigative procedure pursuant to § 252 or to postpone the main hearing."

" (3) With the decision of the chairman, a fine of up to EUR 1 000 is to be imposed on those who have been left in the country. If the main negotiation had to be postponed, the remaining part of the decision must also be required in this decision to replace the costs incurred in the event of the failure to do so. Insofar as this is necessary in order to ensure the presence of the person who is not present at the new date, the Chairman shall order the latter's performance (Section 210 (3)). "

(51) § 243 reads:

" § 243. (1) A complaint against a decision pursuant to Section 242 (3) shall be submitted to the discerning public court; it shall have suspens-tive effect.

(2) The Chairman shall consult the sentence imposed if the witness or expert certifies that the summons to the main hearing have not been duly served or that an unforeseen and unavoidable obstacle has been placed on him. from taking part in the main trial. The chairman may also make a reduction if the certificate is provided that the sentence or the cost of the debt or the consequences of the whereabouts would be disproportionate.

(3) If the complaint is not fully complied with by means of a measure referred to in paragraph 2 above, it shall submit the appeal to the Oberlandesgericht (Oberlandesgericht) for a decision (Section 89). Moreover, no appeal is admissible against a decision pursuant to paragraph 2. "

52. In § 244 (1), the turn "Knowledge of the Court of Second Instance" through the turn "Decision of the Higher Regional Court" and the word "this" by the word "this" replaced.

53. § 245 is amended as follows:

(a) In the last sentence of paragraph 1, the text of the statement shall "(§ 172 (1))" .

(b) The following paragraph 1a is inserted:

"(1a) The accused is also to be heard about the private-law claims against him (§ § 67 (1) and 1 (3)) and to ask for an explanation as to whether and to what extent he acknowledges them (section 69 (2))."

"(2) For the questioning of the accused, § 164 (4) applies."

(d) para. 3 reads:

"(3) The defendant may discuss with his defender during the main trial, but shall not deliberate on the answers to individual questions."

§ 247 reads:

" § 247. Witnesses and experts shall be called individually and heard in the presence of the parties to the proceedings. They are to be remembered before their questioning to indicate the truth and to lecture on the consequences of a false statement. "

55. § 248 has to be read:

" § 248. (1) In the hearing of witnesses and experts, the Chairman shall, in principle, proceed in accordance with the provisions applicable to interrogations in the investigative procedure. If it is to be obtained that the witness to be heard could be influenced by the presence of other witnesses in a free and complete statement, the chairman shall order that the witnesses concerned leave the place of negotiation.

(2) witnesses and experts shall remain present at the meeting for so long after their hearing until they are dismisled by the Chairman. Witnesses must not be allowed to speak to each other for their statements.

(3) After the hearing of any witness, expert or co-defendant, the accused must be given the opportunity to comment on the relevant statements. "

(56) § 249 is amended as follows:

(a) In paragraph 1, the turn shall be: "The Court of Justice, the Prosecutor, the accused and the private participant and their representatives" through the turn "Schöffengericht, the parties involved in the proceedings and victims and their representatives" replaced.

(b) The following paragraph 3 is added:

' (3) The defendant may, for the purpose of questioning an expert, provide a person with special expertise to allow a seat to be held alongside the defender. This may support the defence counsel in the question, without, however, being able to address any questions to the expert himself. "

57. In § 250 (3), the first sentence shall be replaced by the sentence " Victims according to § 65 Z 1 lit. (a) the chairman shall, on her request, be heard in the manner described in § 165 (3); moreover, he shall apply mutafictily to the hearing of witnesses § 165. " and in the second sentence, the word "Court of Justice" by the word "Schöffengerichts" replaced.

§ 251 reads:

" § 251. The parties to the proceedings may require witnesses to remove themselves from the meeting room after hearing their testimonial from the ground referred to in § 248 (1), last sentence, and subsequently be called up again and either alone or in the presence of other witnesses. to be heard again. The chairman may also order this from officals. "

(59) § 252 is amended as follows:

(a) the receipt of paragraph 1 reads as follows:

" (1) Protocols on the hearing of co-accused and witnesses, protocols on the inclusion of evidence, official endorsements and other official documents in which witnesses or co-accused persons have been recorded, opinions of Experts as well as sound and image recordings of the hearing of co-accused or witnesses may only be read out or presented in the following cases with other invalidity. "

(b) In paragraph 1 (2a), the text of the text shall be "(§ 152)" by the citing quote "(§ § 156, 157 and 158)" , the words "the parties" through the turn "the Public Prosecutor's Office and the accused" and the citing quote "(§ § 162a, 247)" by the citing quote "(§ § 165, 247)" replaced.

(d) In paragraph 2, the turn shall be: "Eye-and-eye pictures" through the turn "Official note on an eye view (section 149 (2)) and findings" replaced.

(e) In paragraph 2a, the words "Prosecutor and defendant" by the words "the parties to the proceedings" , the word "Court of Justice" by the word "Schöffengericht" and the word "Parties" by the word "participants" replaced.

60. § 254 is amended as follows:

(a) In paragraph 1, the words "the Prosecutor or the accused" by the words "the person involved in the proceedings" replaced.

(b) para. 2 reads:

" (2) The Chairman may also appoint new experts or order the inclusion of other evidence, in particular, in the presence of the parties to the proceedings, or arrange for them to be carried out by the Judge. In so far as special circumstances do not allow the taking of evidence before the public court, the results in the main hearing shall be reported. "

61. In § 256 (2), in the first sentence, the word "Tribune" by the word "Schöffengericht" and in the second sentence, the words "the Court of Justice" by the words "the Schöffengericht" replaced.

62. In § 257, the words "the Court of Justice" by the words "the Schöffengericht" replaced.

63. In § 258 (3), the quote "§ 166a" by quoting "§ 162" and the word "Parties" by the words "participants" replaced.

64. In § 259, the word shall be given in the entrance "Court of Justice" by the word "Schöffengerichts" and in Z 2 and 3 the words "the Court of Justice" in each case by the words "the Schöffengericht" replaced.

65. § 260 is amended as follows:

(a) In paragraph 2, in the case of Z 1 and 2, the turn shall be "Criminal actions" through the turn "Offences" replaced.

(b) In paragraph 3, in the first sentence, after the word "To catch up" the staple citation "(Section 32 (3))" inserted and in the second sentence the turn "the Court of Second Instance" through the turn "the Higher Regional Court" replaced.

(66) § 261 is amended as follows:

(a) In paragraph 1, the word "Non-competence" by the word "Lack of competence" replaced.

(b) In paragraph 2, the first sentence reads as follows:

" As soon as this judgment is final, the Public Prosecutor's Office shall, within three months of any other loss of the right of prosecution, continue the investigative procedure or request the order of the main trial before the jury of the jury, if further investigations are not required. "

67. In § 262, the words "the Court of Justice" by the words "the Schöffengericht" , the word "Parties" through the turn "Parties to the procedure" and in each case the word "he" by the word "it" replaced.

(68) § 263 shall be amended as follows:

(a) In paragraph 1, the turn shall be: "the Court of Justice" through the turn "the Schöffengericht" replaced; the turn "through this act of injured" by the word "victim" replaced ..

(b) In paragraph 2, the turn shall be: "the Court of Justice" through the turn "the Schöffengericht" and the words "criminal offence" by the word "Offence" replaced.

(c) In paragraph 3, the turn shall be "the Court of Justice" through the turn "the Schöffengericht" , the word "he" by "it" and the words "Criminal actions" by the word "Offences" replaced.

(d) (4) reads:

"(4) In both cases, the Prosecutor must withdraw from the prosecution within three months in the event of other loss of the right to pursue proceedings (Section 209 (1)), bring the charges or continue the investigation."

(69) § 264 is amended as follows:

(a) In paragraph 1, the words "criminal offence" by the word "Offence" replaced.

(b) In paragraph 2, the words "the Court of Justice" by the words "the Schöffengericht" replaced.

70. In § 265 (2) the number shall be "XXVIII" by the number "24" replaced.

71. In § 267, the words "the Court of Justice" by the words "the Schöffengericht" and the word "he" by the word "it" replaced and after the word " the staple citation "(Section 4 (3))" inserted.

72. In § 268, the words "the Court of Justice" by the words "the Schöffengericht" replaced.

73. § 270 shall be amended as follows:

(a) In paragraph 2 (1), the turn shall be: "of the Court of Justice and of the Public Prosecutor (private prosecutor) and of the private person" through the turn "the court of the republic and the parties to the proceedings" replaced.

(b) (2) (4) reads:


" 4.		the appellant's appeal of the guilt of the defendant, in the case of a conviction with all the points referred to in § 260;

(c) In paragraph 2 (5), the words "the Court of Justice" in each case by the words "the Schöffengericht" and in the first sentence, the word "he" in each case by the word "it" replaced.

(d) In paragraph 3, the word "Parties" by the word "participants" and the turn "the Court of Second Instance" through the turn "the Higher Regional Court" replaced.

74. § 271 shall be amended as follows:

(a) The introductory part of paragraph 1 reads as follows:

"In the case of other nullity, the main negotiation shall include a protocol for which, unless otherwise specified in the following, Article 96 (2) and (3) shall be applied; in particular, it shall contain:"

(b) In paragraph 1 (2), the turn shall be: "The Court of Justice, the Parties" through the turn "Schöffengericht, the person involved in the proceedings" replaced.

(d) In paragraph 1 (6) and in the final sentence of paragraph 1, the word shall be: "Parties" through the turn "Parties to the procedure" replaced.

(e) In paragraph 4, the first half-sentence shall not apply to the "(§ 23 para. 2)" and in the second sentence, the word "Court of Justice" by the word "Schöffengerichts" replaced.

(f) In paragraph 6, the words "one party" by the words "a participant of the procedure" and the word "Parties" by the word "participants" replaced.

Section 271a is amended as follows:

(a) In paragraph 2, the word "Parties" through the turn "Parties to the procedure" and the turn "a party or any other party" through the turn "a participant" ; the point at the end of the second sentence shall be replaced by a line and the following half-sentence shall be inserted:

"§ 77 (1) and (3) shall apply."

(b) In paragraph 3, the word "Parties" in each case by the turn "Parties to the procedure" replaced.

76. In § 273, the word "Court of Justice" by the word "Schöffengerichts" replaced.

77. In § 275 the words "Declaration issued in the preliminary investigation" through the turn "in the investigation procedure or in a previous main hearing" replaced.

§ 276 reads:

" § 276. § 226 shall apply to the postponement of the main trial. "

79. In § 277 the word "arrest" by the word "arrest" and the word "Investigating Judge" through the turn "Judge of the Regional Court" replaced.

80. In Section 278 (2), the word "Investigating Judge" through the turn "Judge of the Regional Court" replaced.

81. In § 280, the turn "Court of First Instance" through the turn "Landesgerichte als Schöffengerichte (§ 31 para. 3)" and the turn "the Court of Second Instance" through the turn "the Higher Regional Court" replaced.

(82) § 281 is amended as follows:

(a) In paragraph 1 (1), the words shall: "the Court of Justice" by the words "the Schöffengericht" and the citing quote "(§ § 67 and 68)" by the citing quote "(§ § 43 and 46)" replaced.

(b) In paragraph 1, the Z 2 shall read:


" 2.		if a protocol or other official document has been read out in the main hearing of the proceedings, in spite of the appellant's objection, in the course of the preliminary investigation or of the taking of evidence in the investigative procedure; "


" 3.		if a provision has been violated or disregarded in the main trial, the observance of which the law applies to other invalidity (Sections 126 (4), 140 (1), 144 (1), 155 (1), 157 (2) and 159 (3), 221 (2), 228, 240a, 250), 252, 260, 271, 427, 430 (3) and (4) and 439 (1) and (2)); "

(d) In paragraph 1, Z 4, the turn shall be "an interim knowledge of his or her application or opposition" through the turn 'a decision taken against its application or objection' replaced.

(e) In paragraph 1 (5), the word "Court of Justice" by the word "Schöffengerichts" replaces and eliminates the word "judicial" .

(f) In paragraph 1, Z 6, the turn shall be "the Court of Justice" through the turn "the Schöffengericht zu" and the word "Non-competence" by the word "Lack of competence" replaced.

(g) In paragraph 1, Z 10a, the citation shall be "§ 90b" by quoting "§ 199" replaced.

(h) In paragraph 1 (11), the words "the Court of Justice" by the words "the Schöffengericht" replaced.

(i) In paragraph 3, in the second sentence, after the words: "they can" the twist ", apart from the case provided for in Article 282 (2)," inserted and the word "Court of Justice" by the word "Schöffengerichts" replaced.

83. § 281a reads:

" § 281a. The fact that an uncompetent Higher Regional Court has determined the legal validity of the indictment (§ 215) can be asserted with an invalidity complaint directed against the judgment. "

(84) § 282 is amended as follows:

(a) In paragraph 1, the word "guardian" in each case by the words "legal representatives" replaced.

(b) In paragraph 2, after the word "Private Prosecutor" the twist "as well as from the private participant, but only in the case of an acquitted and for the reason of § 281 (1) Z 4" after the point, the following sentence shall be added:

" Moreover, the private participant can only assert the above-mentioned nullity reason only in so far as he was referred to the civil rights path because of the acquittment and can be recognized that the dismissal of one of him in the main hearing to exercise his/her private-law claims to be adversely affected by the application of the application. "

85. In § 283 (2), in the first sentence, after the word "Authorized" the twist "with the exception of the private participant" inserted.

86. In § 284 (1), the turn-of-the- "Court of First Instance" by the word "Landesgericht" replaced.

87. In § 285, the turn of paragraph 2 "the Court of First Instance" through the turn "the regional court" and in paragraph 3, the turn "Court of First Instance" through the turn "Landesgericht" replaced.

(88) § 285a is amended as follows:

(a) In the entrance, the turn shall be "The Court of First Instance" through the turn "The Regional Court" replaced;

b) In the Z 2, after the quote "§ 281 (1) (1) to (11)" the twist "or in § 281a" inserted.

c) In the Z 3, the staple citation "(§ 39)" by the citing quote "(§ 48 (1) (4))" replaced.

(89) § 285b is amended as follows:

(a) In paragraph 2, the turn shall be: "Court of First Instance" by the word "Landesgericht" and the word "Opening" by the word "Notice" replaced.

(b) In paragraph 5, the word "Opening" in each case by the word "Notice" replaced.

Article 285d (1) is amended as follows:

a) In the Z 1, the turn "from the Court of First Instance to" by the word "according to" replaced.

b) In the Z 2, after the quote "§ 281 (1) (1) to (8) and (11)" the twist "or in § 281a" inserted.

91. In § 285e, the number shall be "IXa" by the number "11" replaced.

92. In § 285i, the turn "the Court of First Instance" through the turn "the regional court" and the turn "the Court of First Instance" through the turn "the Higher Regional Court" replaced.

(93) § 286 is amended as follows:

(a) para. 1 reads:

" (1) The parties to the proceedings shall be notified of the date of the court proceedings on the occasion of the public hearing. The defendant, however, is already represented by a defender, only his defense attorney, as well as the private interested party or private prosecutor, who may be involved, are to be charged in good time so that they have a preparatory period of eight days remaining. In the summons, they must draw attention to the fact that, in the event of their failure to do so, their statements and complaints would be put forward and the decision would be based on the decision. "

(b) (3).

(c) In paragraph 4, the text of the text shall be "(Section 41 (3))" by the citing quote "(Section 61 (3))" and the quote "§ 41 (2)" by quoting "§ 61 (2)" replaced.

94. In § 287 (1) the number shall be: "231" by the number "230a" replaced.

Article 288 (2) shall be amended as follows:

a) In the Z 1, the turn "to the same or to another Court of First Instance" through the turn "to the same or to another regional court" replaced;

b) In the Z 2, the turn "the Court of Justice" through the turn "the Schöffengericht" and the word "Non-competence" by the word "Lack of competence" replaced;

c) In the Z 2a, the turn "the Court of First Instance" through the turn "the Schöffengericht" , the number "IXa" by the number "11" and the turn "to the same or to another Court of First Instance" through the turn "to the same or to another regional court" replaced;

d) In the Z 3, the turn "the Court of First Instance" through the turn "the Schöffengericht" and the turn "to the same or to another Court of First Instance" through the turn "to the same or to another regional court" replaced.

96. In § 288a the turn "Court of First Instance" by the word "Landesgericht" replaced.

97. In § 291, the turn "the Court of First Instance" through the turn "the regional court" replaced.

(98) § 294 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: "the Court of First Instance" through the turn "the Higher Regional Court" replaced;

(c) In paragraph 3, the turn shall be: " Second instance of the Court of Justice of the European Communities through the turn "To present the Higher Regional Court, the" replaced;

(d) In paragraph 4, the turn shall be "The Court of Second Instance" through the turn "The Higher Regional Court" replaced.

(99) § 295 is amended as follows:

(a) In the first sentence of paragraph 1, the turn shall be "The Court of Second Instance" through the turn "The Higher Regional Court" and in the second sentence, the word "he" by the word "it" replaced;

(b) In paragraph 2, the turn shall be: "the Court of First Instance" through the turn "the Higher Regional Court" replaced.

100. In § 296a the turn of the final sentence "the Court of First Instance" through the turn "the Higher Regional Court" replaced.

101. To the position of the title of the XIX. The main item is the following heading:

" 15. Main item

Main hearing before the regional court as jury trial and appeal against its verdicts "

102. § 300 is deleted.

103. Section 301 is amended as follows:

(a) In paragraph 1, the turn shall be: "Court of First Instance" through the turn "Landesgericht" replaced;

(b) The following paragraph shall be added:

"(3) § 221 (4) shall be applied mutasensitily."

104. In Section 302 (1), the number of "XVIII" by the number "14" and the turn "the Court of Justice" through the turn "the Schöffengericht" replaced.

105. In Section 305 (1), the word "Holiness" by the word "Meaning" replaced.

106. § 307 is deleted.

107. Section 309 (1) shall not apply after the word "differ" the staple quote.

108. In § 322 the turn will be " The recognition of the Court of Justice of the Court of Justice, as read in accordance with § 307 through the turn "the decision of the Oberlandesgericht (Oberlandesgericht) read in accordance with § 244 (1)" replaced.

109. In § 323 para. 2, the quote shall be "§ 166a" by quoting "§ 162" and the word "Parties" by the word "participants" replaced.

110. In § 326, the word in the second sentence "Court of Justice" by the word "Schwurgerichtshof" is replaced by the last sentence.

111. In § 343 (1) the word shall be "Court of Justice" by the word "Schwurgerichtshof" replaced.

112. Section 345 (1) is amended as follows:

a) In the Z 1, the staple citation "(§ § 67, 68)" by the citing quote "(§ § 43 and 46)" replaced.

(b) Z 3 is:


" 3.		if a protocol or other official document has been read out in the main hearing of the proceedings, in spite of the appellant's objection, in the course of the preliminary investigation or of the taking of evidence in the investigative procedure; "

c) Z 4 is:


" 4.		if a provision has been infringed or disregarded in the main trial, the observance of which the law applies to other invalidity (§ § 126 (4), 140 (1), 144 (1), 155 (1), 157 (2) and 159 (3), 221 (2), 228, 250, 252, 260), 271, 305, 310, 329, 340, 427, 430 (3) and (4) and 439 (1) and (2)); "

(d) In paragraph 1, Z 5, the turn shall be "an interim knowledge of his or her application or opposition" through the turn 'a decision taken against its application or objection' replaced.

e) In the Z 12a, the quote "§ 90b" by quoting "§ 199" replaced;

(f) the following sentence shall be added to paragraph 4:

"§ 282 (2) shall apply mutatily."

113. In § 347 the turn "Court of First Instance" through the turn "Landesgericht" and the turn "the Court of Second Instance" through the turn "the Higher Regional Court" replaced.

114. In § 349 (1) and § 351, the word "Court of Justice" in each case by the word "State Courts" replaced.

115. To the place of the heading of the XX. The main item is the following heading:

" 16. Main item

Resumption and renewal of the criminal proceedings as well as re-establishment of the previous status "

116. Section 352 reads as follows:

" Section 352. (1) Apart from the provisions relating to the continuation of the investigative procedure (§ § 193, 195 and 196), the application of the Public Prosecutor's Office for the resumption of proceedings against an accused person may be requested by a court order or by a court of law. not merely provisional resignation of the prosecution from the prosecution after the 11. the provisions contained in the main piece have been set, only if the criminal offence of the act has not yet been received by statute of limitations, and


1.		the hiring has been brought about by falsification of the certificate or by false testimony, bribery or any other offence of the accused or a third person; or
2.		the accused later disguised a confession of the deed he was attracted to, or surrendered other new facts or evidence that would seem appropriate to suggest the conviction of the accused (§ 210 para. 1).

(2) The private prosecutor shall be entitled to resume exclusively in the event of a cessation in accordance with Section 215 (2). "

117. In § 353 Z 1, the turn-over "forgery of a document or by false testimony or bribery or any other criminal offence" through the turn "Counterfeit or false evidence, bribery, or any other offence" replaced.

118. In § 354, the turn "the Public Prosecutor" through the turn "the Public Prosecutor's Office" and the word "he" by the word "they" replaced.

119. § 355 reads:

" § 355. The Public Prosecutor's Office or the private prosecutor may request the retrial of the criminal proceedings for an act in respect of which the accused has been legally acquitted, only for the reasons mentioned in section 352 (1). "

120. In § 356 the turn "The Public Prosecutor" through the turn "The Public Prosecutor's Office" and the quote "§ 355" by quoting "§ 352 (1)" replaced.

121. § 357 reads:

" § 357. (1) The application for a retrial shall be submitted to the regional court in the case of a judicial cessation in the investigating procedure, which has decided the appointment, in the case of a not merely provisional resignation of the Prosecutor's Office of the persecution after the 11. The main piece of legislation contained in the Regional Court, which would have been the competent authority in the investigation procedure, but in the other cases, the Regional Court, which was responsible for the main proceedings.

(2) The regional court (Section 32 (3)) has to grant the application to the opponent's opponent with the instruction that he could submit his counter-statement within 14 days. The regional court may order investigations by the criminal police or take up evidence itself if this is necessary in order to avert the danger that an evidence will be lost for a significant fact. As a result of such investigations or evidence, applicants and defendant shall be given the opportunity to submit their observations within 14 days. The Regional Court then decides, in principle, after a non-public meeting with a decision. If, however, the facts on which the application is based and their suitability to bring about an amendment to the final decision within the meaning of the above provisions, only , the Court of First Instance may, on its own account or at the request of the Court of First Instance, request an oral hearing and decide on the resumption of the proceedings. The trial is not open to the public, but the court has the opportunity to participate and to give an opinion.

(3) The application of a convicted person to a retrial does not impede the execution of the sentence, unless the court, after hearing the public prosecutor's office or the private prosecutor, is in charge of inhibiting the execution of the sentence in accordance with the circumstances of the case is deemed appropriate and the suspension is subject to a decision. "

122. § 358 reads:

" § 358. (1) The earlier judgment is annulled in the cases of § § 353 to 356 by the approval of the resumption in so far as it relates to the offence in respect of which the resumption is granted. The legal consequences of the conviction handed down in the first judgment remain up to the new decision. The execution of the sentence shall be stopped immediately and shall be subject to the arrest of the accused person in accordance with the conditions laid down in the 9. The main piece of legislation to be decided.

(2) The proceedings shall, in principle, enter into the state of the investigative procedure through the resumption of the proceedings (§ 360). The Public Prosecutor's Office shall make the necessary arrangements or requests in accordance with the decision to approve the decision. The provisions applicable to the investigative procedure and the prosecution shall also be applied in this case.

(3) Where the resumed investigative procedure is terminated without carrying out or outside a main trial, the accused shall have the right to require publication of the decision.

(4) If the defendant is once again sentenced in the resumed proceedings, an already suffered penalty shall be charged to a custodian of freedom and financial penalties (§ 38 StGB).

(5) If the reinstatment has been granted only in favour of the accused, the prohibition of deterioration shall apply (§ 16).

(6) The same remedies are open to the new knowledge, as against any other judgment. "

123. § 359 is deleted.

124. Section 361 is deleted.

125. In § 362 (4), the turn-of-the- "are § § 358 and 359" through the turn "is § 358" replaced.

126. § 363 reads:

" § 363. The main proceedings may be carried out independently of the conditions of resumption, if the private prosecutor, who is still entitled to the action, brings the charges, whereas in the earlier proceedings the appointment or a acquitting of a judgment is only due to lack of the application of a victim (§ 71) required under the law. "

127. In § 363b (3) and § 363c (2), the turn-of-the-turn "Court of First or Second Instance" in each case by the turn "Landesgericht or Oberlandesgericht" replaced.

128. Section 364 is amended as follows:

(a) In paragraph 1, the turn shall be: "The accused, against the failure to satisfy the procedural acts referred to in § 46 (3) is the private prosecutor" through the turn "the person involved in the proceedings" replaced.

(b) In paragraph 2, the Z 1 is deleted.

(d) (5).

129. In place of the heading of XXI. The main item is the headline:

" 17. Main item

Procedure on private-law claims "

130. § 365 is deleted.

131. § 366 reads:

" § 366. (1) If the defendant is acquitted, the private person concerned shall be referred to the civil rights path with his claims.

(2) If the accused is convicted, in the judgment (§ § 260 (1) Z 5 and 270 (2) (2) (4)), it is to be decided on the private-law claims of the private participant (§ § 395, 407 and 409 ZPO). If the results of the criminal proceedings do not provide sufficient basis for an even partial assessment of the asserted private-law claim (§ 69 para. 1), the private person is also in this case on the civil rights path to , unless the necessary decision-making bases can be determined by a taking of evidence which is not significantly delayed by the decision in the guilt and criminal case.

(3) If, despite conviction, the private person is referred to the civil law path, the appeal, his estate and his heirs shall be entitled to the appeal on the grounds that the private-law claim would have already been decided in accordance with paragraph 2. "

132. Section 367 shall be amended as follows:

(a) In paragraph 1, the word "private parties" by the word "Victims" and the word "Court of Justice" by the word "the court" replaced.

(b) The receipt of paragraph 2 reads as follows:

" Before that date, such an object may, however, at the request of the victim, after hearing the accused and the other parties involved, in the main proceedings by the discerning court, in the investigating procedure, however, by the prosecutor's office , if "

133. In § 368 the word "Injured" by the word "Victims" and the words "the injured party" by the word "the victim" replaced.

134. In Section 369 (1), the word shall be: "Injured" by the word "Victims" and in paragraph 2, the words "that the victim" by the words "that the victim" replaced.

135. In Section 371 (2), the text of the sentence shall be: "(§ 5)" by the citing quote "(§ § 15 and 69 (1))" replaced.

136. Section 373a is amended as follows:

(a) In paragraph 1, the turn shall be: "the wounded" through the turn "the victim" replaced.

(b) In paragraph 3, the turn shall be: "the injured party" through the turn "the victim" replaced.

(c) In paragraph 8, the turn shall be "the Supreme Court" through the turn "the parent court" and the turn " the President of the Court of Justice of the second instance through the turn "the entry point at the Oberlandesgericht Wien" replaced.

(d) In paragraphs 9 and 10, the turn shall be " the President of the Court of Justice of the second instance by "the entry point at the Oberlandesgericht Wien" replaced.

137. In § 373b the turn "the person who has been injured by a criminal offence" through the turn "or an infestation according to § 20b StGB to the victim" the words "the injured party" by the words "the victim" and the word "Amount of money" by the word "Asset" replaced.

138. § 375 reads as follows:

" § 375. (1) If, in the case of an accused person, it appears that foreign assets are found, the owners of which he cannot or will not specify, they shall be seized (Section 115 (1) (2)) and shall be described in an Edict (§ 376) in such a way that the owner of the property is however, the asset value may be reserved for the asset, but the proof of ownership is reserved for the designation of essential distinguishing features.

(2) The provisions of § § 367 to 369 shall apply to the proceedings on the basis of claims raised. "

139. In § 377, in the first sentence, after the word "Verderbens" the words "or any other rapid loss of value" inserted and in the third sentence the word "cumbersome" by the word "exact" as well as the turn "To attach the files to the files" through the turn "Purchase price to be published in the manner described in § 376" replaced.

140. In § 378 the sales denomination "(1)" and the second paragraph.

141. To the place of the title of XXII. The main item is the headline:

" 18. Main item

Costs of criminal proceedings "

142. In § 380, the sales designation shall be deleted "(1)" and the second paragraph.

143. Section 381 shall be amended as follows:

(a) (1) (1) is:


" 1.		a flat-rate contribution as a proportion of the costs of the criminal proceedings, which are not specifically mentioned below, including the costs of the investigation of the criminal police and the costs of carrying out orders of the Public Prosecutor's Office or the Court of First Instance necessary for the necessary acts; "

(b) In paragraph 1 Z 5, the first half-sentence shall be:

" the costs of securing, providing information on bank accounts and banking transactions or the seizure of letters, the information on the data of a messaging and the monitoring of messages pursuant to § § 111 para. 3, 116 para. 6 last Sentence and 138 (3), "

(d) In paragraph 1, the Z 9 is:


" 9.		a flat-rate amount as a proportion of the costs of the process support (§ 66 para. 2) up to EUR 1 000. "

(e) in paragraph 3, in the case of Z 1, the word "Grand Jury" through the turn "the regional court as a jury of grand jury" , in which Z 2 the word "Schöffengerichten" through the turn "the regional court as a public court" and in Z 3 the turn "Court of First Instance" through the turn "the regional court" as well as in Z 4 the turn "the District Courts" through the turn "the District Court" replaced.

(f) In paragraph 4, the word "Court of Justice" by the word "Landesgericht" replaced.

(g) In paragraph 5, after the word "Flat rate contribution" the twist "pursuant to paragraph 3" inserted.

(h) In accordance with paragraph 5, the following paragraph 5a is inserted:

" (5a) In the case of a flat-rate measure as referred to in paragraph 1 (9), the burden on the institution responsible for the monitoring of the proceedings and the extent of its expenditure, as well as the circumstances of the economic performance of the To take account of a substitute. "

(i) In paragraph 7, the turn shall be: "Costs of custody and custody" through the turn "costs caused by an arrest and the costs of pre-trial detention" replaced.

144. § 382 reads:

" § 382. The fees of the organs of the Criminal Police for the production of copies for the purpose of inspection of files, deliveries, cargoes, guarding or transportation of the accused or other persons shall be subject to special federal legislation "

145. Section 388 is amended as follows:

(a) In paragraph 1, the wording of the text shall not "(§ § 90d (1) and 90f (1))" .

(b) In paragraph 2, the turn shall be: "the Public Prosecutor" through the turn "the Public Prosecutor's Office" and the word "Suspect" by the word "accused" replaces and eliminates the word "extrajudicial" .

146. Section 389 is amended as follows:

(a) (1) and (2) are:

" (1) In the case of a guilty verdict, the defendant must also be obliged to reimburse the costs of the criminal proceedings (Section 260 (1) (5)).

(2) Where the criminal proceedings against a defendant are dealt with in part by means of guilt, partly with acquittals, the defendant shall only be obliged to replace those costs which relate to the guilty verdict. "

(b) In paragraph 3, the words "the Court of Justice" by the words "the court" replaced.

147. In Section 390 (1), the turn of the "a condemnable realization" through the turn "by a guilty verdict" , the quote "§ 48" by quoting "§ 72" and the number "IXa" by "11" replaced.

148. § 392 is deleted.

149. Section 393 is amended as follows:

(a) In paragraph 1a, the citation shall be "§ 41 (2)" by quoting "§ 61 (2)" replaced.

(b) In paragraph 2, the quote shall be: "§ 41 (2)" by quoting "§ 61 (2)" and the quote "§ 38a (2)" by quoting "§ 56 (1) third sentence" replaced.

(d) In paragraph 4, the text of the text shall be "(§ 48)" by the citing quote "(§ 72)" replaced.

150. Section 393a is amended as follows:

(a) In the receipt of paragraph 1, the text of the text shall be "(§ 48)" by the citing quote "(§ 72)" and the quote "§ 41 (2)" by quoting "§ 61 (2)" replaced.

(b) In paragraph 1 (1), the word "Grand Jury" through the turn "Landesgerichten als Geschworenengericht" , in which Z 2 the word "Schöffengerichten" through the turn "Landesgerichten als Schöffengericht" and in Z 3 the turn "Court of First Instance" by the word "State Courts" replaced.

(c) In paragraph 2, the text of the text shall be "(§ 41 (1) (1) and (2))" by the citing quote "(§ 61 (1) (4) and (5))" replaced.

(d) (5) reads:

"(5) A complaint lodged in good time against a decision which has been decided on the application shall have suspensive effect."

151. In § 394 the turn becomes "the representative of the party" through the turn "the defender or the representative in accordance with § 73" replaced.

152. Section 395 shall be amended as follows:

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

"If no agreement is reached on the amount of the costs to be replaced in accordance with section 393 (4), the court which has decided in the first instance shall determine the costs to be replaced by decision, at the request of one of the parties concerned."

(b) (3).

"(4) A complaint lodged in good time against a decision pursuant to paragraph 1 shall have suspensive effect."

153. Section 395a is deleted.

154. To the place of the title of XXIII. The main item is the headline:

" 19. Main item

Enforcement of judgments "

155. The following paragraph 3 is added to § 396:

"(3) The criminal police shall be informed by the court, which has decided in the first instance, of the cessation of the proceedings as well as of an acquittal."

156. § 399 reads:

" § 399. Any judgment against an official (Section 74 (1) Z 4 of the German Civil Code) shall, as soon as it has become legally binding, be made known to the head of the service. "

157. Section 400 shall be amended as follows:

(a) In paragraph 1, the second sentence is deleted.

(b) In paragraph 2, the quotations shall: "(§ 270 (4))" and "§ 270 (4)" through the quotations "(§ 270 (3))" and "§ 270 (3)" replaced.

158. In Section 408 (1), the turn-of-the- "otherwise affected persons (§ 444)" through the turn "the liability party (§ 64)" replaced.

159. Section 409a (5).

160. Section 410 (2) is deleted.

161. To the place of the title of the XXIV. The main item is the headline:

" 20. Main item

Proceedings against Absenteel "

162. The I. Section with § § 412 to 420 is deleted.

163. The heading of the II section before § 427 is replaced by the following heading:

"Absence procedure"

164. Section 427 is amended as follows:

(a) (1) and (2):

" (1) If the accused did not appear at the main trial, in the case of other invalidity in his absence the main hearing may only be carried out and the judgment may be rendered if the accused is a misdeed, the defendant in accordance with § § 164 or 165 to the charge accusation was heard and the summons to the main hearing was sent to him in person. In this case, the judgment shall be delivered to the accused in his written copy.

(2) Insofar as the main hearing cannot be carried out in the absence of the accused, either because the conditions laid down in paragraph 1 are not met or the chairman is in the presence of the defendant for the comprehensive assessment of the If the charges are considered necessary, the main trial must be held in accordance with Section 226 and, if necessary, the order of the accused must be ordered. However, if the accused is a fleeting or unknown stay, it is necessary to proceed pursuant to section 197 (1). "

(b) In paragraph 3, the turn shall be: "Court of First Instance" by the word "Landesgericht" , the turn "the Court of Justice of the second instance after hearing of the Oberstaatsanwaltes" through the turn "the Higher Regional Court after hearing the Chief Public Prosecutor's Office" and in the sixth sentence, the word "he" by the word "it" replaced.

165. To the place of the heading of the XXV. The main item is the headline:

" 21. Main item

Procedures for preventive measures and for the depletion of enrichment, decay and confiscation "

166. Section 429 is amended as follows:

(a) In paragraph 1, first sentence, the words "the Prosecutor" by the words "the Public Prosecutor's Office" replaced and in the second sentence after the word "indictup" the staple citation "(§ § 210 to 215)" inserted.

(b) In paragraph 2, the entry rate shall be:

"The following special features shall apply to the investigative procedure:"


" 1.		The defender shall be entitled to submit applications for the benefit of the person concerned (section 48 (2)) even against his will. "

(d) (2) (3) is:


" 3.		One or two experts may be consulted on any questioning of the person concerned. "

(e) (2) (4) reads:


" 4.		If it is assumed that the main hearing must be carried out in the absence of the person concerned (Section 430 (5)), the final hearing of the person concerned must be carried out in the manner described in Section 165. "

(f) In paragraph 4, the citation shall be "§ 180 (2) or (7)" by quoting "§ 173 (2) and (6)" replaced.

(g) In paragraph 5, the citation shall be "§ § 179 to 182, 193 and 194" by quoting "§ § 172 to 178" The last half-sentence in the first sentence is deleted.

167. Section 430 is amended as follows:

(a) In paragraph 1, the word "Schöffengericht" by the words "Landesgericht als Schöffengericht" replaced.

(b) In paragraph 2, the figures shall: "XVIII. and XIX." by the numbers "14. and 15." replaced.

(c) In paragraph 5, the turn shall be "in the preliminary investigation" through the turn "in the investigation procedure" replaced and after the word "read" the following phrase is inserted "or to present the sound or image recording of such a questioning" .

168. Section 431 is amended as follows:

(a) In paragraph 1, the turn shall be: "To notify of the order of the main negotiation" through the turn "to load to the main negotiation" replaced.

(b) In paragraph 2, the text of the text shall be "(§ § 208 to 210)" by the citing quote "(§ § 212 to 215)" and the word "opened" by the words "made known" replaced.

169. Section 433 is amended as follows:

(a) In paragraph 1, the text of the text shall be "(§ 282)" by the citing quote "(Section 282 (1))" replaced.

(b) In paragraph 2, the number "XX" by the number "16" replaced.

170. Section 434 is amended as follows:

(a) In paragraph 1, the word "Parties" through the turn "Public prosecutor's office and the person concerned" and the word "Non-competence" by the word "Lack of competence" replaced.

(b) In paragraph 2, the words "The Prosecutor" by the words "The Public Prosecutor's Office" replaced.

171. § 436 reads:

" § 436. In the case of Section 21 (2) of the German Civil Code (StGB), the special features of § 429 (2) (1) to (3) shall apply to the investigation procedure. "

172. In § 437 the words "the Prosecutor" by the words "the Public Prosecutor's Office" and the word "he" by the word "it" replaced.

173. In § 438, the parenthesis "(§ 180 (2) or (7))" by the citing quote "(§ 173 (2) and (6))" and the words "a judicial prisoner's house" by the word "a judicial institution" replaced.

174. In § 441 (1) the words shall be: "the Prosecutor" by the words "the Public Prosecutor's Office" replaced.

175. In § 442, the quote is "§ 180 (2)" by quoting "§ 173 (2)" replaced.

176. Section 443 is amended as follows:

(a) In the first sentence of paragraph 2, the turn shall be "simple additional surveys" through the turn "from taking evidence that does not significantly delay the decision in the guilt and criminal case," replaced.

(b) In paragraph 3, the turn shall be: "otherwise by the order concerned (§ 444)" through the turn "Liability parties (§ § 64, 444)" replaced.

177. Section 444 shall be amended as follows:

(a) para. 1 reads:

"(1) The main negotiation and sentencing can be carried out in the absence of the liability party (§ 64) if it has been duly summoned to the main hearing (§ 221 para. 2)."

(b) In paragraph 2, the turn shall be: "the persons referred to in paragraph 1" by the word "Liability Participants" replaced.

178. In Section 445 (2), the first sentence is to be used as the turn "the Court of First Instance" through the turn "the regional court" , and in the second sentence, the twist "The Court of First Instance" through the turn "The Regional Court" replaced.

179. Section 445a is amended as follows:

(a) In paragraph 1, the word shall be: "Affected" by the word "Liability parties" replaced.

(b) Paragraph 2 is deleted:

180. In § 446 the word "accused" by the word "Indicted" replaced.

181. To the place of the title of the XXVI. The main item is the headline:

" 22. Main item

Proceedings before the District Court "

182. § 447 reads:

" § 447. For the main proceedings before the District Court, the provisions for the proceedings before the Regional Court shall be deemed to be a public court, unless otherwise specified in the following. "

183. Subsection I with the provisions of § § 448 and 449 is deleted.

184. The heading before § 450 reads:

" 1. Section

Main proceedings "

185. § 450 reads:

" § 450. If the District Court is of the opinion that the Regional Court is competent, it shall, before ordering the main hearing, pronounce its substantive lack of competence with a decision. As soon as the decision has become legally effective, the Prosecutor shall make the applications necessary for the continuation of the proceedings. "

186. Section 451 shall be amended as follows:

(a) In paragraph 1, the first sentence and the second sentence are replaced by the following sentence:

"The application of criminal law (Section 210 (1)) shall contain the information referred to in Section 211 (1)."

(b) (4).

187. § § § 452 and 454 are deleted.

188. § 455 reads:

" § 455. (1) § 221 shall apply with the proviso that a period of eight days shall be replaced by a period of three days, unless the defendant does not have a period of preparation.

(2) If the defendant is not arrested, he may, if he does not wish to appear in person, be represented as a power defender at the trial by a defender. In this case, however, the Court of First Instance also has the right to ask the defendant, under the threat of the intended coercive consequences, for the personal appearance of the accused.

(3) If the defendant can be represented by a ruler, the accused person shall be given the position of the defendant in the main hearing. "

189. § 456 reads:

" § 456. In private prosecutors, the public shall also be excluded if the prosecutor does not meet a request made by the accused person. "

190. § 457 reads:

" § 457. If the defendant has no defender, he shall exercise his rights in the main proceedings themselves. "

191. Section 458 is amended as follows:

(a) (1).

(b) para. 2 reads:

" (2) The minutes of the negotiation (§ 271) may be replaced by a note to be signed by the judge, which only contains the information given in section 271 (1) (1) to (3), in so far as the parties to the proceedings do not have an appeal or, within the time limit which is open for that purpose, no appeal is made. Section 271a (3) of the last sentence shall apply. '

192. § 459 is deleted.

193. The title before § 463 reads:

" 2. Section

Legal remedies against judgments of the District Courts "

194. In § 463 the turn becomes "the Court of First Instance" through the turn "the regional court" replaced.

195. Section 465 is amended as follows:

(a) In paragraph 1, the word "guardian" in each case by the words "legal representatives" and the turn "The Public Prosecutor" through the turn "The Public Prosecutor's Office" replaced.

(b) In paragraph 3, after the word "because of" the following phrase is inserted: " Invalidity under the conditions and because of the conditions laid down in section 282 (2) .

196. Section 466 is amended as follows:

(a) In paragraph 1, the second and third sentences shall be replaced by the following sentence:

"Section 57 (2) shall also apply in the event of a waiver of a decision announced jointly with the judgment in accordance with § § 494 and 494a."

(b) In paragraph 5, the turn shall be: "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced.

197. Section 467 shall be amended as follows:

(a) In paragraph 2, the turn shall be: "through which points of the discovery" through the turn "by which slogan" and the turn "Court of First Instance" through the turn "Landesgericht" replaced.

(b) In paragraph 5, the turn shall be: "Court of First Instance" through the turn "Landesgericht" replaced.

198. Section 468 is amended as follows:

(a) In paragraph 1 (1) (1), the text shall be "(§ § 67 and 68)" by the citing quote "(§ § 43 and 46)" replaced.

(b) In paragraph 1 (2), the turn shall be: "Court of First Instance or the jury of the jury" by the word "State Courts" replaced.


" 2a.		if a protocol or any other official document has been read in the main hearing of the main hearing on a non-investigation or taking of evidence in the investigative procedure; "

(c) In paragraph 1, Z 3, the text of the text shall be "(§ § 126 (4), 140 (1), 144 (1), 155 (1), 157 (2) and 159 (3), 221 (2) (455 (1), 228, 250, 252, 260, 271, 427 and 439 (1) and (2))" .

(d) In paragraph 2, the turn shall be: "in § 281" through the turn "in § § 281 and 282 (2)" replaced.

199. In § 469, the turn "The Court of Justice" through the turn "The Regional Court" and the turn "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced.

200. In § 470, the following changes are made as follows:

(a) In the introduction rate, the turn shall be "the Court of Justice" through the turn "the regional court" replaced.

b) In the Z 2, the turn "the competent Court of Justice" through the turn "the competent national court" replaced.

c) In the Z 3, the number "IXa" by the number "11" replaced.

201. § 471 reads:

" § 471. § § 286 (1), 287, 288 (2) Z 3, first sentence, 289, 290, 293 (4), 294, 295 and 296a shall apply mutadenticly to the extent to which the appeal is to be held and carried out for the public hearing and for the decision on the appeal. The following shall not be determined otherwise. "

202. § 472 is deleted.

203. Section 473 is amended as follows:

(a) para. 1 reads:

" (1) For the hearing of the defendant, witnesses and experts, the provisions applicable to the main hearing before the State Court shall be applied as a public court. The protocol of the main negotiation can be read as well as the verdict, together with the decision-making reasons. "

(b) In paragraph 2 and in paragraph 5, the turn shall be "the Court of Justice" through the turn "the regional court" replaced.

204. § 474 reads:

" § 474. In accordance with the following provisions, the Regional Court shall recognize in the case itself in accordance with the provisions in force for the State Court as the Schöffengericht, unless the appeal is rejected as inadmissible or unfounded or that the appeal is rejected. the court seised shall be declared uncompetent. "

205. Section 475 shall be amended as follows:

(a) In paragraphs 1, 3 and 4, the turn shall be "the Court of Justice" through the turn "the regional court" replaced.

(b) In paragraph 2, the second sentence reads as follows:

"For the further procedure, § 263 para. 4 shall apply mutatily."

206. § 477 is deleted.

207. Section 478 is amended as follows:

(a) In paragraph 1, the turn shall be: "§ 459 on the Failure of the accused has been issued" through the turn "§ 427 was proclaimed in the absence of the defendant" replaced.

(b) In paragraph 2, the turn shall be: "the Court of First Instance" through the turn "the regional court (§ 31 para. 5 Z 1)" and the number "472" by the number " 474 " replaced. "

208. In § 479 the turn becomes "the Court of First Instance" through the turn "the Regional Court" replaced.

209. § 480 reads:

" § 480. For the resumption and renewal of the criminal proceedings as well as for the reinstatation to the previous level, those in the 16 will apply. Main items contained in the main piece. In the cases of § § 353 to 356 the District Court decides on the approval of the resumption. "

210. Section 481 is deleted.

211. In place of the heading of the XXVII. The main item is the following heading:

" 23. Main item

Proceedings before the regional court as a single judge "

212. § 483 is deleted.

213. § 484 reads:

" § 484. The application for criminal proceedings (Section 210 (1)) shall contain the information referred to in Section 211 (1) and shall refer to the evidence which has been requested in the main hearing. The Court of First Instance immediately submitted the application for criminal proceedings to the accused, including, where appropriate, a legal instruction in accordance with § 50, in particular the information on whether a case of a necessary defence has been given. Article 213 (3) shall apply mutatily. "

214. § 485 reads:

" § 485. (1) The Court of First Instance shall examine the application for criminal proceedings before the main hearing is arranged; and


1.		in the case of its local or factual lack of competence in accordance with § 450;
2.		to reject the application for criminal charges in the cases of § 212 Z 3 and 4;
3.		In the cases of § 212 Z 1, 2 and 7, reject the application for criminal proceedings by decision and cease the procedure;
4.		in any case, however, the main hearing shall be ordered in accordance with the provisions applicable to the proceedings before the Regional Court as a public court.

(2) As soon as a decision pursuant to paragraph 1 (1) (1) or (2) has become legally effective, the Prosecutor shall, within three months of any other loss of the right to pursue proceedings, make the applications necessary for the continuation of the proceedings. "

215. § § § 486 and 487 are deleted.

216. § 488 reads:

" § 488. (1) For the main proceedings before the regional court as a single judge and for appeals against its judgments, the provisions for the proceedings before the regional court shall be deemed to be a public court, to the extent that nothing else is determined in the following. The individual judge fulfills the duties of the chairman and the Schöffengericht (Schöffengericht).

(2) If the defendant does not have a defender, he shall exercise his rights in the main proceedings themselves.

(3) If the Regional Court, as a single judge, is of the opinion that the Regional Court has jurisdiction as a jury or jury, it has to: after the parties to the procedure have been consulted on the amended circumstances, to pronounce its lack of competence. As soon as this judgment has become final, the Prosecutor has to make the applications necessary for the continuation of the proceedings.

(4) § 458 (2) shall apply. The judgment may be issued in an abbreviated form under the conditions set out in § 458 (2), first sentence (Section 458 (3)), unless a custodial sentence surpassed one year or a deprivation of liberty connected with deprivation of liberty. preventive action. "

217. § 489 reads:

" § 489. (1) In addition to the objection referred to in Article 427 (3), only the appeal against the judgments given by the regional court as a single judge can only be appealed against in accordance with Section 281 (1) (1) to (5) and (6) to (11) and § 468 (1) (1) (1) and (2). Grounds for annulment or against the claims referred to in § 464 (2) and (3) shall be taken. § 285 (2) to (5), 465 to 475 and 479 are to be applied in accordance with the procedure for the procedure. The provisions cited in § 468 (1) (3) shall apply to the invalidity reason of § 281 (1) Z 3.

(2) The court days for the public hearing on the appeal shall be held at the seat of the Higher Regional Court. However, with regard to the stay of the parties to the proceedings or after hearing the prosecutor and the defendant, the chairman may also arrange for other important reasons to arrange for the court day to be held at another in the sails of the Oberlandesgericht is to be held. Such a hearing shall not be required if the defendant is in detention in the defendant of the national court, at which the court day is held.

(3) The trial and decision on an appeal shall also exclude members of the Oberlandesgericht who, in the previous proceedings, took the decision on a decision on a complaint against the national court as a single judge. Dismissal or recruitment (§ 485) were involved. "

218. § 490 reads:

" § 490. For the resumption and renewal of the criminal proceedings as well as for the reinstatation to the previous level, those in the 16 will apply. Main items contained in the main piece. In the cases of § § 353 to 356 the regional court decides as a single judge on the approval of the resumption. "

219. Section 491 is deleted.

220. The title of the XXVIII. The main item is:

" 24. Main item

Procedures for conditional punitive review, conditional review of preventive measures, issuing of instructions and arrangement of probation assistance "

221. In Section 494a (2), the turn-of-the- "at the Court of First Instance" through the turn "at the regional court" replaced.

222. Section 496 shall be amended as follows:

" § 496. If, on the basis of certain facts, it is to be assumed that the conditional indulge of a sentence or sentence is revoked and that the convicted person is to flee for that reason (Section 173 (2) (1) and (3)), his arrest is admissible, to which the criminal police are entitled to do so if, in the event of danger in default, an order of the public prosecutor's office cannot be obtained in good time. For the further procedure, the following shall apply in the 9. The provisions contained in the main piece, provided that the time limit for detention is one month. In addition to three months, detention shall not be maintained in any case. "

223. Section 498 is amended as follows:

(a) (1).

(b) In paragraph 2, the second to sixth sentences shall be replaced by the following:

" In the case of the oral proclamation, § 86 (2) and (3) shall apply. In this case, the deadline for filing the complaint shall be the notification of the written copy. A timely appeal shall have suspensive effect, unless it is directed against a decision pursuant to Section 496. "

(c) In the last paragraph of paragraph 3, the word shall: "the" by the word "that" and the word "Court of Justice" by the word "Court" replaced.

224. To the place of the title of the XXIX. The main item is the headline:

" 25. Main item

Exercise of criminal justice over soldiers in peace "

225. Section 501 reads as follows:

" § 501. (1) The conduct of criminal proceedings in respect of an act is not inadmissible on its own because it can also be prosecuted by the competent authorities as a violation of a special military service or civil service obligation.

(2) In the event of a crime threatened with no more than six months ' imprisonment in accordance with the Military Criminal Code, criminal proceedings may not be conducted or a criminal procedure already commenced shall not be continued provisionally (§ 197), as soon as The public prosecutor's office or court has been informed by the competent authority that a military disciplinary procedure is being carried out because of the act. If it is a crime with more than six months 'imprisonment, but not more than two years' imprisonment, it is possible to do so, according to the Military Criminal Law. the prosecutor's office or the Court of First Instance defer the initiation or continuation of the proceedings if it appears to be appropriate with regard to a military disciplinary procedure carried out on the basis of the act. After the disciplinary proceedings have been completed, the Public Prosecutor's Office shall act in accordance with the provisions of Section 263 (4). So long a procedure under this federal law will not be initiated or continued, shall rest the statute of limitations. "

226. Section 502 is amended as follows:

(a) The turn shall be taken at the entrance to the first paragraph "Preliminary safekeeping (§ 177) of a criminal act suspects for the purpose of the performance before the investigating magistrate" through the turn "Arrest (§ 170) of the accused person" replaced.

(b) In paragraph 1 (1) (1) the word "Suspect" by the word "accused" replaced.


" 2.		if the accused is a soldier, one of the circumstances referred to in § 170 (1) (2) to (4) is present and, in the event of danger in default, an order of the public prosecutor's office approved by the court cannot be obtained in good time. "

(d) In paragraph 2, the turn shall be: "§ 177 (2) to (4) shall apply" through the turn "§ § 170 (3) and (172) shall apply" replaced.

227. Section 503 is amended as follows:

(a) In paragraph 1, the turn shall be: "Arrest or deafening" through the turn "arrest or release" replaced.

(b) In paragraph 4, the turn shall be "a judicial prisoner's house" through the turn "a judicial institution" replaced.

228. In § 504 the turn will be "Courts and security authorities and their institutions" through the turn "Criminal police, the prosecutor's office or the court" replaced.

229. In § 505 the turn will be "judicial decisions and decrees" through the turn "Orders, decisions and other documents" and the turn "without a special request directed to the Court" through the turn "from officals to the date" replaced.

230. Section 506 is amended as follows:

(a) In paragraph 1, the wording of the wording is deleted.

(b) para. 2 reads:

"(2) The degree of service and the body of the accused are to be found in all documents which are to be sent to him or the military authorities (§ 503) or through which his deludition is to be initiated."

231. The title of the XXX. The main item is:

" 26. Main item

Mercilyprocedure "

232. In § 513 the turn is "rules applicable to administrative acts of administrative authorities in the service of criminal justice" through the turn "Provisions of the General Administrative Procedure Act 1991" replaced.

233. In § 514, before the word "on" the following phrase is inserted " and the Federal Law, BGBl. I No 93/2007, " .

234. Section 516 is amended as follows:

(a) In paragraph 1, after the word "Criminal Procedure Reform Act" the twist " and the federal law, BGBl. I No 93/2007, " inserted.

(b) The following paragraph 4 is added:

" (4) Am 31. 12. In 2007 existing entries of persons within the meaning of § 39 (3) third sentence in the version valid before the entry into force of the Criminal Procedure Reform Act remain in the list of defenders; the persons registered there are valid until the completion date. of their 70. Life-year within the meaning of Section 48 (1) (4) of the Code as a legal person entitled to representation in criminal proceedings. Mandates granted before that date shall entitle the Commission to the final conclusion of the underlying procedure for the exercise of the defence in this case. Section 39 (3) in the version in force before the entry into force of the Criminal Procedure Reform Act is to continue to apply for these entries. "

Article II

Amendment of the Criminal Code

The Criminal Code, BGBl. No 60/1974, as last amended by the Federal Law BGBl. I. No 56/2006 is amended as follows:

1. § 42 together with the title shall be deleted.

(2) § 58 is amended as follows:

(a) (3) (2) is:


" 2.		the period between the first-time interrogation as an accused (§ § 164, 165 StPO), the seizure of punishment measures by the public prosecutor's office (§ 168 paragraph 1 StPO) or the first-time threat or exercise of coercion against the perpetrator (§ § 93 para. 1, 105 (1) of the StPO) because of the act and the final termination of the proceedings; "

(b) The following Z 4 shall be added to paragraph 3:


" 4.		the probative period in accordance with Section 203 (1) of the StPO, the time limits for payment of a sum of money, including any claims for damages and for the provision of non-profit-making services, including any compensation for damages (§ § 200 para. 2 and 3, 201 para. 1 and 3 StPO), as well as the Time from the position of a request from the Public Prosecutor's Office pursuant to Section 204 (3) of the StPO to the announcement of the conflict agent on the countervailing agreements and their fulfilment (Section 204 (4) of the StPO). "

3. In § 64 (1) (3), the words shall be deleted before the citing "in court" and becomes after the staple quote "(§ 289)" the twist "in an investigative procedure according to the Code of Criminal Procedure or" inserted.

4. § 107a (3).

5. § 117 is amended as follows:

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

(b) In paragraph 3, the turn shall be: "from the public prosecutor" through the turn "replaced by the Public Prosecutor's Office" .

(c) In the second sentence, the phrase in paragraph 4 shall be: "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced; the last sentence is deleted.

6. In § 118 (4), the turn-of-the- "the Public Prosecutor" through the turn "the Public Prosecutor's Office" replaced.

7. In § § 195 (3), 196 (2), 218 (3) and 318 (1), the turn of the turn shall be: "on request" through the turn "with empowerment" replaced.

8. In § 287 (2), the turn-of-the-art ", on request" .

9. In the title before § 288, the words "in court" .

The following paragraph 4 shall be added to § 288:

"(4) According to paragraph 1, it must also be punished who, as a witness or expert, is committing any of the acts referred to there in an investigative procedure under the Criminal Procedure Code before criminal police or prosecutor's office."

11. In § 289, after the word "Who" the following phrase is inserted: "except in the cases of section 288 (3) and (4)" .

12. In § § 290 (1) and (4) (1a) and 299 (4), the word "Criminal" by the word "criminal" replaced.

13. In § 292 (1) the words are deleted "in court" .

14. § § 293 (1) and (295) shall be used in each case after the turn of the "administrative procedure" the twist "or in an investigative procedure according to the Code of Criminal Procedure" inserted.

15. In § 296, the turn "Court or Administrative Authority" through the turn "Court of First Instance, the Public Prosecutor's Office, the Administrative Authority or the Criminal Police (§ 18 StPO)" replaced.

16. In § 301 (3), the words "Telecommunications" by the words "of messages" and the citing quote "(§ 149m para. 2 StPO)" by the citing quote "(§ 145 para. 2 StPO)" replaced.

Article III

Amendment of the law on juvenile justice

The Federal Act of 20. October 1988 on the administration of justice in juvenile offenders (juvenile justice law 1988-JGG), BGBl. No 599/1988, as last amended by the Federal Law BGBl. I No 102/2006 is hereby amended as follows:

1. § § 2 and 3 are repealed.

2. § 4 (2) is amended as follows:

a) At the end of the Z 1, the word "or" .

(b) At the end of Z 2, a point shall be replaced by a point at the point of the apportion; the word "or" No.

c) The Z 3 is deleted.

3. In § 5 Z 7, the turn "§ 42 StGB" through the turn "§ 191 StPO" replaced.

4. § 6 reads:

" § 6. (1) The prosecution of a juvenile offence, which is only punishable by a fine or a custodial sentence, the maximum of which does not exceed five years, must be dissected by the Public Prosecutor's Office and the investigative procedure shall cease if an action is taken. shall not be taken into consideration in accordance with § § 190 to 192 StPO and further measures, in particular those according to the 11. The main part of the StPO, in conjunction with § 7, shall not appear in order to prevent the accused from committing criminal acts. In any case, such a procedure is excluded if the act has resulted in the death of a human being.

(2) At the request of the Public Prosecutor's Office, the Administrative Court formally has to inform the accused of the injustice of acts such as the persecuted and their possible consequences and then to agree that the prosecution has not been carried out. If such a request is not made, the Public Prosecutor's Office has to inform the accused, under the appropriate application of § 194 of the StPO, that the prosecution has not been prosecuted.

(3) Under the same conditions, the Court of First Instance, after having received the indictment, has decided to terminate proceedings before the end of the main hearing on the grounds of a criminal act which is to be followed by its own motion. The provisions relating to the termination of the investigation procedure at the request of the accused (§ 108 StPO) shall remain unaffected. "

5. § 7 together with headline reads:

" Resignation from the Persecution (Diversion)

§ 7. (1) The Public Prosecutor's Office shall be responsible for the To proceed with the main part of the StPO and to withdraw from the prosecution of a juvenile offence if, on the basis of sufficiently clarified facts, it is established that a cessation of the proceedings according to § § 190 to 192 StPO does not come into consideration, a Penalties, however, with a view to:


1.		the payment of an amount of money (§ 200 StPO) or
2.		the provision of non-profit-making services (§ 201 StPO) or
3.		the determination of a probation period, in connection with probation assistance and the performance of obligations (§ 203 StPO), or
4.		A compensation (§ 204 StPO)
appears not to be necessary in order to prevent the accused from committing criminal acts.

(2) However, the procedure referred to in paragraph 1 shall be admissible only if:


1.		the guilt of the accused should not be regarded as heavy (§ 32 StGB), and
2.		the action did not result in the death of a person, unless a member of the accused has been negligently killed and a punishment in respect of the serious injury caused by the death of the family member in the case of the accused person psychological stress does not appear to be necessary. "

6. According to § 7, the following § 8 and heading is inserted:

" Special features of the application of the diversion to juvenile offenders

§ 8. (1) The payment of a sum of money ( § 200 StPO ) shall be proposed only if it is to be assumed that the amount of the money shall be paid out of funds on which the accused may be self-employed and may have no impairment of his/her future.

(2) Non-profit-making services (§ 202 para. 1 StPO) may not take more than six hours per day, not more than 20 hours a week, and not more than 120 hours in total.

(3) The agreement of the victim does not require the consent of the victim (Section 204 (2) of the StPO).

(4) In the event of damage compensation and any other compensation for damages (Sections 200 (3), 201 (3), 202 (2) and 204 (1) of the StPO), the performance of the young person must be taken into account in an appropriate manner and shall ensure that his/her progress is not is uncheaply made more difficult. "

7. § 27 shall be amended as follows:

(a) In paragraph 1, the word order shall be "Landesgericht als" before the word "Grand Jury" inserted.

(b) In paragraph 1 Z 1, the turn shall be "§ 14 para. 1 Z 1 to 10 StPO" through the turn "§ 31 paragraph 2 Z 2 to 12 StPO" replaced.

"(2) For the delimitation of jurisdiction between the regional court as a single judge and the regional court as a public court, as well as between district court and regional court, the reduction of the penal threats in accordance with § 5 Z 4 remains out of consideration."

8. § 29 has to be read:

" § 29. The public prosecutor's office (§ 25 StPO) or the court (§ 36 StPO) is responsible for juvenile criminal matters, in the course of which the accused person has or had his habitual residence at the time of the beginning of the criminal proceedings (§ 1 sec. 2 StPO). "

(9) § 32 is amended as follows:

(a) para. 1 reads:

" (1) The provisions relating to the absentee procedure shall not apply to juvenile defendants in the event of any other nullity. If the defendant has not appeared in the main hearing, then the accused shall be postpone and, where appropriate, the lead of the defendant to be ordered. However, if the accused is a fleeting or unknown stay, it is necessary to proceed in accordance with Section 197 (1) of the StPO. "

(b) (3) reads:

"(3) The criminal police also have to report to the Public Prosecutor's Office (§ 100 StPO) if an injunction is suspected of having committed a criminal offence."

(10) § 33 is amended as follows:

(a) para. 1 reads:

" § 33. (1) The Public Prosecutor's Office has to inform the youth welfare carrier and the parish court from the initiation of criminal proceedings against a young person. "

(b) para. 2 reads:

" (2) From the end of the criminal proceedings against a young person or an inconder, the youth welfare carrier and the parish court have the following in the case of hiring or resignation of the prosecution (§ § 194 and 208 para. 4 StPO) Prosecutor's office, in the other cases the court to agree. "

"(3) Experience the youth welfare carrier or the parish court that criminal proceedings are pending against the accused at various prosecutors or courts, so they have to inform the authorities concerned."

(d) In paragraph 6, the word order shall be "§ 25 of the Suchtgiftgesetz 1951" through the phrase "§ 24 of the Suchtmittelgesetz (SMG)" replaced.

§ 34 shall be amended as follows:

(a) paragraph 1 shall have the following:

" (1) A juvenile offence and a criminal case against an adult for participation in the same offence are the investigative procedures of the Public Prosecutor responsible for the subject of the juvenile justice and the main proceedings of the in the case of the Court of Justice in charge of juvenile justice. "

(b) In paragraph 2 (1), the word order shall be "criminal offence" through the phrase "Offence" replaced.

12. § 35 is amended as follows:

(a) The heading has to be read:

" Arrest and custody of juvenile defendants "

(b) In paragraph 1, the first sentence shall be:

" If and as soon as the purpose of the arrest (§ § 170 to 172 StPO) or the pre-trial detention (§ 173 StPO) can be achieved by family law, at most in connection with a more money-based means (§ § 172 (2) and 173 (5) StPO) or has already been reached, the young person is to be released. "

(c) In paragraph 3, the turn shall be: "Schöffengerichtes oder des Geschworenengerichtes" through the turn "of the regional court as a scoop or grand jury" replaced.

(d) In paragraph 4, the word "Attitude" by the word "Arrest" replaced.

13. § 36 shall be amended as follows:

(a) In the first sentence of paragraph 1, the turn shall be: "the prisoner's house" through the turn "the judicial institution" and in the second sentence, the word "Attitude" by the word "Arrest" replaced.

(b) para. 2 reads:

" (2) After the judgment of the first instance, the Executive Directorate may order that the detention with the consent of the young person shall also be carried out in a special institution for young people, if a custodial sentence to be carried out there is to be expected and There are no disadvantages for the criminal procedure and for the young person. Before a change of the port gate, the Public Prosecutor's Office, the General Court and the legal representative shall be given the opportunity to comment. "

14. § 37 shall be amended as follows:

(a) para. 1 reads:

" (1) The hearing of a young person (§ § 164 and 165 StPO), unless he is represented by a defender, is to be accompanied by a person of his trust at the request of the young person. The young person is to be informed about this right in the legal instruction (§ 50 StPO) and in the summons (§ 153 para. 2 StPO), but at the latest before the beginning of the questioning (§ 164 (1) and (2) of the StPO). Where necessary, the hearing shall be postpone until the defender or the person of the confidence of the person has been received, for as long as it is compatible with the purpose of the hearing, unless there is an unreasonable extension of a holding. would be. Section 164 (2), third sentence, StPO does not apply. "

(b) (3) reads:

"(3) § 160 (2) third and fourth sentence of the StPO shall apply mutatily."

15. § 38 is amended as follows:

(a) paragraph 1 shall have the following:

" (1) In so far as the accused has the right to be heard or to be present in the course of investigations or taking of evidence, that right shall also be entitled to the legal representative of a juvenile accused person. The same applies to the right to file inspection, unless the legal representative is suspected of having participated in the offence. "

(b) para. 2 reads:

" (2) Communications pursuant to Sections 200 (4), 201 (4) and 203 (3) of the StPO and pursuant to Section 35 of the Law on Narcotic Drugs and the provisional withdrawal from the prosecution and the provisional cessation of the criminal proceedings in accordance with § § 201 (1), 203 (1) of the StPO § § 35 and 37 of the Suchtmittelgesetz [Suchtmittelgesetz], the indictup, the criminal proceedings and court decisions with which the juvenile is guilty of a criminal offence, determines the sentence, imposes the sentence, continues or repeals or a conditional sentence or dismissal shall be revoked, shall also be to make known legal representatives if their stay is well known and located in the country. Under these conditions, the legal representative shall, if necessary, be notified of the arrangement of an oral hearing with the insert that his participation would be recommended. "

(c) In paragraph 5 (2), the turn shall be: "in the main negotiation" through the turn "to the taking of evidence and negotiations referred to in § 49 Z 10 StPO" replaced.

(d) In paragraph 6, the turn shall be: "trial ordered by the court or to the main hearing" through the turn "in § 49 Z 10 StPO of the taking of evidence and negotiation" replaced.

16. § 39 is amended as follows:

(a) The sales designation "(1)" , as well as paragraphs 2 and 3, the turn of the "§ 41 para. 2 StPO" is going through the turn "§ 61 paragraph 2 StPO" and the turn "Courts of Tribunals and the jury of the jury" by the word "Landesgerichten" replaced.

(b) Z 2 is:


" 2.		in the district judicial procedure, where this is necessary or appropriate in the interests of the administration of justice, in particular in respect of the rights of the young person, but in any event, if no legal representative is given to the young person in criminal proceedings , or in spite of a proper summons, no legal representative has appeared on the evidence and negotiations referred to in § 49 Z 10 StPO. "

17. In § 40 the Wendung "the main negotiation" through the turn "the taking of evidence and negotiations referred to in § 49 Z 10 StPO" replaced.

18. § 43 shall be amended as follows:

(a) In paragraph 1, the last sentence shall be:

"In case of doubt, the investigation of the accused shall be ordered by a doctor, psychologist or psychotherapist."

(b) In paragraph 2, the word order shall be "the Public Prosecutor" through the phrase "the Public Prosecutor's Office" replaced.

19. § 44 reads:

" § 44. (1) Private charges relating to juvenile offences are inadmissible. Offences which otherwise can only be prosecuted at the victim's request shall, with the authorisation of the victim, pursue the prosecution, but only if this is due to educational reasons, or if this is justified, beyond the need for retribution. The interests of the victim are commanded.

(2) The rights according to § § 72, 195 and 282 (2) of the StPO are not to be granted to private persons in proceedings against juvenile defendants. "

Article 45 (2) reads as follows:

"(2) From a flat-rate contribution in accordance with § 388 StPO, it is to be seen that the payment of this contribution would make the progress of the young person more difficult."

21. § 46 (1) reads:

" (1) If a right-breaker has been given the instruction to undergo a deforestation treatment, a psychotherapeutic or a medical treatment (Section 51 (3) of the German Civil Code) and has neither himself nor any other claim to be entitled to corresponding benefits from a statutory health insurance or a hospital care facility of a public service provider, the costs of the treatment of the federal government must be taken over, but only to the extent to which the Insurance institution would be charged to the public for the costs if the right-breaker in the health insurance company would be publicly insured; a treatment fee (§ 63 (4) of the Civil and Accident Insurance Act, BGBl. No. 200/1967), it has not to be provided. The Federal Government must take over the costs of the treatment even if a accused person has expressly declared himself willing to perform certain duties during the trial period, which could be given as instructions (§ 51 StGB) (§ 203 para. 2 StPO). The decision to take over the costs shall be granted to the court which issued the instruction, or which would be responsible for issuing the instruction. "

(22) § 48 is amended as follows:

a) In Z 2 the word "extrajudicial" .

b) In the Z 3, after the word "Proposals" the twist "to the Pflegschaftsgericht or the Youth Welfare Carrier" inserted.

c) In the Z 4, the turn "The imposition and maintenance of custody and pre-trial detention over the accused" through the turn "Release of the accused in accordance with § 35 (1)" replaced.

23. In § 49 (2) the word order shall be "Court of First Instance" by the word "Landesgerichte" replaced.

(24) § 50 is amended as follows:

(a) In the second sentence of paragraph 2, the turn shall be "The Courts" through the turn "Criminal police, prosecutor's office and courts" replaced.

(b) In paragraph 3, the quote shall be: "§ 74 Z 4" by quoting "§ 74 (1) Z 4" replaced.

25. The following paragraph 4b shall be inserted in Article VIII.

" (4b) The § § 2 para. 2, 3, 4 para. 2, 5 Z 7, 6 to 8, 27, 29, 32 to 40, 43, 44, 45 para. 2, 48, 49 para. 2 and 50 in the version of the Federal Law BGBl. I No 93/2007, with 1. Jänner 2008 in force. "

26. The following paragraph 1a is inserted in Article IX:

"(1a) § 516 StPO is to be applied in a reasonable way."

Article IV

Amendment of the Financial Criminal Law

The Financial Criminal Law, BGBl. N ° 129/1958, as last amended by the Federal Law BGBl. No 44/2007, is hereby amended as follows:

1. The heading before § 220 reads: " To 16. Main piece "

2. The heading before § 231 reads: " To § 197 and to 20. Main piece. " .

2. In § 232 the turn-of-the-turn "Before the Criminal Courts" .

3. The headline before § 246 has to be read: " To the 23rd. Main piece. "

4. The following paragraph 1k is inserted in § 265:

" (1k) § 232 as well as the transcripts before § § 220, 231 and 246 shall take place with 1. Jänner 2008 in force. "

Article V

entry into force

Article II shall enter into force 1. Jänner 2008 in force.

Article VI

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

Gusenbauer

Amendment Of The Code Of Criminal Procedure 1975, Of The Penal Code, The Juvenile Court Act 1988 And Of Financial Criminal Law

Original Language Title: Änderung der Strafprozessordnung 1975, des Strafgesetzbuches, des Jugendgerichtsgesetzes 1988 und des Finanzstrafgesetzes

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