38. Federal Act amending the Federal Act on Judicial Cooperation in Criminal Matters with the Member States of the European Union (EU-JZG) (EU-JZG-ÄndG 2007)

The National Council has decided:

The Federal Law on Judicial Cooperation in Criminal Matters with the Member States of the European Union, BGBl. N ° 36/2004, as amended by the Federal Law BGBl. N ° 164/2004, shall be amended as follows:

1. The table of contents shall be amended as follows:

a. The table of contents of the third section of the III. Main item has to be read:

" Third Section

Enforcement of property orders

First subsection

Enforcement of decisions of other Member States

§ 52.	Requirements
§ 52a.	Inadmissibility of enforcement
§ 52b.	Responsibility
§ 52c.	Procedure
§ 52d.	Decision
§ 52e.	Postponing of enforcement
§ 52f.	Asset orders of several Member States
§ 52g.	Proceeds from enforcement
§ 52h.	Enforcement of enforcement
§ 52i.	Understanding of the decision-making state
§ 52j.	Cost

Second subsection

Effect of enforcement in another Member State

§ 52k.	Referral to another Member State
§ 52l.	Transfer of an investment law order to several executing States
§ 52m.	Enforcement in the country
§ 52n.	Understanding of the executing State "

b. The table of contents of the fourth section of the III. Main item has to be read:

" Fourth Section

Enforcement of monetary sanctions

First subsection

Enforcement of decisions of other Member States

§ 53.	Requirements
§ 53a.	Inadmissibility of enforcement
§ 53b.	Responsibility
§ 53c.	Procedure
§ 53d.	Decision
§ 53e.	Postponing of enforcement
§ 53f.	Proceeds from enforcement
§ 53g.	Replacement Custodial Sentence
§ 53h.	Enforcement of enforcement
§ 53i.	Understanding of the decision-making state
§ 53j.	Cost

Second subsection

Effect of enforcement in another Member State

§ 53k.	Referral to another Member State
§ 53l.	Revocation of the referral
§ 53m.	Enforcement in the country "

c. At the end of the table of contents is added:

" Annex V

Certificate pursuant to Article 4 of Council Framework Decision 2006 /783/JHA on the application of the principle of mutual recognition to confisceration decisions

Annex VI

Certificate provided for in Article 4 of Council Framework Decision 2005 /214/JHA on the application of the principle of mutual recognition to financial penalties "

2. § 1 (1) is amended as follows:

a) In the first sentence, the word "criminal" , and at the end of the first sentence, the words " in criminal proceedings against natural persons and against associations (Section 1 (2) and (3) of the Law on Responsibility For Association)-VbVG, BGBl. I No 151/2005) " .

(b) Z 1 has to be read:

" 1.		the recognition and enforcement of judicial decisions, in particular by
a)			Transfer of persons,
b)			Securing evidence and property,
c)			Enforcement of property orders and
d)			Enforcement of monetary sanctions. "

3. § 2 Z 6 has to read:

" 6.		"Decision State" of the State,
a)			whose judicial authority has adopted a freezing order, has declared it enforceable or otherwise confirmed it;
b)			the court or other judicial authority has adopted a decision imposing a monetary sanction, or
c)			the Court of First Instance has issued an order for property law; "

4. In § 2 Z 7 it is deleted in the lit. a the word "or" , in the lit. b will replace the stroke point with a dash, and it will be the following lit. C and d are added:

" (c)			in the territory of which the person in respect of which the fine has been sanctioned has his residence or residence, has assets or receives income, in the case of an association (Article 1 (2) and (3) of the VbVG), in the territory of which he or she is responsible, has its registered office, has assets or relates to income, or
d)			in the territory of which the sums of money or objects covered by the asset ' s arrangement are situated, or the person against whom the property order has been issued, has his residence or residence, has assets or income, in the case of an association (Article 1 (2) and (3) of the VbVG), in the territory of which the funds or objects covered by the asset ' s arrangement are located, the association has its registered office, assets or refers to income; "

5. In § § 4 (3) and (4) and 19 (3) the turn shall be "Annex I" through the turn "Annex I, Part A," replaced.

6. The Third Section of the III. The main item, together with the title, shall be as follows:

" Third Section

Enforcement of property orders

First subsection

Enforcement of decisions of other Member States

Requirements

§ 52. (1) An arrangement of property law which has been legally convicted by a court of another Member State shall be enforced in accordance with the provisions of this Section.

(2) An investment law order is a decision taken after the execution of a criminal court procedure, which is based on the withdrawal of sums of money or objects (default, confiscation; § § 20b and 26 StGB) or one at the place of the removal of funds. (the levy of enrichment; § 20 of the German StGB). No investment-law arrangements are fines or fines, victim compensation and procedural costs.

Inadmissibility of enforcement

§ 52a. (1) The enforcement of the property rights of another Member State by an Austrian court is inadmissible,

1.		if the deed is based on the asset-legal order or, if the money laundering is in accordance with § 165 StGB (German Civil Code), its budget
a)			has been committed in the country or on board an Austrian ship or aircraft; or
b)			has been committed outside the territory of the issuing State if, under Austrian law, acts of this type committed outside the territory of the Federal Republic are not subject to the scope of the Austrian criminal laws;
2.		if, in respect of the act on which the property is based, the person concerned has issued a definitive order of property in the territory of the country or a definitive arrangement already in place in another State, is;
3.		it is not, in accordance with Austrian law, a criminal offence under Austrian law, unless the deed is assigned to one of the categories of offences listed in Annex I, Part A, of the offences listed in Annex I, Part A, Decision-making State is binding subject to § 52c (2) (2) (3).
4.		if the enforceability of the investment law order, which is based on an act subject to the scope of Austrian criminal law, is statute-barred under Austrian law;
5.		in so far as the person concerned has been granted amnesty or pardon at home or in the issuing State;
6.		in so far as enforcement would be contrary to provisions relating to immunity;
7.		in so far as the enforcement is contrary to the rights of good-faith third parties;
8.		in the absence of the person concerned, where the trial which led to the investment in property has taken place and the latter has not been represented by a defender, unless he or she is personally or by virtue of the law of the person concerned. In accordance with the legislation of that State, the competent authority has been informed of the proceedings or has declared not to challenge the order of property law;
9.		in so far as the asset-legal order includes an expanded collection which could not be issued in accordance with § § 20 (2) or (3) or (20b) StGB;
10.		if there are objective indications that the decision has been taken in breach of fundamental rights or fundamental legal principles within the meaning of Article 6 of the Treaty on European Union, in particular: An arrangement of assets for the purpose of punishing the person concerned on the grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinion or sexual orientation has been taken and the The European Court of Justice did not have the possibility to refer this fact to the Court of human rights or before the Court of Justice of the European Communities.

(2) In levies, tax, customs and monetary matters, the execution of the investment law may not be refused on the grounds that the Austrian law does not impose similar charges or taxes or does not impose a tax on the law of the Member State in which the law is applied. in the same way as the law of the issuing State.

Responsibility

§ 52b. (1) The Court of Justice of the Court of Justice shall have jurisdiction to decide on the execution of an investment law order.

(2) Local competence shall be based on the place where the amount of money or subject matter covered by the asset ' s arrangement is situated or where the person concerned has assets in which the decision may be carried out. Where these places cannot be established, the place where the person concerned is domicated or resident is the place where the person concerned is a federation (Article 1 (2) and (3) of the VbVG), including the place where the person concerned is situated, his holding or his/her holding, or his/her residence or residence. Site. If, according to these provisions, the jurisdiction of a particular court is indeterminable, the Landesgericht für Criminal Court (Landesgericht) of Vienna is responsible for criminal matters.

(3) Where the court which has been referred to the law is not competent, it shall take the matter to the competent court.

Procedure

§ 52c. (1) Enforcement shall require that the domestic court

1.		the decision to be taken and
2.		the certificate signed by the competent authority (Annex V) and, if the issuing State has not made the declaration, to accept certificates as a executing State in German (Section 52k para. 2), the translation of which shall be translated into the German language
shall be forwarded.

(2) If

1.		the certificate has not been transmitted, is incomplete in substantial parts or appears to be contrary to the asset-legal order;
2.		there are indications that one of the reasons cited in § 52a (1), (1), (2) and (7) to 10 (10) for the inadmissibility of enforcement is available,
3.		the legal assessment as a criminal offence referred to in Annex I, Part A, is manifestly flawed, or the person concerned has raised reasoned objections, or
4.		the person concerned certifies that the amount of money or subject-matter covered by the asset-legal order has already been recovered, has already been partially enforced on a monetary amount or on the basis of a monetary amount. has already paid a sum of money to such a decision,
, the authority of the issuing State shall, within a reasonable time limit to be determined, request the issuing, completion or supplementary information to be accompanied by an indication that, in the event of a fruitless expiry of the time limit, enforcement shall be wholly or partially enforced. Part of it will be refused.

(3) Article 14 (1) to (5) shall apply mutatily to the commercial transactions.

(4) On the conditions of enforcement (§ § 52, 52a), on the question of an already effected confiscation of the amount of money or object covered by the investment law arrangement and the amount of the amount to be executed, the Decision subject to be heard if he can be summoned domestily.

Decision

§ 52d. (1) The decision shall be taken by decision on enforcement. The decision shall have the name of the authority whose decision is being enforced, its reference number, a brief description of the facts, including the place and time of action and the measures ordered, the name of the offence as well as the legislation of the decision-making state applied.

(2) Where the execution of a monetary asset is assumed, the amount to be enforced in the national territory shall be fixed at the level of the amount pronounced in the decision to be completed. If this amount is not declared in euro, the conversion shall be carried out in accordance with the exchange rate applicable on the date of the release of the decision to be carried out. Payments already made and amounts already paid shall be set off.

(3) The Public Prosecutor's Office and the person concerned by the decision shall be open to the Court of Justice of the second instance within 14 days against the decision. A complaint lodged in good time shall have suspensive effect.

(4) In accordance with the legal force of the decision, § 408 StPO shall be used.

(5) If enforcement is refused on one of the grounds of Section 52a (1), the Public Prosecutor's Office shall report to the Federal Ministry of Justice, following a decision-making process.

Postponing of enforcement

§ 52e. (1) The enforcement of the investment law order shall be postpone

1.		as long as a admissible complaint (§ 52d para. 3) has not been passed in a legally binding manner;
2.		if the issuing State has also referred to other Member States with the enforcement of the investment law order and the total amount that has been carried out could exceed the amount set out in the investment-capital arrangement;
3.		as long as the amount of money or subject-matter is the basis of a domestic procedure directed towards an investment-capital arrangement;
4.		as long as the purpose of ongoing investigations by them is at risk;
5.		for the duration of the translation of the investment law order, which is deemed necessary by the Court of First Instance, to be translated at its cost;
6.		until the supplementary information sought by the competent authority of the decision-making State has been received.

(2) If it is to be provided that the amount of money or object is no longer available for the purpose of the execution of the investment law order after the reason for the postponing of the deferrals, the court has, during the period of the postponing, all the , including the release of an injunction pursuant to § 144a StPO.

Asset orders of several Member States

§ 52f. If two or more Member States have investment in assets

1.		on the same subject or
2.		the amount of the amount of money to be allocated to the same person concerned, without the amount of the funds available to the person concerned, which shall be sufficient for the execution of all decisions,
, it shall take due account of all the circumstances, in particular whether the amount of money or the subject-matter is already in accordance with the second section of the III. The main part of this federal law was seized, the gravity of the criminal acts underlying the property laws, the crime scene, the date of the dismissal of the property law orders and the temporal the order of their transmission to decide which arrangement of assets or assets, or which are to be carried out in order to execute assets.

Proceeds from enforcement

§ 52g. (1) The amount of money received by the enforcement of the investment law order, which does not reach EUR 10 000 or the equivalent value of that amount, is to be paid to the Federal Government. If the amount of money obtained by the execution of the asset order is reached or exceeds EUR 10 000, 50% of the amount shall be transferred to the issuing State.

(2) Items which have been obtained through the execution of the property order are to be divindicated to the manner ordered in § 377 StPO. The income shall be provided in accordance with paragraph 1. If such a procedure does not come into consideration and the decision state does not agree to the transmission of the objects, they shall fall within the scope of the Federal Government.

(3) (1) and (2) shall only be applied unless another agreement has been reached with the issuing State.

(4) In any case, objects belonging to the Austrian cultural heritage are to be covered by the Federal Government.

Enforcement of enforcement

§ 52h. If the competent authority of the issuing State informs that the asset or its enforceability has been removed or that enforcement is no longer sought for on other grounds, enforcement shall be .

Understanding of the decision-making state

§ 52i. The Court of First Instance shall immediately inform the competent authority of the issuing State thereof if:

1.		it issues the matter to the competent court (Section 52b (3)),
2.		the amount to be carried out is set lower than the amount expressed in the asset-legal order (Section 52d (2));
3.		the execution has been deferred, indicating the reasons for and, if possible, the probable duration of the postponing;
4.		the decision has been carried out,
5.		the enforcement is denied in whole or in part, giving the reasons for the refusal to execute the sentence;
6.		the investment law cannot be enforced because the amount of money or object to be drawn has disappeared, has been destroyed, is not applicable in the country or cannot be found at the place indicated in the certificate , because the place where the amount of money or subject-matter is located has not been given sufficiently precise information, or because the amount of money or the subject-matter has already been subject to a different investment-law order (Section 52f), in each case under Indication of the reasons.

Cost

§ 52j. The costs incurred as a result of the execution of a foreign property rights order shall be borne by the Federal Government without prejudice to their contribution to the person concerned. Where enforcement costs are significant or exceptional, the authority of the issuing State shall, following a detailed cost statement, propose a division of the costs.

Second subsection

Effect of enforcement in another Member State

Referral to another Member State

§ 52k. (1) Where there is reason to refer the case to another Member State with the enforcement of an order of property law, the Court of First Instance first of all recognised that it had the opportunity to give the public prosecutor's office an opportunity to submit its observations and to Affected persons can be heard, if they can be loaded domestily.

(2) The Court of First Instance shall have the competent authority of the executing State

1.		the decision to be carried out, together with the translation, provided that such a decision has already been made in the domestic proceedings for the foreign party concerned, and
2.		a completed and signed certificate (Annex V) and, where the executing State has not declared, to accept certificates also in German, the translation of which shall be in an official language of the executing State or in another language accepted by that State
shall be transmitted. By means of a regulation, the Federal Minister for Justice has to be able to understand which Member States accept which official languages.

(3) Article 14 (1) to (5) shall apply mutatily to the commercial transactions. If the decision and the certificate have not been sent by post, the competent authority of the executing State shall, at its request, be issued a copy or certified copy of the decision, as well as the original of the Certificate attestation by post.

Transfer of an investment law order to several executing States

§ 52l. (1) Subject to the provisions of paragraphs 2 and 3, an order of property law may only be transferred to an executing State.

(2) An asset-legal order denominated in certain items may be forwarded simultaneously to a number of executing States, if:

1.		Whereas there is reason to believe that items covered by the asset-law order are situated in several executing States;
2.		the execution of the investment law requires measures in several executing States, or
3.		The reason for the assumption is that an object covered by the investment law arrangement is located in one of two or more known enforcing states.

(3) An investment-capital arrangement denominated in a monetary amount may be forwarded simultaneously to a number of executing States where this is necessary for its introduction, in particular where the amount of the money is not in accordance with the provisions of the Second part of the III. The main part of this federal law has been seized or the enforcement by only one executing State is not likely to be sufficient to bring the entire amount expressed in the asset-legal order.

Enforcement in the country

§ 52m. The domestic enforcement procedure may be continued in spite of the transfer of the investment legal order to one or more executing States, but it may be the case that the enforcement of the amount of money denominated in a sum of money may be continued. The total amount not exceeded in the decision shall not exceed the amount of the decision.

Understanding of the executing State

§ 52n. The Court of First Instance having recognised that in the first instance shall forthwith inform the competent authority of the executing State thereof if:

1.		there is a risk of enforcement beyond the amount expressed in the amount of a sum of assets, and as soon as it has fallen away,
2.		the decision has been carried out in whole or in part in the territory of the country or in another executing State, including, where appropriate, the amount in respect of which no enforcement has yet been made;
3.		the person concerned has already paid a sum of money on the basis of the investment legal order;
4.		the asset-legal order or its enforceability has been subsequently repealed or amended, or the enforcement is no longer sought after for other reasons. "

7. The Fourth Section of the III. The main item, together with the title, shall be as follows:

" Fourth Section

Enforcement of monetary sanctions

First subsection

Enforcement of decisions of other Member States

Requirements

§ 53. (1) A legally binding decision of a court of another Member State with which a monetary action (para. 3) has been pronounced in respect of an act which has been brought to court under the law of that State, shall be enforced in accordance with the provisions of this Section.

(2) A decision as referred to in paragraph 1 shall be held in the same way as:

1.		the decision of another judicial authority, in particular a public prosecutor's office, if the person concerned had the opportunity to bring the case before a court having jurisdiction in criminal matters, as well as
2.		the decision of a court, including in criminal matters, who has been called upon to take a decision which is not a judicial authority on the grounds of an act which can be punishable under the law of the issuing State, administrative surrender or the lack of regularity.

(3) A monetary sanction shall be

1.		a fine, or a fine,
2.		an obligation, expressed in the same decision, to pay compensation to the victim if, in the course of the proceedings, the victim was unable to assert civil rights and the court in the exercise of his or her criminal law responsibility,
3.		the obligation to replace the costs of the procedure leading to the decision, or
4.		an obligation, expressed in the same decision, to pay a sum of money to a public cash register or to an organisation to assist victims.
No monetary sanctions are legal orders which, according to Austrian law, would be to be pronounced as a depletion of enrichment, as a decay or as confiscation, as well as findings on private law claims.

Inadmissibility of enforcement

§ 53a. The enforcement of the decision of another Member State with which a monetary sanction has been issued is inadmissible by an Austrian court,

1.		if the monetary penalty does not reach the sum of EUR 70 or its equivalent value,
2.		if the act on which the decision is based
a)			has been committed in the country or on board an Austrian ship or aircraft; or
b)			has been committed outside the territory of the issuing State if, under Austrian law, acts of this type committed outside the territory of the Federal Republic are not subject to the scope of the Austrian criminal law,
3.		where the person concerned has received a final decision in the territory of the country or a final decision which has already been carried out in another Member State on account of the fact that the decision is based on the decision;
4.		if the act on which the decision is based is not punishable under Austrian law, either in court or as an administrative offence, unless the act is one of the categories of offences listed in Annex I, Part A or B, and to assign administrative transgressions; the allocation made by the issuing State shall be binding, subject to § 53c (3) (3) (3);
5.		if the act on which the decision is based was committed by a person who, under Austrian law, was at the time of the offence at the time of the offence,
6.		if the execution of a decision on which the decision is based, subject to the scope of Austrian criminal law, is statute-barred in accordance with Austrian law;
7.		if amnesty or pardon has been granted to the person concerned in the country or in the issuing State,
8.		in so far as enforcement would be contrary to provisions relating to immunity,
9.		if the decision has been taken in a written procedure and the person concerned is not personally or via a representative authorised under the law of the issuing State from existing legal remedies and the time limits applicable to them in Knowledge has been made;
10.		if the decision has been taken in the absence of the person concerned, unless the person concerned has been informed or has declared, in person or on the basis of a representative authorised under the law of the issuing State, of the procedure which: decision not to challenge;
11.		if there are objective indications that the decision has been taken in breach of fundamental rights or fundamental principles of law within the meaning of Article 6 of the Treaty on European Union, in particular the penalty for the purpose of: the person concerned has been punished for reasons of sex, race, religion, ethnic origin, nationality, language, political convictions or sexual orientation, and the person concerned shall not be able to take any action had, these circumstances before the European Court of Human Rights , or before the Court of Justice of the European Communities.

Responsibility

§ 53b. (1) In order to take a decision on the execution of a decision which has been sanctioned by a fine, the Court of First Instance shall have jurisdiction in matters relating to the matter.

(2) The local jurisdiction depends on the place of residence or residence of the person against whom the monetary sanction has been pronounced; it is an association (Article 1 (2) and (3) of the VbVG), after its seat or after the place of its establishment or its establishment. Where these places cannot be established, the place where assets are to be enforced shall be the place where the decision is to be carried out. If, according to these provisions, the jurisdiction of a particular court is indeterminable, the Landesgericht für Criminal Court (Landesgericht) of Vienna is responsible for criminal matters.

(3) Where the court which has been referred to the law is not competent, it shall take the matter to the competent court.

(4) If the decision with which a monetary sanction has been issued is not a decision within the meaning of Article 53 (1) or (2), the matter shall be taken off by the competent district administrative authority or federal police directorate.

Procedure

§ 53c. (1) Enforcement shall require that the domestic court

1.		the decision to be taken and
2.		the certificate signed by the competent authority (Annex VI) and, if the issuing State has not made the declaration, to accept certificates as a executing state in German (§ 53k para. 2), the translation of which shall be translated into the German language
shall be forwarded.

(2) Where the competent authority of the issuing State has assigned the underlying offence to the category referred to in Annex I, Part B, Z 7, the certificate shall have the circumstances of the act, the national legislation applied, and the provision of the act adopted pursuant to the Treaty establishing the European Communities or the Treaty on European Union, which shall be implemented by national legislation.

(3) If

1.		the certificate has not been transmitted, is incomplete in substantial parts or appears to be contrary to the decision;
2.		there are indications that one of the reasons cited in Section 53a (6), (9), (10) and (11) for the inadmissibility of enforcement is available,
3.		the legal assessment as a criminal offence referred to in Annex I, Part A or B, is manifestly defective or has raised reasonable objections to the person concerned, or
4.		the person concerned shall certify that the money sanction has been paid in whole or in part, or that it has been brought in,
the authority of the issuing State shall, within a reasonable period of time to be determined, request the issuing, completion or supplementary information of the decision-making state to ensure that, in the event of a fruitless expiry of the period, enforcement shall be fully or fully enforced; is to be refused in part.

(4) § 14 (1) to (5) shall apply mutatily to the commercial transactions.

(5) To the conditions of execution (§ § 53, 53a), to the amount of the amount to be executed (§ 53d paragraph 2) and to the amount of the daily rates of the substitute custodial sentence not already fixed in the decision to be executed (§ 53d para. 3) is to listen to the affected person if he/she can be loaded at home.

Decision

§ 53d. (1) The decision shall be taken by decision on enforcement. The decision shall have the name of the authority whose decision is being carried out, its reference number, a brief description of the facts, including the place and time of action, the name of the offence and the application of the offence. to contain legislation of the issuing State.

(2) Where enforcement is assumed, the amount to be enforced in the territory of the country shall be determined at the level of the amount pronounced in the decision to be executed. If the amount is not denominated in euro, the conversion shall take place after the exchange rate applicable on the day of the release of the decision to be carried out. The amount to be carried out shall, however, be reduced to the maximum permissible under Austrian law if the act on which the decision is based was committed outside the territory of the issuing State and the scope of application of that amount. is subject to Austrian criminal law. Payments already made and amounts already paid shall be set off.

(3) Where a decision to execute a fine or a fine has not already been set for a penalty of replacement, the certificate states that the right to substitute custodial sentences in accordance with the law shall be specified in the certificate. of the issuing State, the decision on enforcement shall be subject to a substitute custodial penalty in respect of the case of the incrimination of the fine or fine. Its duration must be determined with that duration which corresponds to the number of daily rates (Section 19 (3) of the German Civil Code), which would be determined in accordance with Austrian law for the act, or which would otherwise be determined under Austrian law, may, however, be used in the following cases: of the certificate shall not exceed the maximum period specified.

(4) The Public Prosecutor's Office and the person concerned shall be open to the Court of Justice of the second instance within 14 days against the decision. A complaint lodged in good time by the person concerned shall have suspensive effect.

(5) In accordance with the legal force of the decision it is necessary to proceed according to § 409 StPO.

(6) If enforcement has been refused for the purposes of Section 53a Z 11, the competent public prosecutor's office shall report to the Federal Ministry of Justice, following a decision-making process.

Postponing of enforcement

§ 53e. (1) The execution of the decision to impose a monetary sanction shall be postpone,

1.		as long as a valid complaint (§ 53d (4)) has not been passed in a legally binding manner;
2.		for the duration of the translation of the decision deemed necessary by the Court of First Instance to be justified on its own expense;
3.		until the supplementary information sought by the authority of the decision-making state has been received.

(2) All admissible measures shall be taken for the duration of the postponement in order to prevent the amount of money to be introduced from being made available for the purpose of enforcing the decision after the reason for the postponement has been omitted.

Proceeds from enforcement

§ 53f. The proceeds from the execution shall fall to the Federal Government, unless a different agreement with the issuing State has been reached.

Replacement Custodial Sentence

§ 53g. If a fine or a fine cannot be brought in, the enforcement of the replacement custodial sentence as set out in the decision to be executed or in the decision on enforcement (Section 53d (3)) must be ordered.

Enforcement of enforcement

§ 53h. The competent authority of the issuing State shall inform the competent authority of the decision-making state that the decision to sanction the money or its enforceability has been lifted or that enforcement is no longer sought for on other grounds, is to cease enforcement.

Understanding of the decision-making state

§ 53i. The Court of First Instance shall immediately inform the competent authority of the issuing State thereof if:

1.		it issues the matter to the competent court or the relevant district administrative authority or federal police directorate (Section 53b (3) and (4)),
2.		the amount to be enforced is set lower than the amount expressed in the decision (Section 53d (2)),
3.		a substitute custodial sentence is fixed and its enforcement order is ordered (§ 53g),
4.		the decision has been carried out,
5.		the enforcement is denied in whole or in part, giving the reasons for the refusal to execute the sentence;
6.		the decision cannot be carried out in the absence of a domiority in the country.

Cost

§ 53j. The costs incurred as a result of the execution of a foreign decision in which a monetary sanction has been imposed shall be borne by the federal government, without prejudice to their contribution to the person concerned.

Second subsection

Effect of enforcement in another Member State

Referral to another Member State

§ 53k. (1) If there is reason to refer a case to another Member State with the enforcement of a court decision which has issued a monetary sanction (Article 53 (2)), the Court of First Instance first of all recognised that the Court of First Instance had been granted a To give the public prosecutor's office the opportunity to speak and to hear the person concerned, if he can be summoned domestily.

(2) The Court of First Instance shall have the competent authority of the executing State

1.		the decision to be carried out, together with the translation, provided that such a decision has already been made in the domestic proceedings for the foreign party concerned, and
2.		a completed and signed certificate (Annex VI) and, where the executing State has not declared, to accept certificates also in German, the translation of which shall be in an official language of the executing State or in another language accepted by that State
shall be transmitted. By means of a regulation, the Federal Minister for Justice has to be able to understand which Member States accept which official languages.

(3) Article 14 (1) to (5) shall apply mutatily to the commercial transactions. If the decision and the certificate have not been sent by post, the competent authority of the executing State shall, at its request, be issued a copy or certified copy of the decision, as well as the original of the Certificate attestation by post.

(4) The simultaneous referral of another Member State with enforcement is inadmissible.

Revocation of the referral

§ 53l. The Court of First Instance shall immediately inform the competent authority of the executing State thereof if:

1.		the person concerned has already paid a sum of money on the basis of the decision which has been taken by the person concerned,
2.		the decision by which the monetary sanction has been pronounced or its enforceability has subsequently been repealed, amended or the extent of the monetary sanction has been reduced; or
3.		Enforcement is no longer sought after for other reasons.

Enforcement in the country

§ 53m. (1) Where a Member State has been referred to it, enforcement shall be inadmissible within the territory of the country.

(2) However, the enforcement procedure may be continued

1.		after the competent authority of the executing State has been informed that enforcement is no longer sought after,
2.		where in the executing State a pardon or amnesty has resulted in the execution of which the execution is not carried out,
3.		where enforcement in the executing State is not possible due to a lack of enforceability, or
4.		if the executing State refuses to execute it, unless the refusal has been based on the reason referred to in § 53a Z 3. "

8. The Fifth Section of the III. The title shall be given the following title:

Enforcement of custodial sentences and preventative measures

9. The following paragraph 12 is added to § 77:

" (12) The § § 1, 2, 52 to 52n and 53 to 53m as well as the Annexes I, V and VI in the version of the Federal Law BGBl. I n ° 38/2007 enter into force on 1 July 2007. '

10. Annex I shall be amended as follows:

a. The title shall be inserted after the title:

"Part A"

b. The categories listed in the list shall be the digits in the event of the inversion of the indents "1." to "32." .

c. At the end of Annex I, the following shall be added:

" Part B

1.		Behaviour which is contrary to the rules governing road transport, including non-compliance with rules on driving times and rest periods and the right of dangerous goods,
2.		Smuggling of goods,
3.		Violation of intellectual property rights,
4.		threats to individuals and acts of violence against them, including violence at sporting events,
5.		Damage to property,
6.		Theft,
7.		Criminal offences established by the issuing State and covered by obligations arising from acts adopted under the EC Treaty or Title VI of the EU Treaty. "

The following Annex V is added to Annex IV:

" Annex V

[see the document "EU-JZG-ÄndG 2007 Annex V"] "

The following Annex VI is added to Annex V:

" Annex VI

[see the document "EU-JZG-ÄndG 2007 Annex VI"] "

Fischer

Gusenbauer