102. Federal law, with which the Criminal Law Act, the Federal Personnel Representation Act, the Procurement Act 1989, the Code of Criminal Procedure in 1975 and the Juvenile Law Act 1988 will be amended

The National Council has decided:

table of contents

Item	Subject matter
I	Amendments to the Penal Code
II	Changes to the Federal Personnel Representation Act
III	Amendments to the 1989 Tendering Act
IV	Amendments to the 1975 Code of Criminal Procedure
V	Amendments to the Youth Court Act 1988
VI	In-force pedals

Article I

Amendments to the Penal Code

The law enforcement law, BGBl. No 144/1969, as last amended by the Federal Law BGBl. I n ° 136/2004, shall be amended as follows:

1. In Section 10 (1), the phrase "The Federal Ministry of Justice" through the phrase "The Executive Directorate" replaced.

2. § 12 has to be read:

" § 12. (1) The authority responsible for the enforcement of the law is directly subordinate to the Federal Ministry of Justice (Federal Ministry of Justice) for the implementation of the measures to be taken by the law enforcement authority.

(2) The Executive Directorate is responsible for the operational implementation of the enforcement of criminal and measures in accordance with the provisions of this Federal Law, including the establishment, maintenance and renewal of the institutions for the enforcement of custodial sentences, which Plan job management and operational controlling. The law enforcement authority shall be responsible for the lawful operation of these institutions and, in particular, by means of objective and benefit agreements with the individual institutions, for the purposes of law enforcement and for the principles of human dignity and dignity, and To ensure the reintegration of the prisoners and the underplaced, the highest possible standard of enforcement, with a view to security and order. In accordance with this federal law, the law enforcement authority shall carry out the supervision of the entire enforcement and shall apply the provisions of § § 10 para. 1, 18 para. 8, 24 para. 3, 25 para. 1, 52 para. 3, 64 para. 2, 84 para. 1, 84 para. 3, 91 para. 3, 101 para. 2, 134, 135 para. 2 as well as 161 provisions and decisions. The Executive Directorate is responsible for the training establishment for the enforcement of the criminal and measures of measures as an organizational unit of its own.

(3) The staff of the Executive Directorate shall have the legal, executive, psycho-social, managerial and other knowledge, skills and aptitude necessary for their operational management tasks in the course of execution. as well as to have sufficient experience in the practice of full-time training.

(4) The invitation to tender for the function of the management of the Executive Directorate and the deputy of the management is the law on tendering for 1989, BGBl. No. 85, whereby an appointment is made by the Federal Minister of Justice for a term of five years, after obtaining an opinion in accordance with sections II to V of the Federal Minister of Justice. The opinion has to be preceded by an invitation to tender for the general application by the Federal Ministry of Justice.

(5) The functions referred to in paragraph 4 are § § 141 and 145d of the Official Services Act 1979, BGBl. No. 333, as well as § 68 of the Contract Law Act 1948, BGBl. No 86, notwithstanding the minimum assessments required by the above-mentioned provisions.

(6) New temporary orders as referred to in paragraph 4 shall be admissible. Section VI of the 1989 Tendering Act, BGBl. No. 85, is to be applied.

(7) The competence, the firm or the The Federal Minister of Justice shall clarify which matters of professional supervision within the meaning of paragraph 2 are to be exercised by the law enforcement authority.

3. § 13 (2) has to be read:

" (2) The Federal Ministry of Justice oblies the strategic planning and management as well as the supreme management of the execution of criminal and measures, the strategic controlling, the internal audit, the perception of international affairs, the Principles of public relations as well as all tasks otherwise reserved for the central office of a department. Finally, the Federal Ministry of Justice meets the provisions of § § 9 para. 5, 11b para. 1, 11c para. 3, 11d para. 2, 15a para. 2, 18 para. 3, 18 para. 9, 25 para. 1, 52 para. 2, 69 para. 1, 78 para. 1, 97, 101 para. 3, 121 para. 5 and 179a para. 3 Orders and decisions. "

4. § 14 has to be read:

" § 14. (1) Compliance with the provisions of this Federal Act and of the regulations and arrangements established thereon shall be carried out by the directors of the institutions for implementation within the area of the institutions under them and throughout the Federal Republic of Germany. monitor the law enforcement directorate and the Federal Ministry of Justice.

(2) The enforcement authorities shall have their own knowledge of the entire administrative and enforcement operation in the institutions to be supervised by them.

(3) The heads of the judicial institutions of the Executive Directorate and the Federal Ministry of Justice have to report on instances of maladministration which cannot be dislodged in their own sphere of action.

(4) To what extent the law enforcement commissions have to participate in the supervision of the implementation of the law is determined in § 18. "

(5) § 14a is amended as follows:

(a) In paragraph 1, the word order shall be "the law enforcement authorities" through the phrase "the Executive Directorate".

(b) In paragraph 2, the words "law enforcement authorities" and "full-time authority" in each case by the word "Full Directorate" replaced.

(6) In § 15b (1), after the word order "Federal Ministry of Justice," the phrase "the Executive Directorate," inserted.

7. § 18 is amended as follows:

(a) In paragraph 6, after the words Federal Ministry of Justice the phrase "and the Executive Directorate" inserted.

(b) In paragraph 8, the word order shall be "The Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

8. In § 24 (3) the word order shall be "the Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

9. In § 25 (1) the last sentence shall be read:

"The house rules require the approval of the law enforcement authority on the basis of the guidelines drawn up by the Federal Ministry of Justice."

10. In § 52 (3) the word order shall be "the Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

11. In § 64 (2) the word order shall be "The Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

(12) In § 78 (2), the word order shall be "at the Federal Ministry of Justice" through the phrase "at the Executive Directorate" replaced.

13. In § 80 (2) the word order shall be "The Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

14. § 84 shall be amended as follows:

(a) In paragraph 1, the word order shall be "The Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

(b) In paragraph 3, the word order shall be "The Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

15. In § 91 (3), the word order shall be "the Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

16. In § 101, para. 2, the word order shall be "the Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

17. § 106 (3) last sentence has to be read:

" In the event of outbreaks and consensual escape cases, as well as of such escape cases, which have been made possible by undue conduct in the prison system, the head of the staff immediately immediately followed the Enforcement Directorate The Federal Ministry of Justice has to be informed of these reports. "

18. The following sentence shall be added to section 121 (5):

"The law enforcement authority may encourage such an official complaint with the Federal Ministry of Justice."

19. § 134 is amended as follows:

(a) In paragraph 1, the word order shall be "The Federal Ministry of Justice" through the phrase "The Executive Directorate" replaced.

(b) In paragraph 6, the word order shall be "The Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

(20) In § 135 (2), the word order shall be "the Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

21. In § 161, the phrase "The Federal Ministry of Justice" in each case by the word sequence "the Executive Directorate" replaced.

(22) The following paragraph 14 is added to § 181:

" (14) § § 10 para. 1, 12, 13 para. 2, 14, 14a, 15b (1), 18 (6) and 8, 24 (3), 25 (1), 52 (3), 64 (2), 78 (2), 80 (2), 84 (1) and (3), 91 (3), 101 (2), 106 (3), 121 (5), 134 (1) and (6), 135 (2) and (161) in the Constitution of the Federal Law BGBl. I n ° 102/2006 shall be 1. Jänner 2007 in force. Administrative preparatory measures can already be taken with the proclamation of this federal law. "

Article II

Changes to the Federal Personnel Representation Act

The Federal Personnel Representation Act, BGBl. No. 133/1967, as last amended by the Federal Law BGBl. I n ° 165/2005, shall be amended as follows:

1. § 11 (1) (4) has to be read:

" 4.		in the area of the Federal Ministry of Justice
a)		in the case of the Higher Regional Courts, one for the officials of the General Administrative Service and the contract staff of the courts and public prosecutors,
b)		in the case of the Directorate-General for Enforcement Officers of the Executive Service of the Planned Area,
c)		as regards Section 13 (1) (2) (2) (2) (d) unless, in accordance with § 4, a single joint services committee is formed for the entire area of responsibility of the subordinated service authority in the case of this subordinated service authority, which shall be the subject of the following provisions pursuant to Article 13 (1) (2) lit. The Central Committee shall also be responsible for the tasks of a specialised committee, "

(2) The following paragraph 29 is added to § 45:

" (29) § 11 paragraph 1 Z 4 in the version of the Federal Law BGBl. I n ° 102/2006 shall enter into force 1. Jänner 2007 in force. Administrative preparatory measures can already be taken with the proclamation of this federal law. The specialised committees set up at the time of the presentation of this Federal Act to the Higher Regional Courts for the staff of the Executive Service of the judicial institutions shall be deemed to be valid until the end of the statutory period of activity. They shall be responsible for the duties of the Staff Committee to the extent that they are acting as a subordinate service authority for the staff of the Executive Service of the Department of Justice and of the Legal Service. The same applies analogously to the sole joint service committees established for the entire area of responsibility of a subordinated service authority in accordance with § 4, Section 11 (1) (4) (lit). c. "

Article III

Amendments to the 1989 Tendering Act

The 1989 Tendering Act, BGBl. No. 85, as last amended by the Federal Law BGBl. I No 89/2006, is hereby amended as follows:

1. § 3 Z 7 has to be read:

" 7.		in the area of the Federal Ministry of Justice:
a)		Executive Directorate pursuant to Section 12 of the Penal Code,
b)		Judicial institutions; "

2. In § 4, the following paragraph 1 is inserted after the first paragraph of paragraph 1:

"(1a) In the field of the Federal Ministry of Justice, the functions of the deputy of the management of the law enforcement and the substitutes of the lines of the judicial institutions must also be issued."

3. § 5 (1a) has to be read:

" (1a) By way of derogation from paragraph 1, first sentence, functions according to § 3 Z 7 lit. b to be issued by the head of the subordinated service authority. "

(4) At the end of Section 90 (2), the point shall be replaced by an accoration and the following Z 26 shall be added:

" 26.		§ 3 Z 7, § 4 (1a) and § 5 (1a) in the version of the Federal Law BGBl. I n ° 102/2006 with 1. Jänner 2007. Administrative preparatory measures can already be taken with the proclamation of this federal law. "

Article IV

Amendments to the 1975 Code of Criminal Procedure

The Code of Criminal Procedure in 1975, BGBl. No. 631/1975, as last amended by the Federal Law BGBl. I n ° 56/2006, is amended as follows:

In § 185 the word order shall be "The Federal Ministry of Justice" through the phrase "The Executive Directorate" replaced.

Article V

Amendments to the Youth Court Act 1988

The Juvenile Justice Law, 1988, BGBl. No 599/1988, as last amended by the Federal Law BGBl. N ° 164/2004, shall be amended as follows:

1. In § 55 (5), the phrase "The Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

2. In § 56 (1), the phrase "The Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced.

3. In § 57, the word order shall be "The Federal Ministry of Justice" through the phrase "the Executive Directorate" replaced. "

Article VI

In-force pedals

The provisions of Articles IV and V of this Federal Act shall be 1. Jänner 2007 in force.

Fischer

Bowl