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Judicial Cooperation In Criminal Matters With The Member States Of The European Union (Eu-Jzg)

Original Language Title: Justizielle Zusammenarbeit in Strafsachen mit den Mitgliedstaaten der Europäischen Union (EU-JZG)

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Federal Law on Judicial Cooperation in Criminal Matters with the Member States of the European Union (EU-JZG)

The National Council has decided:

table of contents

I. Main piece

General provisions

§ 1. Scope

§ 2. Definitions

II. Main item

European Arrest Warrant and

Surrender procedures between Member States

First section

General requirements

§ 3. Basics

§ 4. Scope of the European Arrest Warrant

Second section

Enforcement of a European arrest warrant

§ 5. Enforcement of a European Arrest Warrant against Austrian citizens

§ 6. Austrian Tatort

§ 7. Austrian jurisdiction

§ 8. Decisions of third states or international courts

§ 9. Pundits

§ 10. Statute of limitations and amnesty

§ 11. Judgment of absentia

§ 12. Fiscal punishable acts

Third Section

Procedure for the approval of the handover

§ 13. Jurisdiction of the Court of First Instance

§ 14. Business

§ 15. Passing precedence

§ 16. Initiation of the surrender procedure

§ 17. Submission of the submission

§ 18. Submit detention

§ 19. Examination of the European arrest warrant

§ 20. Simplified submission

§ 21. Decision on the handover

§ 22. European arrest warrants of several Member States

§ 23. Meeting of a European Arrest Warrant with a request for extradition

§ 24. Implementation of the handover

§ 25. Submission of submission

§ 26. Conditional submission

§ 27. Resumption of surrender procedure

§ 28. Cost

Fourth Section

Effect of the execution of a European arrest warrant

§ 29. Fahndung

§ 30. Content and form of the European Arrest Warrant

§ 31. Speciality and further delivery or delivery

Fifth Section

Through Delivery

§ 32. Admissibility of transit

§ 33. Delivery of Austrian nationals

§ 34. Delivery Documents

§ 35. Decision on transit

§ 36. Effect of delivery

§ 37. Cost of delivery

§ 38. Relationship with other international obligations

III. Main item

Recognition and enforcement of judicial decisions

First section

Enforcement of foreign custodial sentences and preventative measures

§ 39. General requirements

§ 40. Consent to enforcement

§ 41. Detention for the purpose of securing enforcement

§ 42. Domestic enforcement decision

§ 43. Handling of requests for a request

§ 44. Competence and procedures

Second section

Enforcement of decisions of the Member States

§ 45. Requirements

§ 46. Competence and procedures

§ 47. Refusal of enforcement

§ 48. Postponing of enforcement

§ 49. Duration of seizure or seizure

§ 50. Obligation to understand

§ 51. Business route and translation

Third Section

§ 52. Enforcement of foreign decay and confiscation decisions

Fourth Section

§ 53. Enforcement of foreign financial penalties

Fifth Section

§ 54. Effect of enforcement

IV. Main item

Legal assistance

First section

Principles

§ 55. Priority of intergovernmental agreements and application of the ARHG

§ 56. General principle

§ 57. Responsibility for the execution of a legal assistance request

§ 58. Admission of foreign bodies and to the procedure of participation in legal assistance

§ 59. Legal status of foreign civil servants and civil liability

Second section

Formation of joint investigation teams

§ 60. General requirements

§ 61. Formation of a joint investigation group in Germany

§ 62. Information exchange

Third Section

Eurojust

§ 63. Tasks and objectives

§ 64. National Member

§ 65. Member of the Joint Supervisory Body

§ 66. Requests to Eurojust

§ 67. Disclosure of information

§ 68. Requests from Eurojust

Fourth Section

European Judicial Network

§ 69. Tasks and objectives

§ 70. Establishment of contact points

Fifth Section

Controlled delivery

§ 71. General principle

§ 72. Competence and procedures

Sixth Section

Covert investigations

§ 73. Requirements

§ 74. Implementation of the identified investigation

Seventh Section

Impact of legal assistance

§ 75. Delivery of procedural documents

§ 76. Request for the formation of a joint investigation team

§ 77. In-force, conclusion and transitional provisions

Annex I

List of offences in which double criminality is not examined

Annex II

European Arrest Warrant

Annex III

Certificate referred to in Article 9 of the Framework Decision of 22 July 2003 on the execution in the European Union of orders freezing property or evidence

Annex IV

Agreement on the formation of a joint investigation team and annex to the Memorandum of Understanding on the formation of a joint investigation team

I. Main piece

General provisions

Scope

§ 1. (1) This Federal Act regulates the criminal cooperation between the judicial authorities of the Republic of Austria and those of the other Member States of the European Union. This cooperation shall include:

1.

recognition and enforcement of judicial decisions, in particular by the surrender of persons and the freezing of evidence and property;

2.

mutual legal assistance in criminal matters, including the establishment of joint investigation teams, cooperation with Eurojust and the European Judicial Network (EJN) and the delivery of documents;

3.

the transfer of law enforcement and the transfer of law enforcement.

(2) Unless otherwise stated in the provisions of this Federal Act, the Federal Law on extradition and legal assistance (ARHG) shall apply, BGBl. No 529/1979.

Definitions

§ 2. In the sense of this federal law means

1.

"European arrest warrant" means a decision of a judicial authority of a Member State for the arrest and surrender of a person by the judicial authority of another Member State for prosecution or for the execution of a custodial sentence or a preventive measure associated with deprivation of liberty;

2.

"Freezing decision" means any measure taken by a competent judicial authority in a Member State in a criminal proceedings, provisionally including any destruction, alteration, transfer, transfer or disposal of property should be prevented from securing an order for the depletion of enrichment, be subject to decay, or could constitute evidence;

3.

"issuing State" means the State whose judicial authority has issued the European Arrest Warrant;

4.

"issuing judicial authority" shall be the judicial authority

a)

of the issuing State which is competent to issue a European Arrest Warrant under its law, or

b)

of the issuing State, which has adopted a freezing order, has been declared enforceable or has otherwise confirmed it;

5.

"executing judicial authority" means the judicial authority of the executing State which, under its law, is competent to take a decision on the execution of the European Arrest Warrant;

6.

"issuing State" means the State whose judicial authority has adopted a freezing order, declared enforceable or otherwise confirmed it;

7.

"executing State" of the State,

a)

whose judicial authority decides on the execution of the European Arrest Warrant, or

b)

in the territory of which the property or evidence is situated;

8.

"Member State" means a Member State which is a member of the European Union;

9.

"third country" means a State which is not a member of the European Union;

10.

"Eurojust" means the body with its own legal personality set up by decision of the Council of the European Union of 28 February 2002 to strengthen the fight against serious crime.

II. Main item

European arrest warrant and surrender procedures between Member States

First section

General requirements

Basics

§ 3. (1) The transfer of persons between Member States shall be carried out in accordance with the principle of mutual recognition of judicial decisions in criminal matters by the arrest and surrender of the requested person in accordance with the provisions of this Regulation Main piece by the executing judicial authority.

(2) The provisions of international law which are directly applicable within the scope of this main piece shall be applied only in so far as nothing else is ordered in this Federal Act.

(3) Provisions relating to extradition in other federal laws also relate to the surrender between the Member States regulated in this Federal Act.

Scope of the European Arrest Warrant

§ 4. (1) A European arrest warrant may be issued or enforced for prosecution in respect of an act which, under the law of the issuing State, shall be punishable by a custodial sentence of at least one year, or one with a custodial sentence of at least one year. The prevention of deprivation of liberty is threatened in this period if, irrespective of its legal name, it also constitutes an act which is threatened with a criminal offence under the law of the executing State. Whether in another issuing State there is an application or authorisation required under Austrian law to prosecute it is unrespectful.

(2) A European Arrest Warrant may be issued or enforced for the execution of a custodial sentence or a preventive measure associated with deprivation of liberty if the judgment is punishable by one of the offences referred to in paragraph 1 Actions have been carried out and are to be completed for a period of at least four months. A number of custodial sentences or their remains to be carried out shall be combined.

(3) For a decision pursuant to para. 1 or 2, the double criminality shall not be considered if the offence at which the European Arrest Warrant is based is punishable by the issuing judicial authority of one of the offences in question. Annex I , and under the law of the issuing State, subject to a custodial sentence of at least three years ' imprisonment or a preventive measure involving deprivation of liberty in the latter. Duration is threatened.

(4) For the classification of an act in one of the categories of offences referred to in Annex I by the issuing judicial authority, the literal agreement with terms of the law of the executing State shall not be required.

(5) If the execution of a European arrest warrant is admissible pursuant to paragraph 1 or 2, the surrender shall, in addition, also be carried out on the basis of this European arrest warrant for prosecution for other offences or for the execution of other custodial sentences. or other preventive measures involving deprivation of liberty, where enforcement is otherwise due to the level of the criminal threat (para. 1) or the extent of the penalty or measure (par. 2) would be inadmissible.

Second section

Enforcement of a European arrest warrant

Enforcement of a European Arrest Warrant against Austrian citizens

§ 5. (constitutional provision) (1) Enforcement of a European arrest warrant against an Austrian citizen by an Austrian judicial authority shall be admissible only in accordance with the following provisions.

(2) The execution of a European Arrest Warrant against an Austrian citizen for acts subject to the scope of Austrian criminal law is inadmissible.

(3) The execution of a European arrest warrant against an Austrian citizen shall be inadmissible if:

1.

the person concerned has not committed acts in the territory of the issuing State; and

2.

under Austrian law outside the territory of the Federal Republic of Germany, acts of the same kind do not fall within the scope of the Austrian criminal law.

(4) The execution of a European Arrest Warrant against an Austrian citizen in order to execute a custodial sentence or a preventive measure associated with deprivation of liberty is inadmissible. If an Austrian judicial authority is requested to execute such an arrest warrant, the penalty or measure imposed in the issuing State shall be in accordance with Articles 39 to 44, even without a separate application by the issuing judicial authority in Austria shall apply if otherwise the execution of this European Arrest Warrant would be admissible.

(5) The execution of a European arrest warrant by the surrender of an Austrian citizen for prosecution shall always be permitted only on condition that the person affected by the surrender after the grant of the legal hearing to the full train the custodial sentence imposed by the court of the issuing State or the preventive measure relating to the deprivation of liberty shall be returned to Austria.

(6) If the Austrian citizen concerned is in custody or surrender, he or she may, on grounds of refusal and conditions under this Federal Act, only expressly and at the earliest in the case in Section 20 (1) (§ 32 (1) ARHG, 181 (1)). 2 Z 1 StPO) shall refrain from any warranted infringement. In any case, such a waiver will only be effective if it is given to the courts in court.

Austrian Tatort

§ 6. The execution of a European arrest warrant by an Austrian judicial authority shall be inadmissible if it relates to acts committed in the domestic territory (§ 62 StGB) or on board an Austrian ship or aircraft (§ 63 StGB) (§ 67 para. 2 StGB). This shall also apply if the acts are not punishable by law under Austrian law.

Austrian jurisdiction

§ 7. (1) The execution of a European arrest warrant shall, in any event, be inadmissible if a final decision has been taken against the requested person in the territory of the country for the same act, subject only to the conditions of the ordinary resumption of the arrest warrant. can be lifted and prevent further prosecution in the issuing State.

(2) In addition, the execution of a European arrest warrant for acts subject to the scope of Austrian criminal law shall be inadmissible if:

1.

criminal proceedings are pending against the requested person for the same offence or until the decision of the Court of First Instance on the execution of the European arrest warrant has been taken, or

2.

the public prosecutor's office has decided to withdraw or discontinue an advertisement or proceedings for the same action or to suspend the requested person otherwise.

(3) (2) does not preclude the execution of a European arrest warrant against a person who is not an Austrian citizen, if:

1.

the conduct of the criminal proceedings in the issuing State, taking account of the special circumstances of the case, in particular for reasons of truth and a fair trial, the protection of the legitimate interests of the injured persons, the criminal dimension or the execution, or the execution, or

2.

the termination of the proceedings is due to a lack of evidence or a lack of application or a lack of authorisation of the injured person; or

3.

the validity of Austrian penal laws is based exclusively on § 65 StGB (German Criminal Code).

Decisions of third states or international courts

§ 8. The execution of a European arrest warrant shall be inadmissible if the requested person has the same facts

1.

has been legally acquitted or convicted by a court of a Member State and the penalty or preventive measure has already been enforced, is in the process of being enforced or has been contempted for the part which has not yet been carried out or cannot be enforced under the law of the State in which the judgment is given,

2.

have been put out of persecution by a public prosecutor of a Member State in whose territory the act was at least partially committed, by a final decision with the effects referred to in Article 7 (1);

3.

has been convicted by a court of a third country and the penalty or preventive measure has already been enforced, is being enforced or has been contempted for the part not yet completed, or under the law of the The State of the State may no longer be enforceable,

4.

has been legally acquitted in the State of the Tatort, or

5.

has been legally convicted or acquitted by the International Criminal Court, the International Tribunal for the Former Yugoslavia or the International Tribunal for Rwanda.

Pundits

§ 9. (1) The execution of a European arrest warrant against persons who were at the time of the offence under Austrian law at the time of deed is inadmissible.

(2) The issuing judicial authority shall be informed without delay of circumstances which entitle the applicant to accept that the requested person, on the basis of his age, is in accordance with the law of the European Arrest Warrant. The issuing State shall not be punishable.

Statute of limitations and amnesty

§ 10. The execution of a European arrest warrant by an Austrian judicial authority shall be inadmissible if the acts on which the European Arrest Warrant has been issued are subject to the scope of Austrian criminal law, and the persecution or enforcement is statute-barred in accordance with Austrian law or is inadmissible on account of an amnesty issued in Austria.

Judgment of absentia

§ 11. On the basis of a European arrest warrant, the surrender for the execution of a custodial sentence imposed in absentia or for the enforcement of a preventive measure arranged in absentia, linked to deprivation of liberty, shall be: permitted if:

1.

the requested person has been summoned to the court of the issuing State in person and under threat of the consequences of his unjustified period of stay,

2.

in accordance with Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, BGBl. No 210/1958, has been notified in any other way from the date and place of the hearing which led to the judgment in absentia, or

3.

the issuing judicial authority irrevocably assures that a request by the requested person to resume the proceedings and personal presence during the re-trial and decision in the issuing State without any further reasons shall be granted.

Fiscal punishable acts

§ 12. In tax, customs and monetary matters, the execution of a European arrest warrant by an Austrian judicial authority must not be refused on the grounds that Austrian law does not impose similar taxes on the law or does not contain similar tax, customs and monetary provisions as the law of the issuing State.

Third Section

Procedure for the approval of the handover

Jurisdiction of the Court of First Instance

§ 13. The responsibility for the proceedings and the decision on the execution of a European arrest warrant and the imposition of the surrender detention by an Austrian judicial authority as well as for the offer of the handover is based on § 26 ARHG.

Business

§ 14. (1) Business transactions for the execution of a European arrest warrant shall in principle take place directly between the issuing and the executing judicial authority.

(2) If the executing judicial authority or the issuing judicial authority in the European Arrest Warrant has made a central transmission authority known to it, commercial transactions shall take place in the way of that authority. The Federal Minister for Justice has decreed a list of such central transmission authorities by means of a regulation.

(3) A European arrest warrant and other documents under this Federal Act shall be transmitted by post, by fax, by electronic data transfer or by any other secure technical means, which shall mean the creation of a written This allows the receiver to determine the authenticity of the document.

(4) In order to establish the competent executing judicial authority, surveys may be carried out with the assistance of Eurojust or the contact points of the European Judicial Network.

(5) The transmission of the European Arrest Warrant and other documents may also take place under the mediation of the Federal Ministry of Justice, if difficulties arise in the transmission or verification of the authenticity of the documents, which are in the direct commercial transactions in accordance with paragraph 1 cannot be remedied.

(6) Where an Austrian judicial authority to which a European Arrest Warrant is served is not competent for its enforcement, it shall forward it to the competent court and shall inform the issuing judicial authority thereof.

Passing precedence

§ 15. Where a European arrest warrant has been issued by another Member State, or if there is a sufficient reason to offer surrender to another Member State, it shall be inadmissible for the purposes of other statutory provisions, except in the case of: To bring the country.

Initiation of the surrender procedure

§ 16. (1) The investigating judge shall, at the request of the public prosecutor's office, initiate a surrender procedure if a request for surrender of a Member State directly to the court or on the basis of certain facts is to be assumed that a person is in the territory of the country against which a European Arrest Warrant has been issued or which has been issued in the Schengen Information System for arrest. The issuing judicial authority shall be called upon to submit a European Arrest Warrant if the requested person is in the country.

(2) In all other cases, the Federal Ministry of the Interior has to consider whether, in the course of an automatic support system, the International Criminal Police Organisation-INTERPOL or otherwise in the path of the Criminal police assistance received requests from other Member States for the handover of a person Occasion for their invitation to tender for the purpose of temporary custody and presentation before the competent authorities for the purpose of preliminary protection and presentation. Investigating magistrates.

Submission of the submission

§ 17. (1) The Public Prosecutor's Office shall also, without the existence of a European Arrest Warrant, examine whether there is any reason for the handing over of a person subject to the territory of the Member State concerned to the Member State concerned, if, on the basis of certain It is to be assumed that the facts have been committed and are subject to the execution of such an arrest warrant.

(2) If there is reason for an offer to be handed over, the Public Prosecutor's Office shall have the initiation of a surrender procedure, the hearing of the person concerned by the investigating judge and the questioning of the judicial authority of the eligible person. Member State.

(3) The investigating judge shall, at the request of the Public Prosecutor's Office in accordance with § 18, impose the surrender detention on the data subject under the appropriate application of the provisions of Section 29 of the ARHG, insofar as this does not appear inadmissible, and the judicial authority of the Member State concerned, to the effect that a European Arrest Warrant will be issued against the person concerned, following a presentation of the facts. A reasonable time limit shall be set for the release of such an arrest warrant, with the indication that, in the course of its fruitless conduct, a renunciation of the surrender shall be accepted and the person concerned shall be released. The period may in no case exceed 40 days from the date of arrest of the person concerned. After the expiry of the deadline, the person concerned shall be released immediately, unless the public prosecutor's office so requests the imposition of the pre-trial detention.

Submit detention

§ 18. (1) A European arrest warrant or an invitation to tender under Article 95 of the Schengen Implementing Convention (SDC), BGBl. III No 90/1997, the request for a surrender procedure and the imposition of surrender detention shall be deemed to have been requested.

(2) The provisions concerning the delivery detention in accordance with § 29 ARHG shall apply mutalogically to the surrender detention.

Examination of the European arrest warrant

§ 19. (1) The conditions for a surrender shall be considered in the light of the content of the European Arrest Warrant. An examination of the suspicity is to be carried out only in the scope of Section 33 (2) of the ARHG.

(2) If the investigating judge considers that the contents of the European arrest warrant and the information otherwise provided by the issuing judicial authority are not sufficient to be able to decide on the handover, he shall have the following: , the competent judicial authority shall immediately require the issuing of additional information. A reasonable period of time shall be determined for the inclusion of additional information. The decision-making periods in accordance with § § 20 and 21 shall remain unchanged.

(3) If the legal assessment as a criminal offence in accordance with Annex I is manifestly incorrect or if the data subject has raised reasonable objections, the investigating judge shall proceed according to paragraph 2 if otherwise the handover would be inadmissible.

(4) The execution of the European Arrest Warrant shall be refused on the basis of objections by the person concerned if its surrender would infringe the principles recognised in Article 6 of the Treaty on European Union or if there are objective evidence the arrest warrant for the purpose of prosecuting or punishing the person concerned on grounds of sex, race, religion, ethnic origin, nationality, language or political opinion or sexual orientation the position has been adopted or the position of that person from one of these Reasons would otherwise be affected. An examination of the objections may be left if the data subject objects to the competent judicial authorities of the issuing State, to the European Court of Human Rights or to the Court of Justice of the European Communities. had been able to assert.

Simplified submission

§ 20. (1) The investigating judge shall inform the data subject of the possibility of a simplified handover to the European Arrest Warrant. In addition, § 32 (1) to (3) of the ARHG applies accordingly.

(2) Where the person concerned has agreed to the execution of the European Arrest Warrant for the purpose of judicial proceedings and has consented to be handed over without carrying out a formal procedure, the investigating judge shall, in so far as the conditions for a handover are available, immediately to announce the decision on the order of surrender and to send a written copy immediately to the person concerned and to the public prosecutor's office. The purpose of the copy is to designate the underlying European arrest warrant and to point out that no special effects are associated with this simplified handover. The decision shall also be taken to decide on any postponing of the surrender. If the conditions for a surrender are not available, then § 21 shall be used.

(3) In the event of a decision pursuant to paragraph 2, the person concerned and the public prosecutor's office shall have the complaint to the Court of Justice of the Court of Justice to be brought before the Court of Justice within 3 days from the date of publication of the decision (§ 114 StPO) The appeal shall have suspensive effect. The Court of Justice shall, within 40 days of the consent of the person concerned, decide on a complaint against the decision to surrender.

(4) The investigating judge shall inform the issuing judicial authority of the state of the proceedings within 10 days of the consent of the person concerned, or shall immediately make a copy of the final decision as a final decision to the European arrest warrant.

Decision on the handover

§ 21. (1) The investigating judge shall decide on the authorization or rejection of the surrender of the data subject within 30 days of the date of arrest by decision, which shall be completed in writing. The procedural rules on the admissibility of extradition pursuant to § 31 (1), first sentence, para. 2 to 5 and paragraph 6, first to fifth sentence, ARHG, apply mutaficily.

(2) If, on the basis of a European arrest warrant, the person concerned has been subject to surrender pursuant to § 18, the execution of the European Arrest Warrant shall be subject to a final decision within 60 days. If this period cannot be met, in particular because of the particular difficulties of the case, the investigating magistrate shall inform the issuing judicial authority before the expiry of the period. In this case, the decision-making period shall be extended by a further 30 days.

(3) In addition to the time-limit extended in accordance with the last sentence of paragraph 2, the surrender detention shall only be maintained if this is due to particular difficulties or special scope of the examination of the conditions for the execution of the arrest warrant in the With regard to the weight of the adhesive base, it is unavoidable. The time limits pursuant to section 18 (2) shall remain unaffected.

(4) A copy of the final decision shall be sent by the investigating magistrate to the issuing judicial authority immediately as a decision on the European arrest warrant.

European arrest warrants of several Member States

§ 22. If two or more Member States requests for the execution of a European arrest warrant against the same person, the Court of First Instance shall, in weighing all circumstances, decide which European Arrest Warrant shall be given priority. These circumstances include, in particular, the seriousness of the act, the crime scene, the date on which the European Arrest Warrant was issued and the fact that the arrest warrant has been issued for the purposes of prosecution or the execution of a custodial sentence or of a custodial sentence, or Prevention of deprivation of liberty has been adopted. An opinion may be obtained from Eurojust before a decision is taken.

(2) At the same time as the decision pursuant to paragraph 1 above, the admissibility of the further transfer to the execution of the other European arrest warrant shall be decided upon when the handover to the issuing State takes place subject to the speciality.

(3) These decisions shall be notified to all the Member States concerned.

Meeting of a European Arrest Warrant with a request for extradition

§ 23. (1) A European arrest warrant and at least a request for extradition from a third country shall be submitted by the Federal Minister of Justice, under consideration of all the circumstances in accordance with Article 22 (1) and in accordance with the applicable international agreements. decide whether priority should be given to the European Arrest Warrant or to the extradition request.

(2) The Court of First Instance shall decide on the execution of the European arrest warrant and shall forward the decision of the issuing judicial authority with a reference to the priority of the European arrest warrant issued by the Federal Minister for Justice will decide. The court has to submit the files together with the decision to be taken in accordance with the provisions of the ARHG concerning the admissibility of the extradition or the consent for simplified extradition to the Federal Ministry of Justice. The issuing State shall be notified of the decision of the Federal Minister of Justice by the investigating judge.

Implementation of the handover

§ 24. (1) § 36 ARHG shall apply in accordance with the following provisions for the execution of the transfer of the data subject. With regard to the necessity of travel documents, § 7 ARHG applies.

(2) In the event that the transfer to a neighbouring country occurs or if the necessary transmission permits are already available, the investigating judge shall, with the simultaneous understanding of the issuing judicial authority, order that the person concerned shall Person shall be handed over to the authorities of the neighbouring State within 10 days of the validity of the authorization of the surrender at a specified border crossing or agreed transfer location. In all other cases, the investigating judge shall immediately call upon the issuing judicial authority in writing to take over the person concerned within 10 days from the legal force of the authorisation of the surrender and the date and place of the To propose collection. This call is also to be sent immediately to the Federal Ministry of the Interior (Bundeskriminalamt).

(3) If the person concerned is not taken over within 10 days from the legal force of the authorisation of the surrender, the person concerned shall be released, unless a subsequent surrender date has been agreed within that period or circumstances exist which the person concerned has received. the influence of the Member States involved. In the event of such circumstances, the investigating judge shall once again require the issuing judicial authority, within the meaning of paragraph 2, in writing to take over the person concerned within 10 days from the absence of the obstacle and to propose a proposal for the Surrender. If the person is not taken over within this period, it shall be released.

(5) The execution of objects in connection with the execution of a European Arrest Warrant is governed by § 25 ARHG, insofar as these objects do not belong to the personal belongings of the person concerned. If objects located in the country are subject to decay or confiscation, these objects may only be handed over to the issuing State on condition that they are returned free of charge at the latest after the conclusion of the criminal proceedings. .

Submission of submission

§ 25. (1) The investigating judge shall postpone the surrender of the person concerned, if:

1.

the person concerned is not capable of transport or there are serious grounds for believing that the execution of the handover could lead to a risk to the person or life of the person concerned,

2.

the resumption of the surrender procedure has been approved,

3.

the person concerned is in pre-trial detention,

4.

the presence of the person on the free foot is absolutely necessary for a national criminal procedure;

5.

the person concerned is to be held in custody in custody, or

6.

the person concerned has to carry out a custodial sentence imposed by a court or administrative authority or a preventive measure involving deprivation of liberty.

(2) If, apart from the prosecution or execution, the person is not responsible for surrender (§ 34 paragraph 2 Z 2 StPO, § § 4 and 157 (1) of the Penal Code Act) and if all the reasons for the application have been dropped according to paragraph 1, the person shall be subject to the conditions laid down in § 24 immediately.

Conditional submission

§ 26. (1) If a postponing of the surrender has been ordered pursuant to Article 25 (1) Z 6, the person concerned may be temporarily handed over to the issuing judicial authority for the conduct of certain procedural acts in that procedure for which the execution of the surrender has been made. of the European Arrest Warrant, in particular for the purpose of the main negotiation and the precipitation of judgments, if the provision of the person's provision is assured after the conduct of the proceedings and a written agreement is concluded pursuant to paragraph 3. The provisional surrender shall not be required if it would lead to undue disadvantages for the person concerned.

(2) The provisional surrender shall not interrupt the enforcement of the national custodial sentence or preventive measure.

(3) The agreement shall contain at least:

1.

the description of those procedural acts for which the conditional surrender is to take place;

2.

the obligation to give the person concerned the right to be returned after the conduct of the procedural acts;

3.

a freezing order, after which the person concerned shall, in any event, be resigned, unless an extension of the conditional surrender has been agreed before the expiry of that period;

4.

the obligation to continue to hold the transferred person in detention and to release only on the order of the competent court of the executing State;

5.

a provision that the conditional surrender does not interrupt the execution of the custodial sentence or preventive measure imposed in the executing State, and that the periods of time spent in the issuing State in the issuing State shall be exclusively subject to the procedure of the the executing State;

6.

a provision that all costs related to the conditional handover are to be borne by the issuing State.

(4) If there is reason to obtain a conditional surrender from another Member State, the Court of First Instance, at the request of the Public Prosecutor's Office, shall conclude a written agreement with the executing judicial authority in accordance with paragraph 3.

Resumption of surrender procedure

§ 27. (1) The investigating judge (Section 68 (3) of the StPO) has to waive the decision taken pursuant to § 21 without conducting a trial, if new facts or evidence emerge which alone or in conjunction with the enforceable European Arrest warrant raises serious concerns about the correctness of the decision. The further procedure is based on § § 19 and 21. The investigating judge who decides on the resumption shall have the further dispositions in this surrender procedure.

(2) If the data subject has already been handed over to the issuing State and if a surrender is refused in the resumed proceedings, the files shall be submitted to the Federal Ministry of Justice. The Federal Minister of Justice has requested the issuing State to revisit the person concerned.

Cost

§ 28. Cost , The Republic of Austria shall bear the result of the enforcement of the European Arrest Warrant. All other costs, including the costs of conditional surrender, shall be borne by the issuing State.

Fourth Section

Effect of the execution of a European arrest warrant

Fahndung

§ 29. (1) The Court of First Instance, at the request of the Public Prosecutor's Office, shall decide whether a European arrest warrant has been issued and, where appropriate, shall have the invitation to tender for the requested person in the Schengen Information System under Article 95 of the Schengen Information System in the to arrange for the initiation of a search for the arrest of a sought-after person in at least one Member State. If a call for tenders in the Schengen Information System cannot be used in all the Member States, the services of the International Criminal Police Organisation (INTERPOL) must also be used.

(2) The Court of First Instance, at the request of the Public Prosecutor's Office, shall forward the European arrest warrant directly to the competent executing judicial authority if the place of residence of the requested person in a Member State is known or certain There are indications of such a place of residence.

Content and form of the European Arrest Warrant

§ 30. (1) The European arrest warrant shall be made using the form according to Annex II of this Federal Law and shall contain the information specified therein.

(2) The European arrest warrant shall be translated into the official language or one of the official languages of the executing State.

(3) When Member States accept the European Arrest Warrant in other than their own official languages, the Federal Minister for Justice shall be able to make this possible by means of a Regulation.

Speciality and further delivery or delivery

§ 31. (1) A person who has been surrendered to Austria on the basis of a European arrest warrant issued by an Austrian judicial authority may, without the consent of the executing State, on the grounds of any other act committed prior to its surrender, to which the European Arrest Warrant has not extended, neither pursues nor condemns any preventive measure linked to deprivation of liberty, nor subject to another European Arrest Warrant to another Member State shall be submitted. Any further delivery to a third country shall always be subject to the consent of the executing State.

(2) The speciality of the transfer shall not apply if:

1.

the person did not leave the territory of the Republic of Austria within 45 days of his final release, even though she was able to leave it and was allowed to leave,

2.

the person has left the territory of the Republic of Austria and has returned voluntarily or is lawfully returned from a third State,

3.

the action to be taken is not punishable by a custodial sentence or by a preventive measure involving deprivation of liberty or the prosecution does not lead to the application of a measure restricting personal freedom,

4.

A penalty or measure not associated with deprivation of liberty, in particular a fine or an order of property, shall be enforced against the person, even if such enforcement is carried out, in particular, by the enforcement of a penalty A substitute custodial sentence leads to a restriction of personal freedom,

5.

the person expressly renounced the observance of the principle of speciality or conscribates the prosecution for certain offences committed prior to the surrender, after they have been surrendered,

6.

the person before the executing judicial authority has given his consent and expressly waived the respect of the principle of speciality; or

7.

the executing judicial authority has waived compliance with the principle of speciality or has given its consent to the prosecution for other offences committed prior to the handover.

(3) The waiver of the observance of the principle of speciality or consent to prosecution for certain offences committed prior to the handover of criminal acts in accordance with paragraph 2 (2) of the Z 5 shall be effective only if the data subject is subject to these declarations. of the Protocol. The person concerned shall be informed of the effects of the waiver and of the consent, as well as of the fact that she is free to communicate with a defender before.

(4) There are no exceptions pursuant to paragraph 2 and there is reason to pursue the person concerned on the grounds of action or to execute a custodial sentence or a preventive measure involving deprivation of liberty against the person concerned, where the European Arrest Warrant does not extend, the European Arrest Warrant already issued shall be supplemented by a decision. This Decision shall contain the relevant information contained in a European arrest warrant in accordance with Annex II. It shall be translated into the official language or one of the official languages of the executing State (Article 30 (2) and (3)) and shall then be sent to the executing judicial authority with the request for consent. The request may be accompanied by an indication that consent shall be deemed to have been accepted if the executing judicial authority does not transmit a decision or any other response within 30 days of receipt of the request. Section 70 (3) to (5) of the ARHG shall apply mutatily.

(5) In the case of exceptions pursuant to paragraph 2, and if another Member State requests the execution of a European arrest warrant, that arrest warrant issued by the executing judicial authority shall be subject to the request for consent to be given to the executing judicial authority. Submit. The request may be accompanied by an indication that consent shall be deemed to have been accepted if the executing judicial authority does not transmit a decision or any other response within 30 days of the date of receipt of the request.

(6) If a third country is seeking the extradition of the transferred person, the investigating judge shall always request the executing judicial authority to consent to such re-delivery, unless the consent of the executing State is not as granted in accordance with paragraph 7. The investigating judge has to submit this request before the submission of the files to the Federal Minister of Justice pursuant to Section 32 (4) of the ARHG (ARHG) or before its decision in accordance with § 31 ARHG. The request shall be accompanied by copies of the extradition documents of the third country and of a court protocol recorded with the person concerned, on their declarations of extradition request.

(7) The Federal Minister for Justice has, by means of a regulation, published a list of those Member States which have informed the Secretary-General of the Council of the European Union that in their relations with other Member States which have an equal notification, consent to further prosecution, conviction or enforcement of a custodial sentence or preventive measure related to deprivation of liberty or to surrender to another Member State shall be deemed to have been granted, provided that the executing judicial authority in the individual case is Surrender decision shall not be made any other statement.

Fifth Section

Through Delivery

Admissibility of transit

§ 32. (1) The transit of a person through the territory of the Republic of Austria to a Member State shall be authorised on the basis of a request previously made.

(2) The transit shall not be subject to authorization if the airway is to be used and an intermediate landing in the territory of the Republic of Austria is not provided for. In the case of an off-scheduled stopover, the transit shall be authorised on the basis of a request to be made by the issuing State.

(3) A domestic criminal claim against the person to be delivered shall not be contrary to a transit. In this case, however, the Public Prosecutor's Office has to examine whether there is any reason to request the further transfer or extradition of the person to be delivered or to request the issuing State to take over the prosecution.

(4) The provisions relating to transit shall also apply, mutatily, to requests for the transit of persons through the territory of the Republic of Austria to a Member State for the purpose of taking over the prosecution or the execution of a person concerned. foreign court decision.

Delivery of Austrian nationals

§ 33. (constitutional provision) (1) The transit of Austrian nationals through the territory of the Republic of Austria is permitted only in accordance with the provisions of this Federal Law.

(2) The transit of Austrian nationals for the purpose of the execution of a custodial sentence or a preventive measure associated with deprivation of liberty shall be inadmissible.

(3) The transit of Austrian citizens must always be carried out on condition that the Austrian citizen, after having been granted a legal hearing, for the execution of the custodial sentence imposed by the court of the issuing State or by deprivation of liberty connected with the deprivation of liberty to Austria.

Delivery Documents

§ 34. (1) The delivery shall be checked solely on the basis of the content of the request. This request shall contain the following information:

1.

the identity and nationality of the person concerned,

2.

the existence of a European arrest warrant or an extradition request,

3.

the nature and legal assessment of the offence,

4.

the description of the circumstances in which the offence was committed, including the time of the offence and the crime of crime.

(2) The Federal Minister of Justice may request a supplement to the documents from the requesting State and shall determine a reasonable period of time. If this deadline is fruitless, it is necessary to decide on the basis of the available documents.

(3) § 49 ARHG shall apply for the implementation of the transit.

Decision on transit

§ 35. The Federal Minister of Justice, in agreement with the Federal Minister for the Interior, decides on the transit. It shall forward its decision directly to the applicant authority.

Effect of delivery

§ 36. (1) If, on the basis of a European arrest warrant issued by a national court, a Member State is responsible for the transit through a Member State, the Court of First Instance shall have the documents referred to in Article 34 of the competent authority of that Member State, with: to the request for authorisation. The Federal Minister of Justice has, by means of a regulation, a list of the authorities of the Member States responsible for receiving requests for transit.

(2) If there is reason to request a Member State to deliver a person from a third country on the basis of a request for extradition, the court shall have the documents referred to in § 34 of the German Federal Ministry of Justice for the effect of the Delivery shall be submitted.

Cost of delivery

§ 37. A replacement for the costs of transit through the territory of the Republic of Austria shall be required by the requesting Member State only if it does not bear the cost of a similar Austrian request itself. In case of doubt, the Federal Minister of Justice will be able to obtain information on reciprocity.

Relationship with other international obligations

§ 38. (1) The obligations of the Republic of Austria under the Rome Statute of the International Criminal Court, BGBl. III No. 180/2002, as well as the provisions of the federal laws on cooperation with international courts, BGBl. No 263/1996, and on cooperation with the International Criminal Court (ICC), BGBl. III n ° 135/2002, remain unaffected.

(2) The obligations of the Republic of Austria in respect of the principle of speciality as well as other international legal conditions which a third country has made on the occasion of the extradition of the person concerned to Austria shall remain unaffected. If such reasons are contrary to the execution of a European arrest warrant, the investigating judge shall, without delay, submit to the Federal Ministry of Justice those documents relating to the effect of the consent of the third country for the purpose of surrender. are required. The time limits provided for in § § 20 and 21 shall begin only on the day on which the principle of speciality or other conditions under international law no longer stand in the way of surrender.

III. Main item

Recognition and enforcement of judicial decisions

First section

Enforcement of foreign custodial sentences and preventative measures

General requirements

§ 39. (1) Where an Austrian judicial authority is requested to execute a European Arrest Warrant against an Austrian citizen in order to execute a custodial sentence or a preventive measure related to deprivation of liberty, and all other conditions for a surrender of this person after the II. The European Arrest Warrant is to be treated by the Austrian authorities as a request for the execution of the sentence of imprisonment or of the preventive measure associated with deprivation of liberty. To this extent, the custodial sentence imposed on an Austrian citizen in the issuing State or the preventive measure associated with deprivation of liberty shall be enforced domestily even if the European arrest warrant is to be applied to the The underlying act under Austrian law is not punishable by a court sentence. It is not necessary to obtain the consent of the person concerned for domestic enforcement.

(2) The enforcement of a custodial sentence or a preventive measure involving deprivation of liberty, which has been legally imposed by a court of another Member State, shall also be carried out at the request of the competent authority of that Member State permitted if:

1.

the decision in accordance with Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, BGBl. No 210/1958, has been adopted;

2.

the decision has been taken on the basis of an act which is punishable under Austrian law with a court sentence,

3.

the decision has not been taken on account of a criminal offence of a political nature or of a military or fiscal offence,

4.

no limitation of enforceability has yet occurred under Austrian law,

5.

the person concerned is not prosecuted for the same action in the country, has been legally convicted or acquitted, or otherwise has been put out of persecution,

6.

the person concerned is an Austrian citizen and has his or her residence or residence in Germany, and

7.

the Austrian law provides for a similar provision in the case of enforcement of a measure involving deprivation of liberty.

(3) If the execution of a European Arrest Warrant against an Austrian citizen was granted under the condition of the resubmission pursuant to Article 5 (5), the execution of the order imposed by the court of the issuing State shall be A custodial sentence or a preventive measure associated with deprivation of liberty shall be admissible even if the conditions set out in paragraphs 2 and 2 and 3 are not met.

Consent to enforcement

§ 40. (1) The execution of a custodial sentence or a preventive measure involving deprivation of liberty, which has been passed by a court of a Member State on an Austrian national, shall be admissible only if the person concerned of the Enforcement in Germany has agreed.

(2) The requirement of consent to domestic enforcement shall not apply if:

1.

the person concerned has withdrawn from the State of judgment by escaping the execution or further execution of the custodial sentence or the preventive measure associated with deprivation of liberty, or has become aware of the imminent execution of the sentence; Austria has issued, or

2.

there is a deportation or expulsion order or other order in the State of the State which has the effect that the person concerned, after being released from prison or deprivation of liberty, shall no longer be subject to the preventive measure The territory of the State of the State may remain.

Detention for the purpose of securing enforcement

§ 41. (1) At the request of the public prosecutor's office, the person concerned (§ 40) may be imprised for the purpose of securing enforcement if:

1.

a request by a State of the State for the execution of a custodial sentence or a preventive measure imposed by res judicata or for the execution of a European arrest warrant for the execution of a custodial sentence or a deprivation of liberty -related preventive action;

2.

there is an urgent suspicion, on the basis of certain facts, that the person concerned will be withdrawn from the proceedings under Section 44 or the execution of the proceedings on the basis of the extent of the sentence to be executed,

3.

consent of the person concerned for domestic enforcement is not required; and

4.

enforcement does not appear to be inadmissible from the outset.

(2) The provisions relating to pre-trial detention shall apply in respect of such detention.

Domestic enforcement decision

§ 42. (1) The domestic enforcement decision shall be the basis of the facts established by the court of the issuing State.

(2) Where the execution of a custodial sentence imposed by a court of another Member State or a preventive measure related to deprivation of liberty is assumed, the sentence to be executed domestily or with a custodial sentence shall be: Deprivation of liberty related preventive measures to be determined in accordance with Austrian law, on the basis of the custodial sentence or measure taken in the other Member State. In the case of enforcement of an act which is not legally punishable under Austrian law (Section 39 (1)), the Austrian penalty assessment principles must be applied in the same way as regards this act.

(3) The person affected by the decision may not be rendered unfavourable by the acquisition of enforcement than by the execution in the issuing State.

(4) § § 38 and 66 of the Penal Code shall apply in accordance with the provisions of the Code.

Handling of requests for a request

§ 43. (1) Requests for the enforcement of criminal proceedings in another Member State shall be forwarded by the Federal Ministry of Justice directly or through the Public Prosecutor's Office to the competent Court of First Instance (Section 44 (1)).

(2) The Federal Minister of Justice may, either on his own account or at the request of the Court of Justice of the Court of First Instance, request a supplement to the documents submitted for the purpose of taking over the enforcement of the execution of the execution of the execution of the application.

Competence and procedures

§ 44. (1) The Court of Justice of the Court of First Instance, referred to in Article 26 (1) of the ARHG, shall decide on the request for execution and the adjustment of the penalty or the detention of deprivation of liberty by a Senate of three Judges (Section 13 (3)). StPO) with decision. This decision shall be open to the public prosecutor and to the person concerned with a complaint to the Court of Justice of the second instance, to be lodged within 14 days.

(2) In the case of a domestic enforcement decision, the documents in question are deemed to be insufficient, the court has to request the issuing judicial authority to supplement the documents. The Court may set a reasonable time limit for the submission of such documents. If the request for enforcement of the foreign decision has been received by the Federal Ministry of Justice, the supplement shall be brought about in this way.

(3) The Federal Minister of Justice has to inform the issuing State of the decision to take over the execution on the intended route and to notify him of the execution of the execution. Where enforcement has been taken on the basis of a European arrest warrant, the court has to notify the issuing judicial authority of the takeover and the conclusion of the enforcement in the immediate dealings of the authorities.

(4) After the execution of the execution of a sentence or a preventive measure connected with deprivation of liberty, criminal proceedings may no longer be initiated on the basis of the act on which the judgment is based.

(5) The provisions of Austrian law shall apply to enforcement, conditional dismissal and the right of grace.

(6) In any event, the enforcement shall be terminated if the enforceability of the penalty or preventive measure associated with deprivation of liberty shall be terminated in accordance with the law of the issuing State.

Second section

Enforcement of decisions of the Member States

Requirements

§ 45. (1) A seizement decision on evidence may be enacted or enforced for offences governed by the law of the issuing State and, subject to the provision of the third paragraph, under the law of the executing State, with of a criminal sentence.

(2) A freezing order decision on property liable to be subject to subsequent confiscation, depletion of enrichment or decay may be enacted or enforced for criminal offences under the law of the The decision-making state and the executing State in accordance with paragraph 3 shall make it possible to ensure.

(3) For a decision pursuant to para. 1 and 2, the double criminality shall not be considered if the offence underlying the freezing order decision of the issuing judicial authority is one of the categories of the offence referred to in Annex I of criminal offences and, under the law of the issuing State, is punishable by a custodial sentence of at least three years.

(4) The freezing order decision shall be enforced only if it is subject to a certificate in the Annex III shall be accompanied by the following. If the certificate is incomplete or if it does not appear to be in conformity with the freezing order, the issuing judicial authority may set a deadline for completion or rectification, provided that the documents in question are available for: the decision on the enforcement of the seizage decision is not sufficient.

Competence and procedures

§ 46. (1) The Court of Justice of the European Communities shall decide on the enforcement of the order for the enforcement of a seizection decision of another Member State in which the object of the asset or the evidence is located. This decision shall be open to the public prosecutor and the interested party to the Court of Justice of the second instance within 14 days of a complaint. The complaint does not have suspensive effect. The issuing judicial authority shall be notified of the lodging of a complaint and of the outcome of the appeal proceedings.

(2) The procedure shall be governed by the provisions of the Code of Criminal Procedure. However, it is necessary to comply with a request for compliance with certain formal requirements and procedures deviating from them, if they are compatible with the principles of the Austrian criminal procedural law.

(3) The court shall decide as soon as possible on the freezing order decision, if possible within 24 hours of receipt thereof, and shall notify its decision of the issuing judicial authority.

Refusal of enforcement

§ 47. (1) The enforcement of a freezing order by an Austrian judicial authority shall be inadmissible if:

1.

the conditions laid down in § 45 do not exist;

2.

have, under Austrian law, privileges or immunities which make the enforcement of the freezing order impossible, or

3.

it follows from the certificate (section 45 (4)) that the principle cited in Section 7 (1) would be infringed by the execution of an infringement or confisceration decision.

(2) In the case of tax, tax, customs and foreign exchange criminal matters, the enforcement of the freezing order cannot be refused on the grounds that under Austrian law the same type of levies or taxes or no charges, Tax, customs or foreign exchange provisions of the same kind as provided for under the law of the issuing State.

Postponing of enforcement

§ 48. (1) The enforcement of a seizure decision shall be postpone if the property or evidence has already been confiscated in the course of proceedings pending domestiy or has been seized by means of an inability to provide evidence. is.

(2) Where seizure or freezing is cancelled in the domestic proceedings, the enforcement of the seizure decision shall be decided immediately.

(3) Enforcement of a seizage decision may be postponed as long as the purpose of ongoing investigations by them is at risk.

Duration of seizure or seizure

§ 49. Where the seizure decision is not subject to a request for the transfer of the evidence or the execution of an infringement or confiscated decision following the decision to be taken, the seizure or seizure or confistion shall be the subject of the decision. to maintain, until a decision on a request for legal assistance from the issuing State concerned with the evidence or property, to the extent that the conditions for seizure or seizure after that request have been met; Continue the section. In addition, § 58 of the third sentence of ARHG is to be used.

Obligation to understand

§ 50. If the execution of a freezing order proves to be inadmissible, in fact impossible or if enforcement is to be suspended, the investigating judge shall forthwith inform the issuing judicial authority thereof. The same applies to the imposition of an appeal against enforcement and the enforcement of the order for the enforcement of the order for seizage.

Business route and translation

§ 51. (1) In the case of business transactions for the purpose of enforcing a seizage decision, § 14 shall apply mutatily.

(2) The certificate referred to in Annex III to the seizection decisions of domestic courts shall be translated into the official language of the Member State in which the freezing order decision is to be carried out, in so far as the latter does not make the declaration. has made it possible to accept a translation into the German language or another language.

Third Section

Enforcement of foreign decay and confiscation decisions

§ 52. (1) The provisions of § § 64 to 67 of the ARHG shall apply to the execution of orders of property law which have been legally pronounced by a court of another Member State.

(2) A request from a Member State for the execution of an infringement or confiscate decision may only be granted if it is guaranteed that the requesting Member State would comply with a similar Austrian request; or in the case of an obligation under international law to enforce such decisions. In addition, § 3 ARHG applies.

Fourth Section

Enforcement of foreign financial penalties

§ 53. (1) The provisions of § § 64 to 67 of the ARHG shall apply to the execution of fines imposed by a court of another Member State in a legally binding manner.

(2) A request from a Member State for the execution of a fine imposed by a final penalty shall only be complied with if it is guaranteed that the requesting Member State would comply with a similar Austrian request; or require international conventions for the enforcement of such fines. In addition, § 3 ARHG applies.

Fifth Section

Effect of enforcement

§ 54. (1) The enforcement of Austrian criminal proceedings by other Member States shall be effected in accordance with the provisions of Section 76 of the ARHG.

(2) If the remainder of the penalty to be executed or preventive measure associated with deprivation of liberty is more than one year, the possibility of taking over the execution of the sentence by the Member State in which the person concerned is entitled shall be examined. Residence had.

(3) In the case of non-compliance with the agreement of the person concerned for enforcement in a Member State, the request to take over the execution of the sentence shall be subject to the condition of compliance with the principle of § 31 .

IV. Main item

Legal assistance

First section

Principles

Priority of intergovernmental agreements and application of the ARHG

§ 55. The provisions of this Item shall apply only in so far as nothing else is determined in directly applicable intergovernmental agreements.

General principle

§ 56. (1) Assistance may be provided at the request of an authority of a Member State for the following procedures:

1.

in criminal matters, even where a legal person may be held responsible for acts in the requesting Member State, including the procedures for the order of preventive measures, the suspension of the sentence, the postponement, or the interruption of the execution of a penalty or preventive measure, the dismissal of the sentence and the right to object of an asset-law order;

2.

in proceedings for acts which are punishable as administrative offences or administrative offences, in so far as the decision of the competent authority may be invoked by a court which is also competent in criminal matters; this shall also apply to actions, for which a legal person may be held responsible in the requesting Member State;

3.

by the service of procedural documents;

4.

in civil matters connected with a charge, as long as the criminal court has not yet definitively ruled on the charge;

5.

in matters relating to the criminal record, including the redemption,

6.

in proceedings relating to compensation for prosecution, criminal justice and unjustified condemnation;

7.

in the case of mercy and in matters of enforcement of criminal and measures.

(2) As an authority within the meaning of paragraph 1, a court, a public prosecutor's office or an administrative authority whose decision may be brought to court in criminal matters, as well as a court in criminal matters, shall be considered as an authority in the meaning of paragraph 1. Enforcement of measures to be carried out.

(3) Legal assistance within the meaning of paragraph 1 is any assistance granted for a foreign procedure in a criminal matter. It also includes the approval of activities in the framework of cross-border observations on the basis of intergovernmental agreements, of joint investigation teams and of covert investigations.

Responsibility for the execution of a legal assistance request

§ 57. (1) The responsibility for the execution of a legal assistance request is based on § 55 ARHG.

(2) Where the request for legal assistance relates to acts pursuant to Section 56 (1) (2), which are punishable under the law of the requesting Member State as administrative transgressions or administrative offences, legal assistance shall also be provided by the Austrian judicial authorities. if the request is issued by an administrative authority of the requesting Member State.

Admission of foreign bodies and to the procedure of participation in legal assistance

§ 58. (1) The conduct of self-employed investigations or acts of proceedings in the territory of the Member States by the institutions of the Member States is inadmissible. To the extent that inter-governmental agreements permit the taking of individual actions by foreign officials, they shall always be carried out under the direction of an Austrian authority. The Federal Minister of Justice does not require the authorization of the officials of the Member States to provide the necessary services. Section 59 (2) and (3) of the ARHG shall apply mutatily.

(2) At the request of the competent authority of a Member State, the participation of judges, prosecutors or officials responsible, as well as of other persons involved in the proceedings, as well as their legal counsel, shall be required to: To grant legal assistance to the competent court if their presence and participation in the legal assistance are required for the proper execution of the request.

Legal status of foreign civil servants and civil liability

§ 59. (1) Officials of the Member States shall be Austrian officials in the case of domestic operations under this Federal Act and in accordance with intergovernmental agreements in respect of offences committed against them or which they themselves commit. equal.

(2) If officials of another Member State are in use on Austrian territory in accordance with this Federal Law, that Member State shall, in accordance with Austrian law, replace it, in particular in accordance with the provisions of the Official Liability Law; BGBl. No 20/1949, the damage caused by the officials in their use.

(3) If the damage is caused on Austrian territory, the Republic of Austria shall reimbursethe damage in such a way as if Austrian officials had caused it. The official liability law applies to the assertion of claims for damages.

(4) The other Member State whose officials have caused damage on Austrian territory shall reimburse the Republic of Austria for the total amount of the damages which the latter has made to the injured party or to its successor in law.

(5) Without prejudice to the exercise of their rights vis-à-vis third parties, and with the exception of paragraph 4, the other Member State and the Republic of Austria shall, in the case referred to in paragraph 2, waive the amount of damage suffered by other Member States. to assert.

Second section

Formation of joint investigation teams

General requirements

§ 60. (1) Joint Investigation Teams for the conduct of criminal investigations shall be constituted by special agreement between the competent authorities of two or more Member States for a specific purpose and period. The purpose, duration and composition of the Joint Investigation Group may be amended by agreement of all the Member States concerned.

(2) A joint investigation team may, in particular, be established:

1.

if difficult and complex investigations into investigations in other Member States are to be carried out in an investigation procedure of a Member State for the investigation of criminal offences;

2.

where several Member States carry out investigations into offences which, as a result of the underlying facts, require a coordinated and coordinated approach in the Member States concerned.

(3) The request for the formation of a joint investigation team may be made by each Member State and shall have the form in the form Annex IV shall be included in the list.

Formation of a joint investigation group in Germany

§ 61. (1) In a domestic criminal procedure, the formation of a joint investigation team is deemed to be necessary (Section 60 (2)) and shall be carried out domestiy in which the participation of officials of other Member States , the investigating magistrate shall, at the request of the public prosecutor's office, propose to the relevant judicial authorities of the other Member States, in the immediate commercial transactions, the formation of a joint investigation team. This proposal shall also be addressed to the competent Austrian security authority, which may propose further members, and shall be the Head of the Public Prosecutor's Office and the President of the Court of First Instance and the Head of the Eurojust to inform the national Member of the European Parliament.

(2) The investigating judge shall, at the request of the public prosecutor's office, decide on a request from a Member State for the formation of a joint investigation team.

(3) A joint investigation team working in Germany shall be led by the investigating judge and supported in organisational terms. Their powers shall be governed by the rules on criminal proceedings in force in the country.

(4) Persons who are not representatives of the competent authorities of a Member State shall be allowed to participate in a joint investigation team at home if all the members of the Joint Investigation Group agree and otherwise the Conditions for legal assistance in the presence of these persons are available. The head may exclude foreign officials from being present in certain investigative actions if the implementation would otherwise be significantly impeded or if the success would be at risk.

Information exchange

§ 62. (1) The information obtained in the context of a joint investigation team within the country may be used by the authorities of the Member States concerned to the extent that they could have been obtained through mutual legal assistance.

(2) In so far as the legislation of that State in which the joint investigation team has become active does not determine otherwise, information legally obtained by an Austrian Member abroad may be obtained from the Austrian Member State. Judicial authorities are not otherwise accessible, only for the purposes for which the group was formed, and for the defence of a direct and serious threat to public safety.

(3) In order to use the information obtained by an Austrian member abroad for purposes other than those referred to in paragraph 2, the prior consent of the Member State in which the information has been obtained shall be obtained. .

Third Section

Eurojust

Tasks and objectives

§ 63. (1) Eurojust shall, in particular, be responsible for acts carried out under Article 2 of the Europol Convention, BGBl. III. No 123/1998, which covers the financial interests of the European Communities, computer-related crime, fraud, bribery, seizure, money laundering, action against the environment, criminal organisations and acts of such kind. in the context of action.

(2) Eurojust may, where at least two Member States or a Member State and a third country are involved in investigations or prosecureation measures,

1.

promote coordination between the competent authorities,

2.

improve cooperation between competent authorities in the area of legal assistance, extradition and enforcement of the European Arrest Warrant; and

3.

increase the effectiveness of investigations and prosecurees through other support.

National Member

§ 64. (1) The Federal Minister for Justice has to send a national member and, if necessary, also a deputy to Eurojust (Section 39a of the Civil Service Law 1979, BGBl. No. 333/1979). At the time of their posting, they must be judges or prosecutors of the service.

(2) The national member shall be subject to the technical instructions of the Federal Minister of Justice and the Oberstaatsanwaltschaften during his duties at Eurojust.

(3) The national member is entitled, in direct business dealings with Austrian authorities, in particular with the courts and public prosecutors, as well as the security authorities, to obtain the information necessary for the performance of the tasks , and with bodies of the European Union, international organisations and law enforcement authorities of the Member States, to exchange such information.

Member of the Joint Supervisory Body

§ 65. (1) The Minister of Justice of the Federal Republic of Germany has a member selected from among the judges of the service to make known to the Joint Supervisory Body for the monitoring of Eurojust's activities in the processing of personal data. The Member shall be independent in the performance of his duties .

(2) The duration of the function shall be two years, calculated from the date of the designation of the name of the General Secretariat of the Council and Eurojust. An additional name-binding is allowed. If the Member is a permanent member of the Joint Supervisory Body at the end of his term of function, his term of function shall be extended until he is appointed as a permanent member. After the end of the functional period, the Member shall remain responsible for the treatment of those complaints which it has previously participated in. Before the end of the period of operation, the Member may, against his will, be dismissed only under the conditions for a translation, suspension or loss of office under the Judge Service Act and in accordance with the procedure laid down in that Act. .

Requests to Eurojust

§ 66. An Austrian judicial authority may, as part of a domestic criminal procedure, contact the national member in direct commercial transactions and submit requests for assistance in accordance with the competence of Eurojust. Security authorities shall submit requests through the competent judicial authority.

Disclosure of information

§ 67. The national member may disclose to Eurojust and other national members information to that extent in which the performance of mutual legal assistance in criminal matters is subject to the applicable Austrian provisions and international agreements. is allowed.

Requests from Eurojust

§ 68. (1) In order to establish a coordination between the competent authorities of the Member States, the Public Prosecutor's Office shall, in order to establish a coordination between the competent authorities of the Member States, propose a reasoned request from the College of Eurojust for the adoption or transfer of criminal proceedings. In accordance with Section 8 (1) of the Public Prosecutor's Law (StAG), BGBl, the Joint Investigation Group or the transmission of information required shall not be granted. No 164/1986. The Court of First Instance shall issue a decision of this kind with a decision against which the Public Prosecutor's Office is entitled to appeal to the Court of Justice of the Court of Justice of the Court of Justice within 14 days. A final rejection shall be notified to the Federal Ministry of Justice.

(2) The refusal of a request shall always be justified in relation to Eurojust, provided that this would prejudice non-Austrian security interests or endanger the purpose of ongoing investigations or the safety of persons.

Fourth Section

European Judicial Network

Tasks and objectives

§ 69. The European Judicial Network (EJN) is intended to facilitate the direct transport of public authorities and cooperation between the judicial authorities of the Member States through the active mediation and production of direct contacts by means of direct contact between the Member States. competent contact points of other Member States.

Establishment of contact points

§ 70. (1) Contact points of the European Judicial Network shall be established at the Court of First Instance at the seat of the Oberlandesgericht and the Federal Ministry of Justice.

(2) The presidents of the Higher Regional Courts shall announce to the Federal Ministry of Justice each judge who is suitable for the performance of the tasks of a contact point. The designation of the Austrian contact points on the European Judicial Network is carried out by the Federal Minister of Justice.

(3) The courts and public prosecutors shall support the contact points in their work and the contact points in order to facilitate judicial cooperation, in particular for obtaining short information on the foreign legal situation , as well as information on the progress of foreign criminal and judicial assistance procedures, provided that such information could not be obtained in the direct dealings with the foreign authority concerned.

Fifth Section

Controlled delivery

General principle

§ 71. The controlled delivery is the transport of traffic-restricted or prohibited goods from or through the federal territory without the public prosecutor's office being obliged to proceed in accordance with Section 34 (1) of the StPO.

Competence and procedures

§ 72. (1) In order to take a decision on a controlled delivery by Austria, the Public Prosecutor's Office is responsible, in the case of which the border is likely to be exceeded or where the controlled delivery is to go out of the sprint.

(2) At the request of a Member State or in agreement with another Member State, a controlled delivery by Austria or from Austria to a Member State shall be granted if:

1.

the conditions for the release of a European Arrest Warrant by the controlled delivery or the foreign criminal procedure are fulfilled, and

2.

in the case of controlled delivery, the investigation of such offences or the exploration of a participant not merely subordinated to the commission of the offences punishable by crime.

(3) A controlled delivery shall be subject to the following conditions:

1.

it could lead to a serious risk of life, health, physical integrity or freedom of a person, owing to the particular nature of the goods or the group of perpetrators;

2.

it would be contrary to § 25 of the StPO, or

3.

the further monitoring of the transport and access in the other State does not appear to be ensured.

(4) The controlled delivery by or from the territory of the Federal Republic shall be taken over and managed by Austrian authorities. It shall be designed in such a way as to allow access to the suspects and the goods at any time. The execution of a controlled delivery by or accompanied by civil servants is to be granted only in compliance with the principles of § 25 StPO.

(5) After the completion of the controlled delivery, the Public Prosecutor's Office shall examine whether there is any reason to request the transfer of the criminal prosecution to the State in which the suspects were entered.

Sixth Section

Covert investigations

Requirements

§ 73. (1) The use of an official of a Member State within the territory of a Member State which is concealed or under false identity shall be used only on the basis of a grant issued before the date of commencement of the use of that Court of First Instance, in the latter's sprinkling of is expected to begin, and only on the basis of a request from a judicial authority of a Member State which has authorised such use in an already initiated criminal or investigative procedure.

(2) The use of a foreign concealed investigator domestily is to be granted if:

1.

the deeds to which the foreign criminal proceedings are based fulfil the conditions for the release of a European arrest warrant; and

2.

the clarification of the actions without the planned investigations would be hopelessly or significantly impeded.

(3) The use may be ordered only for the period likely to be necessary in order to achieve its purpose, but for a period of one month at the latest. A new order shall be admissible only in so far as the conditions are maintained and, on the basis of certain facts, it is to be assumed that the further implementation will be successful. As soon as the conditions for the further implementation are no longer reached or the purpose of the investigation is no longer reached or is not likely to be reached any more, the use must be terminated immediately.

Implementation of the identified investigation

§ 74. (1) The foreign covert investigator is to be carried out and monitored exclusively by the Federal Ministry of the Interior (Bundeskriminalamt). This authority is the decision on the authorisation to comply with the provisions of the Code of Closure Order, BGBl. II No 256/1998.

(2) The covert investigator shall comply with the Austrian legislation, in particular § 25 StPO, and shall comply with all orders of Austrian authorities. The closer conditions of its use as well as the issued orders (para. (1) shall be determined in close cooperation with the applicant authority and shall be included in the decision of the Court of First Instance to be approved.

(3) The concealed investigator shall be entitled to collect information and to establish contact with suspects or other persons in their surroundings. If, in the context of the covert investigation, the suspicion of new criminal offences arises, the covert investigator may have found that it is possible to do so, but with the exception of his own security and the progress of the investigation, indication (§ § 24, 84 para. 3 StPO) to the to reimburse the management authority. The results of the investigation shall be recorded in a report to be submitted to the approved court, which shall also be carried out in the light of the apparent transactions carried out by the covert investigators.

(4) In so far as it is essential for the investigation of the offence, the covert investigator is entitled to use documents which deceive his identity as a civil servant in the course of legal transactions in order to carry out the purpose of the investigation. Such use shall be documented. Apartments or other rooms protected by domestic law may only be accessed by concealed investigators with the consent of the owner. This agreement must not be brought about by deception via an access authorization.

(5) The acceptance of a shelled person, that is the attempt or the apparent execution of criminal offences by a covert investigator, insofar as these are in the acquisition, seizure, possession, entry, export or execution of objects or Assets which have been alienated, stem from a crime or are dedicated to the commission of such a crime or whose possession is absolutely prohibited, shall only be permitted in order to clarify a crime (Section 17 (1) StGB) and only to the extent permitted As a result, neither the accused, nor any other person, for the undertaking, continuation or the completion of a criminal offence (§ 25 StPO).

Seventh Section

Impact of legal assistance

Delivery of procedural documents

§ 75. (1) procedural documents and other documents of a judicial or state law shall be sent directly by post to persons who are in the territory of the Member States.

(2) Delivery by the judicial authorities of the requested Member State may be effected only if:

1.

the address of the addressee is unknown or not known exactly;

2.

call for the delivery of a document other than that provided for in the inter-state postal service, on the delivery of the document to the consignee,

3.

it was not possible to deliver on the post, or

4.

There are reasonable grounds for believing that the postal route will not lead to the destination or is unsuitable.

(3) Where there is evidence that the recipient of the delivery is not unaware of the language in which the document is written, the document, or at least its essential content, shall be in the language or in one of the languages of the Member State in whose territory the recipient is to be translated. However, if it is known to the court or the public prosecutor that the addressee is only familiar with another language, the document or at least its essential content shall be translated into that language.

(4) In so far as the document to be allocated is not accompanied by a legal instruction, the document or an attached note shall be used to designate the body which, at its request, receives information on its rights and rights to the person receiving the delivery. Obligations relating to the service of the document may be granted.

Request for the formation of a joint investigation team

§ 76. (1) If an investigation is to be carried out in one or more Member States within the framework of a national criminal procedure, which gives rise to the formation of a joint investigation team, the investigating judge may, at the request of the public prosecutor's office, request the competent judicial authorities of those Member States to form a joint investigation team, in accordance with the provisions of Article 60 (2).

(2) Participation of Austrian judicial authorities in a joint investigation team formed in another Member State may take place if the offences to which they are based are also punishable under Austrian law with a judicial penalty are threatened and the participation also serves to educate a criminal offence under the application of Austrian law.

In-force pedals and transitional provisions

§ 77. (1) This federal law, with the exception of the second section of the III. Main item entered into force on 1 May 2004. From this point on, the following international agreements are replaced by this Federal Law in relation to those Member States which already apply the European Arrest Warrant:

1.

the European Convention on extradition of 13 December 1957, BGBl. No 320/1969, the accompanying Second Additional Protocol of 17 March 1978, BGBl. No 297/1983, the Treaty of 31 December 1983. Jänner 1972 between the Republic of Austria and the Federal Republic of Germany on the addition of the European Convention on extradition of 13 December 1957 and the facilitation of its application, BGBl. No 35/1977, the Treaty of 20 February 1973 between the Republic of Austria and the Italian Republic on the addition to the European Convention on extradition of 13 December 1957 and the facilitation of its application, BGBl. No 559/1977, and the European Convention on the Suppression of Terrorism of 27 June 1977. Jänner 1977, BGBl. No 446/1978, in so far as it relates to extradition,

2.

the Convention between the Member States of the European Communities on the simplification and modernisation of procedures for the transmission of extradition requests of 26 May 1989, BGBl. III No 136/1999,

3.

the Convention of 10 March 1995 on the simplified extradition procedure between the Member States of the European Union, BGBl. III No 169/2000,

4.

the Convention of 27 September 1996 on extradition between the Member States of the European Union, BGBl. III No 143/2001,

5.

Chapter 4 of Title III of the Convention of 19 June 1990 on the implementation of the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, BGBl. III No 90/1997.

(2) (constitutional provision) Up to 1. Jänner 2009 is also to refuse the execution of a European arrest warrant against an Austrian citizen even if the act, pursuant to which the European Arrest Warrant has been issued, does not, according to Austrian law, be brought into force by a court or judicial authorities. Punishment is threatened.

(3) This federal law shall not apply to extradition requests which have been received by the Austrian authorities prior to the entry into force of this Federal Law.

(4) This federal law does not apply to the enforcement of the European arrest warrants of other Member States if the deeds to which these warrants are based have been committed, at least in part, before 7 August 2002. Such European arrest warrants shall apply to the ARHG in the version in force at the time of the decision and to the intergovernmental agreements which were in effect on 7 August 2002.

(5) A Member State shall, after the entry into force of this Federal Law, seek the surrender of a person for acts committed exclusively after 7 August 2002 without a European arrest warrant being made, the latter shall be subject to the following: Federal law shall also apply if a court warrant or a document of the same effectiveness or a enforceable judgment of that State has been issued, which contains the information contained in a European arrest warrant. Section 19 (2) shall apply mutatily.

(6) The effect of a handover from France for acts committed, at least in part, before 1 November 1993 and from Italy for acts committed at least in part before 7 August 2002, shall be determined in accordance with the Provisions of the ARHG and the intergovernmental agreements in force on 7 August 2002 with those States.

(7) The second part of the III. The main item shall enter into force on 2 August 2005.

(8) The contact point of the European Judicial Network (EJN) at the Regional Court of Feldkirch can remain established in the Sprengel of the Oberlandesgericht Innsbruck up to a new name liability pursuant to Section 70 (2).

(9) The references to other federal or international law provisions contained in this Federal Act are to be understood as references to the version in force in each case.

(10) The Federal Minister for Justice and Home Affairs is responsible for the enforcement of this federal law, depending on the scope of the law.

Klestil

Bowl