164. Federal Law, with which the Code of Criminal Procedure in 1975, the Youth Court Act 1988, the Federal Law on Judicial Cooperation in Criminal Matters with the Member States of the European Union, the extradition and legal aid law, the Public prosecutor's law and the probation aid law are amended (Criminal Procedure novella 2005)

The National Council has decided:

table of contents

Article Subject
I	Amendments to the 1975 Code of Criminal Procedure
II	Amendments to the Youth Court Act 1988
III	Amendments to the Federal Act on Judicial Cooperation in Criminal Matters with the Member States of the European Union
IV	Amendments to the extradition and legal assistance act
V	Amendments to the Public Prosecutor's Law
VI	Amendments to the probation aid act
VII	In-force pedals

Article I

Amendments to the 1975 Code of Criminal Procedure

The Criminal Procedure Code, BGBl. No. 631/1975, as last amended by the Federal Law BGBl. I n ° 136/2004, shall be amended as follows:

(1) § 23 is amended as follows:

a) The previous content is given the sales designation "(1)" ;

(b) The following paragraph 2 is added:

"(2) investigating magistrates or chairmen may depart from the confiscation of a secretary and obtain the tasks assigned to him or a member of the senate himself."

2. § 58 has to be read:

" § 58. The court which has made an order pursuant to § 57 shall also be responsible for the criminal proceedings which have been removed, unless, apart from the meeting with other criminal matters, a court of lower order or a court of the same kind shall be responsible for the criminal proceedings. Order which is subject to a second instance of the Court of Justice of the European Communities. "

(3) The following half-sentence and the following additional sentences are added to § 101:

" unless the procedure is carried out in accordance with Section 23 (2). In this case, the log recording can be supported by the use of a technical aid for image or sound recording. The recording is to be transmitted in an image or writing form without any unnecessary delay. "

(4) § 105 is amended as follows:

a) The previous content is given the sales designation "(1)" ;

(b) The following paragraph 2 is added:

" (2) According to § § 23 (2) and (101) second sentence, the information according to § 104 (2) shall be included in full text. Moreover, it should be noted that the dictation would be included with a technical aid. This shall be based on the type described in paragraph 1. The person who has been withdrawn and the parties shall have the right to demand the reproduction of the recording. "

5. The following sentence shall be added to section 114 (2):

" Prior to its decision, the Court of Justice shall give the adversary of the appeal an opportunity to deliver an opinion within a reasonable period to be determined. This shall not apply in so far as the subject-matter of the complaint is directed at orders whose success presuppoes that they will not be known to the opponent of the complaint before they are carried out. "

6. The following sentence shall be added to Section 119 (1):

"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."

7. § 128 (1) has to be read:

" (1) The mortuary and mortuary opening shall be carried out by one or more physicians from the field of judicial medicine (§ § 118 Para. 2, 118a) in accordance with the special provisions existing for this purpose. If these doctors are members of the scientific staff of a university unit, the contract shall be awarded to them 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. "

8. § 149a (1) is amended as follows:

a) In the case of Z 1, the staple citation "(§ 3 Z 13 TKG)" ;

b) In the Z 2 the word sequence shall be "Date of tribe, mediation, or content" through the phrase "Root, traffic, location, or content date" replaced.

(9) § 149c (1) is amended as follows:

a) In the second sentence, the staple quotations "(§ 87 (3) (1) TKG)" by the citing quote "(§ 92 (3) (1) TKG)" , "(§ 89 para. 2 TKG)" by the citing quote "(§ 94 (2) TKG)" and "(§ 149b (2) (2) to (4))" by the citing quote "(§ 149b (2) (2) and (3))" replaced;

(b) The following sentence is added:

"In contrast to § 94 (2) of the TKG, the operator does not want to participate in the supervision of a telecommunications system, it is necessary to act within the meaning of § § 143 (2) and (145) (2)."

(10) § 156 is amended as follows:

a) The previous content is given the sales designation "(1)" ;

(b) the following paragraph 2 is added:

Where the place of residence of a witness is situated outside the proceedings of the competent Court of Justice, it shall be permissible for the investigating judge to arrange for the summons of the witness to be summoned by the District Court at the seat of the Court of Justice of the Court of Justice of the European Communities. The witness is located in Vienna by the district court of the inner city of Vienna, and the witness is heard using technical facilities for word and image transmission. Section 179a (2) shall apply mutatily. "

11. In § 162a (1) the turn is made in the second sentence "§ § 249 and 250 (1) and (2)" through the turn "§ § 249, 250 para. 1 and 2, 105 para. 2, 271 and 271a" replaced.

12. § 189 deleted.

(13) The following paragraph 4 is added to § 198:

'(4) If the accused is not in the court of the competent Court of Justice and his personal appearance is not required, Section 156 (2) shall apply mutatily.'

14. In § 239 the word order is deleted in the first sentence. "by the writer" .

15. § 252 is amended as follows:

(a) the final half-sentence of section 252 (2);

(b) The following paragraph shall be inserted after paragraph 2:

" (2a) Instead of the lecture or presentation (para. 1 and 2) the Chairman may present the substantial contents of the files, to the extent that prosecutors and defendants agree and the files are accessible to all members of the Court of Justice as well as to the parties. "

(c) paragraph 3 shall read:

" (3) After each lecture and every lecture (para. 2a) is the defendant to question whether he has anything to notice about it. He may also enter into other parts of the presented files and ask for the lecture of these or other documents which are of importance to the matter. "

16. § 258 (1) last sentence has to be read:

"File pieces can only serve as evidence in so far as they have been read out at the main hearing or presented by the chairman (Section 252 (2a))."

17. In § 270 (1) the turn-of-the-turn "as well as of the author" .

18. § 271 has to read:

" § 271. (1) In the case of other nullity, the main negotiation shall include a protocol which is to be signed by the chairman and, insofar as it is not dealt with in accordance with section 23 (2), by the author and, in particular, has to contain:

1.		the name of the court and the place, the beginning and the end of the main negotiation;
2.		the names of the members of the Court of Justice, the parties and their representatives and, if a writer has been consulted, its name,
3.		the names of the accompanying interpreters, the witnesses and experts who have been heard, whether and for what reasons they have been sworn in,
4.		all the essential formalities of the procedure,
5.		the description of the written and presented documents (Article 252 (2a) and (3)),
6.		all the requests made by the parties and the decisions taken thereon;
7.		the statement of the judgment with the information referred to in § 260 (1) (Z) to (3).
The parties are free to demand the determination of individual points in the Protocol to safeguard their rights.

(2) In the event of appropriate suitability, the secretary may be left to the independent drafting of the negotiation transcript and its transfer, otherwise the second sentence shall be based on the fourth sentence of paragraph 4. The author may use himself in support of a technical assistance.

(3) The replies of the accused (§ 245) and the testimony of witnesses and experts shall be included in the minutes in summary of their essential content, unless their literal reproduction is required for the precipitation of the judgment appears. If witnesses or experts are not heard in the main hearing for the first time, only deviations, changes or additions to the information already contained in the files shall be included in the minutes.

(4) If the chairman has, apart from the confiscation of a written guide (Section 23 (2)), the information referred to in paragraph 1 (1) (1) to (3) shall be recorded in full text. Moreover, the information on the course and content of the main negotiation referred to in paragraph 1 (1) (4) to (7) and (3) shall be heard by the chairman or a judicial member of the Court of Justice who has been appointed by the chairman, for the present. The diktat must be recorded using a technical aid or transferred immediately.

(5) Experts shall, on the order of the Chairman, to dictate findings and opinions and their additions themselves to the manner described in paragraph 4.

(6) The contents of the recording or the transcript shall be reproduced at the request of a party. Sound recording and negotiation transcript shall be transmitted immediately in full text. This transfer, together with the information already recorded in full text, shall constitute the minutes of the negotiations, which shall be signed by the chairman and, where such a contribution has been made, by the secretary. A copy of the Protocol shall be sent to the parties, in so far as they have not waived it, at the latest, but at the latest, with the issuing of the judgment.

(7) Paragraph 270 (3) of the first sentence shall apply mutagenly to the correction of errors in writing and calculation in the negotiation protocol. Moreover, the Chairman shall, on his own account or at the request of a party entitled to take a decision on appeal or invalidity, after taking the necessary surveys, supplement or rectify the minutes by decision, on the grounds of his or her request, in so far as the circumstances or operations in the minutes of the main negotiation have not been properly mentioned or misrepresented. The application shall be submitted at the latest with the expiry of the time limit open for the execution of a declaration of invalidity or appeal filed against the judgment, otherwise it shall be rejected as inadmissible. The parties shall be given the opportunity to express their views on the correction or amendment envisaged or coveted and on the results of the well-established surveys within a reasonable period of time to be determined. Section 270 (3), second to fourth sentence, shall apply mutatily. If a supplement or correction of the negotiation protocol is carried out after the delivery of the copy of the judgment to the appellant, only the new service will resolve the time limits for the execution of notified appeals (§ § 285 and 294) "

19. According to § 271, the following § 271a is inserted:

" § 271a. (1) If the Chairman deems it appropriate, the protocol guidance may be assisted by the use of technical equipment for the recording of words or images, in accordance with the equipment available to the courts. In such a case, the entire course of the main negotiation shall be taken up immediately and shall be notified to all those concerned before. In addition to the information referred to in Article 271 (1) (1) to (3), the Chairman may limit the arrangement of negotiators or dictation to the arrangement of which parts of the recording are to be transferred in writing.

(2) The parties shall have the right to demand the reproduction of the recording or their transmission on an electronic data carrier in a commonly used file format. Such a record shall only be transferred if the Chairman considers it appropriate, or if a party or any other party has a particular legal interest in it and the costs of the Chairman to be determined by the Chairman are to be transferred to the Transfer takes over. The recording is to be taken as a supplement to the act.

(3) If the entire course of the main negotiation referred to in paragraph 1 has been recorded and the parties waive an appeal or if they do not notify any appeal within the time limit open, the minutes of the negotiation may be replaced by a The chairman shall be replaced by an endorsement which contains only the information referred to in Article 271 (1) (1) (1) to (3). If they demonstrate a legal interest, the parties may, within fourteen days of the date of delivery of the judgment, require the establishment of the Protocol and the service of a copy. "

20. In § 276a second sentence, the turn "or if it desires one of the parties after the chairman and before the continuation of the trial, unless the desire appears to be presumed to be willingly or only for the delay of the matter" through the turn "unless both parts waive the repetition of the two-month period" replaced.

21. In § 342, the quote "§ 270" by quoting "§ 270 (1) to (3)" replaced.

22. In § 343 (1), the turn-of-the- "§ § 271, 272 and 305 (3)" through the turn "§ § 271, 271a, 272 and 305 (3), with the proviso that a written guide shall be always to be taken into account" replaced.

(22a) § 408 Abs 2 has to be read:

" (2) An object of a fallen or retracted nature, which is of interest in a scientific or historical relationship or for a teaching, experimental, research or other faiths, is the state of the state in Austria. to make facilities and collections available. In addition, items which may be directly used to cover the material costs of the judicial system shall be used for the purpose of diversion of other objects, however, to the manner in section 377. Objects which can neither be used nor be used are to be destroyed. "

23. § 458 (2) has to be read:

" (2) In the event of an appeal by the parties to an appeal, or if they do not notify any appeal within the period open to them, the minutes may be replaced by a note to be signed by the chairman, who shall not: the information referred to in Article 271 (1) (1) (1) to (3). Section 271a (3) of the last sentence shall apply. '

Article II

Amendments to the Youth Court Act 1988

The Juvenile Justice Act, BGBl. No 599/1988, as last amended by the Federal Law BGBl. I No 60/2004, shall be amended as follows:

1. In § 32 (2), the text of the sentence shall be: "(§ 458 para. 2 StPO)" by the citing quote "(§ § 271a (3) and 458 (2) StPO)" replaced.

2. In § 60 the second sentence has to be read:

"In addition, young people and adult prisoners, as long as they are subject to the execution of the juvenile justice system, are not obliged to pay a contribution to the costs of the prison sentence."

The following paragraph 4a shall be inserted in Article VIII:

" (4a) The § § 32 (2) and (60) in the version of the Federal Law BGBl. I n ° 164/2004, enter into force on 1 March 2005. '

Article III

Amendments to the Federal Act on Judicial Cooperation in Criminal Matters with the Member States of the European Union

The Federal Law on Judicial Cooperation in Criminal Matters with the Member States of the European Union, BGBl. I n ° 36/2004, is amended as follows:

1. In § 24, the previous sales designation shall be "(5)" by the sales designation "(4)" replaced.

2. The following paragraph 3 is added to § 29:

" (3) A Member State shall power the execution of a European arrest warrant issued by an Austrian judicial authority against a person who is a national of that Member State, or who is resident or permanent resident in the person concerned shall be subject to the assurance that the person affected by the surrender shall, after hearing the person concerned, be responsible for the execution of a custodial sentence imposed by the Austrian court or a preventive measure related to deprivation of liberty If the measure is returned to that Member State, the Investigating magistrates, at the request of the public prosecutor's office, to give this assurance if there is any further reason to execute the European arrest warrant in that Member State. This assurance is binding on the Austrian judicial authorities. "

§ 77 shall be amended as follows:

(a) In paragraph 6, the word "Italy" by the words "Italy, Luxembourg and Slovenia" replaced.

(b) In paragraph 7, the date "2 August" by the date " 1. Jänner " replaced.

(c) The following paragraph 11 is added:

" (11) (6) and (7) and § § 24, 29 (3) in the version of the Federal Law BGBl. I n ° 164/2004, enter into force 1. Jänner 2005 in Kraft. "

Article IV

Amendments to the extradition and legal assistance act

The extradition and legal aid law, BGBl. No 529/1979, as last amended by the Federal Law BGBl. I n ° 15/2004, shall be amended as follows:

1. § 50 (1) the following sentence is added:

"Without such a request, a data transfer to a foreign authority in accordance with § 59a shall be permitted."

2. In § 55 para. 1 the word in the first sentence "or" according to the words "inconsant" is replaced by a dash and after the quote "145a StPO" the twist "or a decision according to § 149b StPO" inserted.

3. According to § 59, the following § 59a and heading is inserted:

" Data transmission without request

§ 59a. (1) Courts and public prosecutors may also submit personal data on the basis of an intergovernmental agreement to judicial authorities of another State, without the existence of a legal assistance request, to the extent that:

1.		the information shall relate to extraditable acts,
2.		the transmission of such information to a national court or to a national public prosecutor's office would be admissible even without a request; and
3.		on the basis of certain facts, it is to be assumed that the content of the information
a)			criminal proceedings initiated in the other State,
b)			a criminal procedure which has already been initiated, or
c)			a criminal offence of significant importance may be prevented or a direct and serious threat to public safety can be averted.

(2) The transmission as referred to in paragraph 1 shall be subject to the condition that:

1.		the data transmitted shall not be used without the prior consent of the transmitting authority for any purpose other than that used for the transmission of the data;
2.		to delete or correct the transmitted data immediately by the receiving authority as soon as:
a)			the inaccuracy of the data is obtained,
b)			inform the transmitting authority that the data has been illegally identified or transmitted, or
c)			that the data are not or are no longer required for the purpose underlying the transmission;
3.		the receiving authority shall inform the transmitting authority without delay of any data which it has identified. "

Article V

Amendments to the Public Prosecutor's Law

The Public Prosecutor's Law, BGBl. No. 164/1986, as last amended by the Federal Law BGBl. I No 5/1999, shall be amended as follows:

1. In § 35 (1), after the word "Prosecutor" the twist " or with a procedure under the Impeachment Act, BGBl. N ° 20/1949, against the Federal Government for alleged infringement of the law of an institution of a public prosecutor ' s office " inserted.

(2) The following paragraph 5 is added to § 42:

" (5) § 35 (1) in the version of the Federal Law BGBl. I n ° 164/2004, enters into force 1. Jänner 2005 in Kraft. "

Article VI

Amendments to the probation aid act

The Probation Aid Act, BGBl. No. 146/1969, as last amended by the Federal Law BGBl. I n ° 130/2001, shall be amended as follows:

1. § 26 para. 1 Z 3 has to read:

" 3.		The official supervision of the Federal Ministry of Justice and the President of the Vienna Higher Regional Court (§ 26a) on an official made available to the Association also extends to his activities there. The official shall, without prejudice to the rights reserved to the Federal Ministry of Justice and the President of the Higher Regional Court of Vienna, comply with the orders which the institutions ordered by the Association for the fulfilment of the rights referred to in Article 24 (3) shall be complied with. of the association of obligations. "

2. § 26a has to be read:

" § 26a. (1) The President of the Higher Regional Court of Vienna is responsible for the exercise of the administrative supervision and the other responsibilities of the first instance in relation to civil servants, which are made available in accordance with § 26 of a private association .

(2) The President of the Higher Regional Court of Vienna also observes the exercise of the necessary responsibilities under Section 2 (4) of the Act on the Law of the Law 1984 (DVG), BGBl. No 29, and the issuing of service contracts for missions. These responsibilities can be transferred from the Federal Minister of Justice after obtaining a proposal from the President of the Higher Regional Court of Vienna to the head of an organizational unit of the private association.

(3) The Oberlandesgericht Wien with the President of the Higher Regional Court of Vienna as Head of Service is a service for the civil servants referred to in § 26 within the meaning of Section 4 of the Federal Personnel Representation Act (PVG), BGBl. No. 133/1967. '

3. § 26e is deleted.

4. The headline before § 30 has to be read:

"In-force and transitional provisions"

(5) The following paragraph 3 is added to § 30:

" (3) § 26e shall expire on 31 December 2004. § § 26 and 26a in the version of the Federal Law BGBl. I n ° 164/2004, enter into force 1. Jänner 2005 in force. By way of derogation from § 23 (2) (lit). a PVG has the duty of the service establishment committee already elected at In-Kraft-Treten for the officers referred to in § 26 of this Act according to Article 26a (3) of the German Act. January 2005 to the President of the Higher Regional Court of Vienna. "

6. The following § 30a, together with the heading, is inserted:

" referrals

§ 30a. (1) Assignments in this Federal Act to other federal legislation are to be understood as references to the version in force in each case.

(2) In so far as personal names are only mentioned in male form in this Federal Act, they relate to women and men in the same way. The gender-specific form must be used in the application to certain persons. "

Article VII

In-force pedals

Article I shall enter into force on 1 March 2005, Article IV shall enter into force 1. Jänner 2005 in force.

Fischer

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