119. Federal law amending the 1975 Code of Criminal Procedure, the Public Prosecutor Act and the Tilting Act

The National Council has decided:

table of contents

Article Subject
I	Amendments to the 1975 Code of Criminal Procedure
II	Amendments to the Public Prosecutor's Law
III	Amendments to the Tilgungsgesetz
IV	In-force pedals

Article I

Amendments to the 1975 Code of Criminal Procedure

The Code of Criminal Procedure in 1975, BGBl. No. 631/1975, in last amended by the Federal Law BGBl (Federal Law Gazette). I n ° 164/2004 as amended:

1. § 47a has to be read:

" § 47a. (1) All authorities operating in criminal proceedings shall be obliged to:

1.		to take appropriate account of the rights and interests of the person injured by a criminal act and to provide them with information on their rights in criminal proceedings and on the possibility of obtaining compensation or assistance, to the extent that: may appear to be necessary,
2.		to inform the persons referred to in Article 49a (1), at the latest before their first interview, on the conditions of the monitoring of the process and of the institutions concerned,
3.		to treat persons injured by a criminal offence during the proceedings with respect for their personal dignity and, in the course of their acts, as well as in the exchange of information vis-à-vis third parties, their legitimate interests in the protection of persons of their highest personal living area. This applies in particular to the transfer of photographs and to the communication of information on the person who can lead to an announcement of their identity in a larger group of people, without the need to do so by means of criminal justice.

(2) In addition, persons who may have been injured by a criminal offence in their sexual integrity shall be informed of the following rights to which they are responsible:

1.		to refuse to answer questions according to circumstances from their own personal sphere of life or in accordance with details of the offence which they consider to be unreasonable (Article 153 (2)),
2.		to be heard in the preliminary proceedings and in the main hearing in a gentle manner (§ § 162a, 250 para. 3),
3.		to demand the exclusion of the public of the main trial (Section 229 (2)).

(3) The injured person shall be notified of any resignation from the prosecution or the cessation of the proceedings, as well as the interruption of the proceedings against a known perpetrator and the continuation of the proceedings. Section 83a of the second sentence shall apply mutatily.

(4) The person injured by a criminal offence shall be provided with translation assistance in accordance with the conditions set out in § 38a (1), insofar as this is in order to safeguard its rights in criminal proceedings, in particular the right to comply with the procedure for its to be connected to private law claims. "

2. According to § 49, the following § 49a is inserted:

" § 49a. (1) Persons who may have been subjected to acts of violence or a dangerous threat or which may have been compromised in their sexual integrity by the intentionally committed act of the accused, as well as the spouse, the partner of life, the relative in a straight line, the brother or sister of a person whose death may have been brought about by a criminal offence, or other relatives who have been witnesses to the act, are entitled to psychosocial and legal process accompaniment, insofar as this is in respect of their rights and with regard to their personal affectedness is required. In addition, they are entitled to inspect the files in accordance with § 47 paragraph 2 Z 2.

(2) Psychosocial process accompaniment involves the preparation of the persons concerned on the procedure and the emotional stresses associated with it, as well as the accompaniment to interrogations in the pre- and main proceedings, legal process support, which legal advice and representation by a lawyer.

(3) The Federal Minister for Justice is empowered to contract best-suited appropriate institutions with the granting of process support within the meaning of the preceding paragraphs. "

3. In § 50 (1) the last half-sentence shall be read:

"They may also use a legal counsel registered in the list of defenders, a victim protection body recognised in accordance with section 25 (3) of the SPG, or another authorised representative."

3a. In § 129, a paragraph 4 is added:

"(4) If an expert is appointed for the assessment of a bodily injury or damage to health, he shall also be responsible for the determination of the periods of pain."

4. In § 162 (2) the second sentence is to read:

"This right and the right to psychosocial and legal process accompaniment (§ 49a) shall be pointed out in the subpoena with the announcement of appropriate victim protection facilities."

4a. In § 177, after the last sentence of paragraph 2, the point shall be replaced by a line-point and the following words shall be added:

"the persons referred to in § 49a (1) shall be notified."

5. According to § 194, the following § 195 is inserted:

" § 195. The court has the persons referred to in Article 49a (1) and the security authority of their place of residence, from the release of the accused before the judgment of the first instance is due, accompanied, where appropriate, by the person accused of the defendant. -more funds to be notified immediately of its own motion. "

6. § 211a has to be read:

" § 211a. (1) The Court considers that the conditions for a cessation of the proceedings pursuant to § 90b, other statutory provisions referring to it, or § 37 of the Suchtmittelgesetz (SMG), Federal Law Gazette (BGBl). I n ° 112/1997, it rejects the indictof the investigating magistrate with a mandate to act on the basis of those provisions.

(2) If a cessation of the proceedings does not materially arise in accordance with the provisions referred to in paragraph 1, or if the proceedings are to be subsequently initiated or continued (§ 90h; § 38 SMG), the prosecutor has recently introduced the indictof the indictor otherwise the requests necessary for the continuation or termination of the criminal proceedings should be submitted. "

7. In § 281 (1), the Z 10a has to read:

" 10a.		if, after the determination of § 90b, the proceedings were to be taken on the cessation of the proceedings, other provisions referring to them or in accordance with Section 37 of the SMG; "

8. In § 345 para. 1 the Z 12a has to read:

" 12a.		if, after the determination of § 90b, the proceedings were to be taken on the cessation of the proceedings, other provisions referring to them or in accordance with Section 37 of the SMG; "

9. § 381 shall be amended as follows:

(a) In paragraph 1, at the end of Z 8, the point of the point shall be replaced by a dash; the following Z 9 shall be added:

" 9.		the costs of the process support (§ 49a) in the amount as they are being paid out by the Federal Ministry of Justice. "

(b) In paragraph 2, the turn shall be: " , 7 and 8 " through the turn "and 7 to 9" replaced.

Article II

Amendments to the Public Prosecutor's Law

The Public Prosecutor's Law, BGBl. No. 164/1986, as last amended by the Federal Law BGBl. N ° 164/2004, shall be amended as follows:

1. In Section 13 (2), the Hundred Rate "5 vH" by the percentage "6 vH" replaced.

2. According to § 34, the following § § 34a and 34b shall be inserted together with the headings:

" Register, other business remedies and electronic legal transactions

§ 34a. (1) In the case of each public prosecutor's office, registers and other business operations shall be carried out in order to provide an overview of the totality of the items which have been incurred, their findability and the status of each of the matters relating to the execution of the items of business. to obtain an overview of the individual criminal case and at the same time to provide the necessary evidence for the monitoring of the entire business process and the enforcement of the individual public prosecutors ' orders, applications and orders.

(2) Only those data which are necessary to fulfil the purpose of the register, business or diary may be included in the registers and business remedies as well as diaries. The management of the registers, diaries and other business procedures, as well as the storage of the contents of the public prosecutors ' diaries, file components, authorities and other documents shall be kept in accordance with the technical and staffing requirements. Possibilities with the help of procedural automation justice (VJ) to be made. The data of the registers and other business remedies may not deviate from the content of the diaries and other business operations.

(3) The Federal Minister for Justice has to determine, by means of a regulation, which registers and business remedies are to be carried out by the public prosecutor's authorities and which genera of matters are to be entered in the institutions to which they are to lead and how long they are to be kept or available. The form and establishment of the registers and business procedures and the way in which they are to be dealt with in detail shall be laid down in the VJ-Online-Manual or on other occasions. The VJ-Online-Handbuch is available in the current version on the Intranethomepage of the judiciary; the other events are to be published there.

(4) Insofar as parties and parties are entitled to inspect the diary, they shall be entitled, in accordance with the available technical possibilities, to obtain copies or prints of the files and parts of the file relating to their case. The parties may, with the acceptance of a simple and economical administration and sufficient protection against misuse by third parties, also electronic insight into all data relating to their cause according to § 35 (4), the data relating to the parties ' activities. that are stored in the process automation system.

(5) § § 89a to 89g GOG shall apply to electronic legal transactions with the Public Prosecutor's Office.

Liability for IT deployment

§ 34b. (1) For the damage caused by the use of information and communications technology from errors in the management of public prosecutors, including judicial management operations, as well as the necessary registers and other documents, The Federal Government shall be liable for business and the public register. Liability is excluded if the damage is caused by an unavoidable event, which is not based on an error in the nature or on a failure of the means of automation-assisted data processing. Incidentally, the official liability law, BGBl. No 20/1949.

(2) In the case of the electronic transmission of entries and accusations, the Federal Government shall be liable according to paragraph 1, if the error has arisen.

1.		in the case of data transferred to the public prosecutor's office, from the time they were received at the Bundesrechenzentrum GmbH;
2.		in the case of data to be transmitted by the public prosecutor's office, up to the time of its entry in the consignee's area of disposal. "

(3) The following paragraph 6 is added to § 42:

" (6) § § 13 (2), (34a) and (34b) in the version of the Federal Law BGBl. I n ° 119/2005 enter into force 1. Jänner 2006 in force. Section 13 (2) will be repeal with effect from 31 December 2007. § 13 (2), as amended by the Federal Law of the Federal Republic of Germany (BGBl), enters into force with the out-of-force tre No. 507/1994, once again in force. "

Article III

Amendments to the Tilgungsgesetz

The Tilgungsgesetz, BGBl. N ° 68/1972, as last amended by the Federal Act BGBl. I No 100/2005, shall be amended as follows:

1. In § 6 (1), the following Z 2a shall be inserted after Z 2:

" 2a.		the institutions responsible for the initiation and implementation of the prison sentence for the purpose of preparing the classification (§ § 134, 161 of the Penal Law Act), "

(2) The following paragraph 1d is inserted in § 9:

" (1d) § 6 para. 1 Z 2a in the version of the Federal Law BGBl. I n ° 119/2005 comes into force on 1 January 2006. "

Article IV

In-force pedals

Article I of this Federal Act is 1. Jänner 2006 in force.

Fischer

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