19. Federal Act, with which the Code of Criminal Procedure in 1975 is redesigned (Criminal Procedure Reform Act)

The National Council has decided:

The Code of Criminal Procedure in 1975, BGBl. No 631/1975, as last amended by BGBl. I n ° 15/2004, shall be amended as follows:

1. The table of contents shall be preceded by the following table of contents:

table of contents

Part 1
General principles and principles of the procedure
1. Main item
The criminal procedure and its principles
§ 1	The criminal procedure
§ 2	Independence
§ 3	Objectivity and Truth Research
§ 4	Charges
§ 5	Law and proportionality
§ 6	Legal hearing
§ 7	Right of defence
§ 8	Presumption of innocination
§ 9	Acceleration bid
§ 10	Participation of victims
§ 11	Sworn and Schöffen
§ 12	Oral and public
§ 13	Immediacy
§ 14	Free evidence
§ 15	Preliminary Questions
§ 16	Prohibition of deterioration
§ 17	Prohibition of repeated prosecution
2. Main piece
Criminal police, prosecutor's office and court
Section 1
Criminal police
§ 18	Criminal police
Section 2
Public prosecutors and their responsibilities
§ 19	General
§ 20	Prosecutors
Section 21	Prosecutor's Office
Section 22	General Procuration
Section 23	Invalidity complaint for the protection of the law
§ 24	Opinions of public prosecutors
Section 25	Local competence
Section 26	Link
§ 27	Separation of procedures
§ 28	Determination of competence
Section 3
Courts
§ 29	General
§ 30	District Court
Section 31	National Court
Section 32	County court as jury and jury
§ 33	Oberlandesgericht
Section 34	Supreme Court
§ 35	Form of judicial decisions
§ 36	Local competence
Section 37	Responsibility of the relationship
§ 38	Competence Conflict
§ 39	Delegation
§ § 40 to 42	Chairmanship and vote in the senates
Section 4
Exclusiveness and partiality
Section 43	Exclusion of judges
Section 44	Display of exclusivity and request for rejection
§ 45	Decision on exclusion
Section 46	Exclusive of jurors, spoons and log guides
§ 47	Prisoner of Criminal Police and Public Prosecutor's Office
3. Main piece
Accused and defender
Section 1
General
§ 48	Definitions
Section 2
The Accused
§ 49	Rights of the accused
§ 50	Legal instruction
§ § 51 and 52	File View
Section 53	File View Procedure
§ 54	Prohibition of publication
§ 55	Requests for evidence
§ 56	Translation Assistance
Section 3
The defender
Section 57	Rights of the Defender
§ § 58 and 59	Empowerment of the defender
§ 60	Exclusion of the defender
Section 61	Forgiveness of a defender
Section 62	Order of a Defender
§ 63	Freewheel Run
Section 4
Liability Participants
Section 64	Liability Participants
4. Main piece
Victims and their rights
Section 1
General
Section 65	Definitions
Section 2
Victims and private persons
Section 66	Victims ' Rights
Section 67	Private Participation
Section 68	File View
Section 69	Private claims
Section 70	Right to information
Section 3
Private Prosecutor and Subsidiary
Section 71	Private prosecutor
Section 72	Subsidiary aranger
Section 4
Representative
Section 73	Representative
5. Main piece
Common provisions
Section 1
Use of information technology
Section 74	Using Data
§ 75	Reporting, deleting, and locking data
Section 2
Office and legal assistance, file inspection
Section 76	Official and legal assistance
Section 77	File View
Section 3
Display duty, display and attachment law
§ § 78 and 79	Notification duty
§ 80	Display and attachment real
Section 4
Notice, delivery and time limits
§ 81	Notice
Section 82	Delivery
Section 83	Types of delivery
Section 84	Deadlines
Section 5
Decisions and complaints
§ 85	General
§ 86	Decisions
§ 87	Complaints
Section 88	Complaints procedure
§ 89	Proceedings before the Court of Appeal
6.
Enforcement of fines and custodial sentences
§ 90	Enforcement of fines and custodial sentences
2. TEIL
The investigative procedure
6. Main piece
General
Section 1
Purpose of the investigation
Section 91	Purpose of the investigation
§ 92	Law enforcement authorisation
Section 2
Enforced violence and predators, disciplinary penalties
Section 93	Forcibly violence and prey
Section 94	Penalties
Section 3
Logging
§ 95	Official note
§ 96	Log
Section 97	Sound and image recording
7. Main piece
the tasks and powers of the criminal police,
the public prosecutor's office and the court
Section 1
General
Section 98	General
Section 2
Criminal police in the investigation
§ 99	Investigations
§ 100	Reports
Section 3
Prosecutor's office in the investigation
§ 101	Tasks
Section 102	Arrangements and approvals
Section 103	Investigations
Section 4
Court of investigation
Section 104	Judicial evidence
Section 105	Authorisation of compulsory resources
§ § 106 and 107	Appeal for breach of law
Section 108	Request for setting
8. Main piece
Investigative measures and taking of evidence
Section 1
Seizure, seizure,
Information on bank accounts and banking transactions
Section 109	Definitions
§ § 110 to 114	Ensure
§ 115	Seizure
Section 116	Information on bank accounts and banking transactions
Section 2
Identification of identity, search of places and objects, search of persons, physical examination and molecular genetic examination
Section 117	Definitions
Section 118	Identity determination
§ § 119 to 122	Search of places and objects as well as persons
§ 123	Physical examination
Section 124	Molecular genetic investigation
Section 3
Experts and interpreters, corpses and autopsy
§ 125	Definitions
§ § 126 and 127	Experts and interpreters
§ 128	Leichenbeschau and Obduction
Section 4
Observation, covert investigation and apparent business
Section 129	Definitions
§ 130	Observation
Section 131	Hidden investigation
Section 132	Apparent Business
§ 133	Common provisions
Section 5
Seizure of letters, information on the data of a message transmission and monitoring of messages and persons
Section 134	Definitions
§ 135	Seizure of letters, information on the data of a message delivery and monitoring of news
§ § 136 to 140	Optical and acoustic monitoring of persons
6.
Automation-supported reconciliation
Section 141	Reconciliation
Section 142	Implementation
Section 143	Obligation to contribute
Section 7
Religious secrecy and professional secrecy
Section 144	Protection of religious secrecy and professional secrecy
8. Section
Special implementing measures, legal protection and compensation
§ 145	Special implementing provisions
§ § 146 and 147	Legal protection
§ 148	Compensation
Section 9
Eye view and Tatreconstruct
§ 149	Eye view and Tatreconstruct
Section 150	Implementation of the Tatreconstruct
Section 10
Inquiries and interrogations
Section 151	Definitions
Section 152	Explorations
Section 153	Interrogations
Section 154	Witness and truth
§ 155	Prohibition of questioning as a witness
Section 156	Exemption
§ § 157 and 158	Denial of evidence
Section 159	Information and invalidity
§ § 160 and 161	Performance of the hearing
Section 162	Anonymous statement
Section 163	Comparison
Section 164	Questioning of the accused
Section 165	Contradictoric testimonial of the accused or a witness
Section 166	Prohibition of evidence
9. Main piece
Detention, arrest and detention
Section 1
Fahndung
Section 167	Definitions
§ § 168 and 169	Fahndung
Section 2
Arrest
§ 170	Admissibility
Section 171	Arrangement
Section 172	Implementation
Section 3
Custody
Section 173	Admissibility
§ 174	Imposition of pre-trial detention
§ 175	Detention periods
Section 176	Detention
Section 177	Removal of pre-trial detention
Section 178	Maximum duration of pre-trial detention
§ 179	Provisional probation aid
§ § 180 and 181	Deposit
Section 4
Execution of pre-trial detention
§ 182	General
Section 183	Place of detention
Section 184	Runs
§ 185	Separate maintenance
Section 186	Clothing and commodities
§ 187	Work and work remuneration
Section 188	Transport with the outside world
§ 189	Responsibility for decisions
3. TEIL
Termination of the investigation
10. Main piece
Recruitment, demolition and continuation of the investigation
§ 190	Recruitment of the investigative procedure
Section 191	Adjustment due to minor
§ 192	Recruitment of several offences
Section 193	Continuation of the procedure
§ 194	Understandings
§ 195	Request for propagation
§ 196	Decision of the Higher Regional Court
§ 197	Refraction of the investigative procedure against absent and unknown perpetrators
11. Main piece
Resignation of Persecution (Diversion)
§ § 198 and 199	General
§ 200	Payment of an amount of money
§ § 201 and 202	Non-profit-making
§ 203	Trial Time
Section 204	Tatbalancing
§ 205	Subsequent continuation of criminal proceedings
§ 206	Rights and interests of the injured party
§ 207	Information of the accused
§ § 208 and 209	Common provisions
4. TEIL
Main and appeal procedures
12. Main piece
The indictup
Section 1
General
Section 210	The indictup
Section 2
The indictup
Section 211	Content of the indictress
§ § 212 and 213	Objection to the indictof the indictup
§ § 214 and 215	Proceedings before the Higher Regional Court
XVII. Main item
From the preparations to the main negotiation
§ § 220 to 227
XVIII. Main item
From the main hearing before the Court of First Instance and from the legal remedies against their judgments
I. Main negotiation and judgment
1. Public of the Main Negotiation
§ § 228 to 231
2. Officers of the Chairperson and of the Court of Justice during the main hearing
§ § 232 to 238
3. Start of the main negotiation
§ § 239 to 244
4. interrogation of the defendant
§ 245
5. Evidence
§ § 246 to 254
6. Lectures of the parties
§ § 255 and 256
Judgment of the Court of Justice
§ § 257 to 267
8. Annunciation and copy of the judgment
§ § 268 to 270
9. Log Guide
§ § 271 and 272
10. Vertagung of the main negotiation
§ § 273 bis 276a
11. incidents
§ § 277 to 279
II. Appeal against the verdict
1. Procedure in the event of invalidity complaints
§ § 284 to 293
2. Procedures for appointments
§ 294 to 296a
Part 5
Special procedures
XIX. Main item
From the grand jury
I. General provisions
§ § 297 to 301
II. Main hearing in front of the jury
1. General provisions
§ § 302 and 303
2. Start of the main negotiation
§ § 304 and 305
3. Evidence
§ § 306 to 309
4. Question to the jurors
§ § 310 to 317
5. Lectures of the parties; conclusion of the trial
§ § 318 and 319
6. Election of the Observer of the jury; legal instruction by the Chairman
§ § 320 to 323
7. Consultation and voting of the jury
§ § 324 to 331
8. Improve the truth of the jurors
§ § 332 and 333
9. Further procedures up to joint deliberation on the penalty
§ § 334 to 337
10. Joint Consultation on the Punishment
§ § 338 and 339
11. Annunciation of the Truth and the Judgment
§ § 340 and 341
12. Production of the judgment, log guidance
§ § 342 and 343
III. Appeals against verdicts of the jury
§ § 344 to 351
XX. Main item
From the resumption and renewal of the criminal proceedings and the reinstatation to the previous level
I. Resumption of proceedings
§ § 352 to 363
II. Renewal of criminal proceedings
§ § 363a to 363c
III. Reinstatation of the expiry of time limits
§ 364
XXI. Main item
From the findings and dispositions of the criminal court with regard to private law claims
§ § 365 to 379
XXII. Main item
From the cost of the criminal proceedings
§ § 380 to 395a
XXIII. Main item
From the enforcement of judgments
§ § 396 to 411
XXIV. Main item
From proceedings against unknown, absent and fugitive
I. Proceedings against unknown, absent and fugitives during the preliminary investigation
§ § 412 to 420
II. Disobedience against absenteent and fugitive
§ 427
XXV. Main item
From the procedure for preventive measures and in the event of decay
I. From the procedure for accommodation in an institution for intellectual abnormals in accordance with § 21 (1) of the StGB
§ § 429 to 434
II. From the procedure for accommodation in an institution for mental abnormals in accordance with § 21 para. 2 of the StGB, in an institution for right-breakers in need of reconciliation in accordance with § 22 of the German StGB (German StGB) or in a Anstalt für Hazerfallstäter pursuant to § 23 StGB (German StGB)
§ § 435 to 442
III. The procedure in the depletion of enrichment, decay and confiscation
§ § 443 to 446
XXVI. Main item
From the proceedings before the District Courts
I. indictof
§ § 448 and 449
II. Ordinary procedure before the District Courts
§ § 450 to 459
III. Appeal against judgments of the District Courts
§ § 463 to 481
XXVII. Main item
Proceedings before the Court of Justice of the Court of First Instance
§ § 483 to 491
XXVIII. Main item
The procedure for conditional punitive review, conditional review of preventive measures, issuing of instructions and order of probation assistance
I. Conditional review of a sentence, placement in an institution for right-breakers in need of reconciliation and a legal order
§ § 492 and 493
II. Issuing of instructions and arrangement of probation assistance
§ 494
III. Revocation of conditional Forbearers
§ § 494a to 496
IV. Final Forbearable
Section 497
V. Common provisions
§ 498
XXIX. Main item
From the exercise of criminal justice to soldiers in peace
§ § 499 to 506
XXX. Main item
By the Mercy Procedure
§ § 507 to 513
6. TEIL
Final provisions
§ 514	In-force pedals
§ 515	References
§ 516	Transitional provisions
§ 517	Enforcement "

2. The main pieces I to XVI. (§ § 1 to 219) shall be repealed. Their place shall be replaced by the following provisions:

" 1. Part

General principles and principles of the procedure

1. Main item

The criminal procedure and its principles

The criminal procedure

§ 1. (1) The Code of Criminal Procedure regulates the procedure for the investigation of criminal offences, the prosecution of suspicious persons and related decisions. Offence within the meaning of this Act is any act threatened by a federal or state law with a court sentence.

(2) The criminal proceedings shall begin as soon as criminal police or public prosecutors investigate the suspicion of an offence against a known or unknown person or have coercion against a suspected person. The criminal proceedings shall end by cessation or resignation from prosecution by the public prosecutor's office or by judicial decision.

Independence

§ 2. (1) In the course of their duties, criminal police and the public prosecutor's office shall be obliged to inform each of them of any suspicion of a criminal offence which is not merely to be prosecuted at the request of a person entitled to be entitled to the offence, in a Investigations are to be resolved by the Office of the Office.

(2) In the main proceedings, the Court of First Instance has to clarify the act on which the indictment was based and the guilt of the defendant.

Objectivity and Truth Research

§ 3. (1) Criminal Police, Public Prosecutor's Office and Court of First Instance have to investigate the truth and clarify all the facts that are relevant for the assessment of the act and the accused.

(2) All judges, prosecutors and criminal police bodies shall exercise their duties impartially and unbiased and shall avoid any semblance of partiality. They shall have the same care to determine the circumstances of the burden and the circumstances of the defendant's defence.

Charges

§ 4. (1) The prosecution shall be the responsibility of the Public Prosecutor's Office, unless the law determines otherwise. The Public Prosecutor's Office must ensure that the necessary investigations are carried out and requests are made for the investigations necessary to decide on the prosecution of the charges. Criminal proceedings may not be conducted against their will. The rights to private charges and to the subsidiary system (§ § 71 and 72) remain unaffected.

(2) The initiation and implementation of a main proceedings are subject to a legally effective indictment; in the cases provided for by the law, an authorisation is required (§ 92).

(3) The decision of the Court of First Instance shall not, however, exceed the charges. The Court of First Instance is not bound by a legal assessment.

Law and proportionality

§ 5. (1) Criminal Police, Public Prosecutor's Office and the Court of First Instance may only intervene in the exercise of powers and in the admission of evidence to the extent that they are in the rights of persons, as expressly provided for by law and required for the performance of the duties is. Any impairment of the right to the right must be proportionate to the weight of the offence, to the degree of suspicion and to the success of the offence.

(2) In the course of several targeted investigative actions and coercive measures, criminal police, prosecutors and tribunal have to take those which affect the rights of the persons concerned at the least. Powers granted by law shall be exercised in any state of the proceedings in such a way as to avoid unnecessary attention, to respect the dignity of the persons concerned and to safeguard their rights and interests worthy of protection.

(3) Any accused person or other person for questioning, continuing or completing a criminal offence, or to lure persons to a confession by secretly ordered persons, is inadmissible.

Legal hearing

§ 6. (1) The accused shall have the right to participate in the entire proceedings and the duty to be present during the main hearing. He is to be treated with respect for his personal dignity.

(2) Any person involved in the proceedings or who is subject to the exercise of coercive measures shall have the right to an adequate legal hearing and to information on the occasion and purpose of the act of proceedings relating to them, and of the essential elements of the person concerned. Rights in proceedings. The accused shall have the right to know all the grounds for suspicion against him and to have the full opportunity to remedy them and to justify it.

Right of defence

§ 7. (1) The accused shall have the right to defend himself and, in any position of the proceedings, to claim the assistance of a defender.

(2) The accused must not be compelled to charge himself. He is free to testify at any time, to testify or to refuse to testify. It must not be coerced or enlimed by means of coercion, threats, promises or previews.

Presumption of innocination

§ 8. Any person shall be deemed innocent until his final conviction.

Acceleration bid

§ 9. (1) Each accused shall be entitled to terminate the proceedings within a reasonable period. The procedure shall always be carried out expeditiously and without undue delay.

(2) Procedures in which a defendant is held in detention shall be carried out with special acceleration. Any arrested accused person shall be entitled to a possible falsification or revelation during the proceedings. All the authorities, bodies and persons involved in criminal proceedings shall be obliged to work for the shortest possible duration of detention.

Participation of victims

§ 10. (1) Victims of crime shall be subject to the conditions laid down in the 4. Main item entitled to participate in the criminal proceedings.

(2) Criminal Police, Public Prosecutor's Office and the Court of First Instance are obliged to take appropriate account of the rights and interests of the victims of criminal offences and to inform all victims of their essential rights in the proceedings and of the possibility of them; to receive compensation or assistance.

(3) All the authorities, bodies and persons involved in criminal proceedings must treat victims during the proceedings with respect for their personal dignity and to respect their interest in respect of their maximum personal life. This applies in particular to the transfer of photographs and to the communication of information on the person who can lead to an announcement of identity in a larger group of persons, without this being necessary for the purposes of criminal justice. In their decisions on the termination of proceedings, the Public Prosecutor's Office and the Court of First Instance shall always have to examine the reparation interests of the victims and to promote them to the greatest extent possible.

Sworn and Schöffen

§ 11. (1) In the cases provided for in this Act, jurors or spoons act on the main trial and judgment.

(2) Swords and spoons shall be informed of their duties and powers, as well as of the process of the proceedings.

Oral and public

§ 12. (1) Judicial negotiations in the main and appeal proceedings are conducted orally and publicly. The investigative procedure is not public.

(2) In the case of the judgment, the Court of First Instance only has to take account of what has happened in the main hearing.

Immediacy

§ 13. (1) The main negotiation is the focus of the procedure. In it, the evidence is to be recorded, on the basis of which the judgment is to be made.

(2) The investigative procedure shall include the evidence which is indispensable for the decision on the collection of the charges or whose inclusion in the main hearing is unlikely to be possible for actual or legal reasons .

(3) In so far as evidence can be directly recorded, it must not be replaced by a mediable one. The contents of files and other documents may only be used as proof in so far as it is reproduced in a manner permitted by this Law.

Free evidence

§ 14. Whether facts are proven to be proven, the Court of First Instance has to decide on the basis of the evidence of free conviction; in case of doubt, always in favour of the accused or otherwise in his rights.

Preliminary Questions

§ 15. Preliminary questions are to be assessed independently in the criminal proceedings. However, decisions taken by competent authorities can be awaited if they are to be reckless with them in the foreseeable future. However, criminal courts are bound to the legal effects of decisions taken by the civil courts and other authorities.

Prohibition of deterioration

§ 16. If an appeal or an appeal has been filed only for the benefit of the accused, the accused may not be rendered worse by the content of a judicial decision in the investigation procedure and in the criminal case. as if the decision had not been challenged.

Prohibition of repeated prosecution

§ 17. (1) After a criminal proceedings have been terminated legally, the new prosecution of the same suspect is inadmissible on the grounds of the same act.

(2) The provisions on the continuation, continuation, resumption and renewal of the criminal proceedings, as well as the annulment of the law, shall remain unaffected by this.

2. Main piece

Criminal police, prosecutor's office and court

Section 1

Criminal police

Criminal police

§ 18. (1) Crime police are responsible for carrying out tasks in the service of criminal justice (Art. 10 (1) Z 6 B-VG), in particular in the investigation and prosecution of criminal offences in accordance with the provisions of this Act.

(2) Criminal Police shall be the responsibility of the security authorities, their organisation and local jurisdiction, in accordance with the provisions of the Security Policy Act, on the organisation of the security administration. Duties and powers conferred on the security authorities in this Act shall also be assigned to the public security service bodies assigned to them, assigned or subordinated to them.

(3) To the extent that the term "criminal police" is used in this law, the security authorities and services as well as their institutions (para. 2) in the exercise of the criminal police.

Section 2

Public prosecutors and their responsibilities

General

§ 19. (1) Public prosecutors are involved in criminal proceedings:

1.		the public prosecutors at the headquarters of the regional courts,
2.		the Oberstaatsanwaltschaften at the seat of the Oberlandesgericht

(2) The public prosecutors shall carry out their duties as bodies of the administration of justice by public prosecutors.

(3) Unless otherwise specified in this Act, the organization and tasks of the Public Prosecutor's Office shall be governed by the provisions of the Public Prosecutor's Law (StAG), BGBl. No. 164/1986.

Prosecutors

§ 20. (1) The Public Prosecutor's Office shall initiate the investigation procedure, which alone shall be subject to the collection of the public prosecution. It decides whether to bring charges against a particular person, to withdraw from the prosecution or to discontinue the proceedings.

(2) The representation of the indictment before the District Courts may be transferred in accordance with the Public Prosecutor's Act to district attorates, who are under the supervision and management of prosecutors.

(3) The Public Prosecutor's Office shall also be responsible for the execution of requests for legal assistance from domestic and foreign judicial authorities, insofar as nothing else is determined in detail.

Prosecutor's Office

§ 21. (1) The Public Prosecutor's Office shall be involved in all criminal proceedings before the Higher Regional Court and shall participate in all negotiations before the Higher Regional Court.

(2) The Public Prosecutor's Office shall carry out the supervision of the Public Prosecutor's Office and shall be entitled to participate directly in any proceedings in its area of competence. In individual cases, it can take over the tasks and powers of a public prosecutor's office.

General Procuration

§ 22. The General Procurature has an impact on all criminal proceedings of the Supreme Court. In doing so, it does not act as an indictress; it represents the interests of the state in the administration of justice.

Invalidity complaint for the protection of the law

§ 23. (1) The General Procuratur may, on its own account or on behalf of the Federal Minister of Justice, against judgments of the criminal courts based on an infringement or incorrect application of the law, as well as against any unlawful decision or order. Proceedings of a criminal court for annulment of an appeal for the protection of the law, even in accordance with the legal force of the decision and then, if the authorized persons do not in the legal period from an appeal or an appeal Have made use of it.

(2) The Public Prosecutor's Office shall submit cases in which they deem a complaint to be required by the Office of the Public Prosecutor, which shall decide whether the cases should be passed on to the General Procurature. Incidentally, everyone is entitled to initiate the collection of an invalidity complaint in order to comply with the law.

Opinions of public prosecutors

§ 24. If a public prosecutor's office is in a case of appeal or an appeal, the Court of First Instance shall deliver the opinion to the opposing party for the opinion of the person concerned within a period to be determined in an appropriate manner. This service may be maintained if the public prosecutor's office only takes a position in favour of that party.

Local competence

§ 25. (1) The prosecution shall be responsible for the investigative procedure in which the offence has been or should be carried out in the course of which the offence is committed. If this place is located abroad or if it cannot be ascertained, the place where the success has occurred or should have occurred is the place of success.

(2) If and for as long as a jurisdiction under paragraph 1 cannot be established, the Public Prosecutor's Office shall carry out the investigative procedure in which the accused person has his residence or stay or was last in his or her residence, or if he has not had any such place, the public prosecutor's office, where the accused was entered into the rapprochment.

(3) The Public Prosecutor's Office, which first becomes aware of a criminal offence subject to domestic jurisdiction, has to conduct the investigation procedure until the jurisdiction of another Public Prosecutor's Office pursuant to para. 1 or 2 can be detected. After that, it has to step down the investigation procedure and inform the court, the criminal police, the victim and the accused.

(4) In the absence of jurisdiction under paragraphs 1 to 3, the General Procuration shall determine which prosecutor's office shall have to conduct the investigation.

(5) The jurisdiction of the Public Prosecutor's Office for the main proceedings shall be determined by that of the Court of First Instance (§ 36).

(6) A locally uncompetent public prosecutor's office shall forward to the competent authority a request for information to be submitted, reports and requests for legal assistance.

Link

§ 26. (1) The investigative procedure shall be carried out jointly by the same Public Prosecutor's Office if a accused person is suspected of committing several criminal acts or if several persons are involved in the same criminal offence (§ 12 StGB). The same applies if several persons are suspected of committing criminal acts, which otherwise are closely related to the matter.

(2) In the determination of the jurisdiction referred to in paragraph 1, special provisions of other laws must be observed. In addition, the public prosecutor's office, which is responsible for an immediate offender, pulls the proceedings against participants (§ 12 StGB) per se, otherwise the occurrence of the case is decided.

Separation of procedures

§ 27. The Public Prosecutor's Office may, at the request of the accused or on its own, order that the investigation be carried out on the grounds of individual offences or against individual accused persons, in order to avoid delays or the detention of an individual. Accused of shortening.

Determination of competence

§ 28. The Public Prosecutor's Office may, on its own account or on request for reasons of public security or on other important grounds, remove a criminal case from the competent public prosecutor's office and within the absence of another one of the Prosecutor's office. Such an important reason shall also be the case where the proceedings of the first instance are brought against an institution of the same public prosecutor's office or against a judge of a court in whose jurisdiction the public prosecutor's office is established, or against an institution of the a security authority or a security service in the local area of responsibility of the public prosecutor's office. If the public prosecutor's offices are subject to different Oberstaatsanwaltschaften, then this power of the General Procuration comes to an end. The same shall apply in the event of a conflict of jurisdiction. Section 39 (2) shall apply mutatily.

Section 3

Courts

General

§ 29. (1) The courts operate in criminal proceedings:

1.		District courts in the main proceedings,
2.		National courts in the investigative procedure, in the main proceedings and in the appeal proceedings,
3.		Oberlandesgericht and the Supreme Court in the appeal procedure as well as on the basis of special provisions.

(2) As far as the jurisdiction of the courts is based on the amount of the threatened custodial sentence, the limitation of the penalty measurement by Section 287 (1) last sentence of the German Criminal Code (StGB) and the possibility of exceeding the maximum amount of the sentence are: § § 39 or 313 of the StGB in the determination of the factual competence to be taken into account.

District Court

§ 30. (1) The District Court is responsible for the main proceedings for offences punishable only by a fine or a fine and a custodial sentence not surfacing one year, or only with such a custodial sentence, with the exception of:

1.		(§ 105 StGB),
2.		of the persecration of the dangerous threat (§ 107 StGB),
3.		the failure of the grossly negligent impairment of creditor interests (§ 159 StGB),
4.		the failure of the negligent impairment of the environment (§ 181 StGB),
5.		the failure of the negligent environmentally hazardous treatment of waste (§ 181c StGB),
6.		the infringement of the pornographic representation of minors (Section 207a (3) of the StGB) and
7.		the demise for which the regional court is responsible for special provisions.

(2) The District Court shall decide by a single judge.

National Court

§ 31. (1) The individual judge of the regional court shall be responsible for the investigation

1.		the inclusion of evidence in accordance with § 104,
2.		the procedure for deciding on applications for the imposition and continuation of pre-trial detention and applications for the authorization of other compulsory means (§ 105),
3.		the decision on objections to the alleged infringement of a subjective right by the public prosecutor's office or the criminal police (§ § 106 and 107),
4.		the decision on requests for termination of the investigation procedure (§ 108).

(2) The main proceedings are the responsibility of the Regional Court as a jury.

1.		criminal offences punishable by life or imprisonment, the lower limit of which is at least five years and the upper limit of which is more than ten years,
2.		of the crime of the transfer to a foreign power (§ 103 StGB),
3.		the crimes of treason (§ 242 StGB) and the preparation of high treason (§ 244 StGB),
4.		the crime or the crime of hostile connections (§ 246 StGB),
5.		the failure of the accusation of the state and its symbols (§ 248 StGB),
6.		the crime of attack on supreme state bodies (§ § 249 to 251 of the StGB),
7.		the crimes and offences of the treason (§ § 252 to 258 StGB),
8.		the use of armed links (§ 279 StGB),
9.		(§ 280 of the StGB),
10.		the crimes and offences of the disruption of relations with foreign countries (§ § 316 to 320 StGB),
11.		(§ 282 of the StGB Act) and the act of omission of the prevention of an act threatened with punishment (§ 286 of the StGB), if the deed is punishable by punishment (§ 286 StGB). relationship has been committed to one of the criminal acts listed under Z 2 to 10, and
12.		criminal acts for which it is responsible for specific provisions.

(3) The national court as a public court is responsible for the main proceedings, in so far as it does not have jurisdiction as a jury.

1.		criminal offences punishable by a prison sentence of five years,
2.		the crimes of the killing on demand (§ 77 StGB), participation in suicide (§ 78 StGB) and the killing of a child at birth (§ 79 StGB),
3.		the crime of robbery theft (§ 131 StGB), the use of force by a poacher (§ 140 StGB) and the minor robbery (Section 142 (2) of the StGB),
4.		the crimes of sexual assault (§ 202 of the German Civil Code), the sexual abuse of a defenceless person (§ 205 StGB) and the sexual abuse of indisputable persons (§ 207 StGB),
5.		the offence of land peace and the crime or forging of land compulsion (§ § 274 and 275 StGB),
6.		of the crime of abuse of authority (§ 302 StGB) and
7.		of the crime under Section 28 (2) and (3) of the Suchtmittelgesetz,
8.		criminal acts for which it is responsible for specific provisions.

(4) The main proceedings shall be the responsibility of the individual judge of the Regional Court, unless the Regional Court is competent as a jury or a Schöffengericht.

1.		offences that are punishable by a prison sentence surging one year,
2.		referred to in Article 30 (1) (1) (1) to (5);
3.		Offences for which the individual judge of the Regional Court is responsible for special provisions.

(5) The State Court as Senate of three Judges

1.		the decision on appeals and remedies against judgements and decisions of the District Court; and
2.		the decisions pursuant to § 32 (3), second sentence.

County court as jury and jury

§ 32. (1) The Landesgericht (Regional Court), as a jury, is composed of the Court of Appeal and the jury of the jury. The jury is made up of three judges, and the jury is staffed with eight jurors. The Regional Court as a Schöffengericht consists of two judges and two Schöffen.

(2) If the accused is accused of committing a criminal act in accordance with § § 201 to 207 of the German Criminal Code (StGB), the jury must have at least two jurors, the court judge at least one judge or spoon of the accused person's sex as well as to the jury of at least two jurors, the jury of at least one judge or spoon of the sex of that person who may have been injured by the offence in their sex sphere.

(3) Outside of the main negotiation, the Chairman shall decide on his own. In contrast, decisions pursuant to § 260 (3), (3), (352), (357) and (410) (1) and 495 (§ 495) shall be replaced by a senate of three judges instead of the jury of the Schwurgerichtshof (Schwurgerichtshof) and instead of the Schöffengericht (Schöffengericht).

(4) The jurors shall be in the law of the law (XIX. In the main proceedings, the spoons shall exercise the full extent of the Office of the Judith Office. Unless otherwise specified otherwise, the rules applicable to judges shall also apply to jurors and spoons. The conditions and the procedure for the appointment of jurors and spoons are in the jury and Schöffengesetz 1990, BGBl. No 256.

Oberlandesgericht

§ 33. (1) The Oberlandesgericht shall be responsible for the decision

1.		on legal remedies and remedies against decisions of the Regional Court as a single judge (Section 31 (1) and (4)),
2.		on vocations against judgments of the Regional Court as jury or jury,
3.		requests for the continuation of the procedure (§ 195),
4.		on the appeal against the indictof the indictup (§ 212),
5.		on conflicts of jurisdiction and delegation (§ § 38 and 39) and
6.		in cases where it is responsible for specific provisions.

(2) The Higher Regional Court shall decide by a Senate of three Judges.

Supreme Court

§ 34. (1) The decision shall be taken by the Supreme Court

1.		On invalidity complaints and in accordance with § § 296, 344, 427 (3), last sentence, related vocations and appeals against verdicts of the regional court as jury or public court,
2.		on invalidity complaints in respect of the law (§ § 23, 292), extraordinary resurrection (§ 362) and requests for renewal of the proceedings (§ 363a),
3.		on complaints pursuant to Section 285b (2) and on complaints about the violation of the fundamental right to personal freedom under the Basic Law Complaints Law, BGBl. No 864/1992,
4.		on references (§ 334 para. 2),
5.		on conflicts of jurisdiction and delegation (§ § 38 and 39) and
6.		in cases where it is responsible for specific provisions.

(2) Furthermore, the provisions of the Federal Law on the Supreme Court, BGBl. No 328/1968, unaffected.

Form of judicial decisions

§ 35. (1) By judgment the courts in the main and appeal proceedings decide on guilt, punishment and private-law claims, on a procedural obstacle or a lack of process requirement, on the arrangement of deprivation of deprivation measures, on Self-employed applications in accordance with § 441, on the investment law arrangements referred to in § 445 and on their lack of competence in accordance with § § 261 and 488 Z 6. To the extent that nothing else is determined in detail, judgements after public oral proceedings must be announced and finished.

(2) In addition, the courts decide by decision (§ 86), insofar as they do not merely issue a decree aimed at the progress of the proceedings or the announcement of a court decision.

Local competence

§ 36. (1) In the course of the investigation proceedings, judicial decisions and evidence of evidence are the responsibility of the regional court on whose seat the public prosecutor's office is located, which carries out the proceedings.

(2) In the case of the assignment of a procedure, open applications, objections and complaints have the court competent before the assignment to decide on a request for continuation (§ 195) the Oberlandesgericht (Oberlandesgericht), in whose sprengel the Prosecutor's office, which has closed the proceedings.

(3) The main proceedings shall be the court in which the offence has been or should be carried out in the course of which the offence is committed. If this place is located abroad or if it cannot be ascertained, the place where the success has occurred or should have occurred is not such a place where the accused person has his residence or stay or, most recently, in the absence of such a place where he was entered. If it is not possible to determine a local jurisdiction, the court of jurisdiction where the prosecutor's office is located shall be responsible for bringing the charges. Special responsibilities shall remain unaffected.

(4) A court shall remain competent for the main proceedings even if it fails to act against a defendant or for a criminal offence, unless a court with special jurisdiction a procedure for a general criminal offence or a regional court shall be subject to a criminal case for which the District Court is competent to negotiate and take a decision.

(5) If, at the time when the prosecution is filed, a defendant is in pre-trial detention and the trial and decision of the criminal case is pending before the District Court, the District Court shall be responsible for the location of the District Court, the seat of which shall be the Prosecutor's office, which was responsible for the investigative procedure in accordance with § § 25 to 28. If the defendant is released after that date, this does not change the responsibility.

Responsibility of the relationship

§ 37. (1) In the case of simultaneous prosecution of several persons involved (§ 12 StGB) or one person for several offences, the main proceedings shall be jointly run by the same court. The same applies if several persons are suspected of committing criminal acts, which otherwise are closely related to the matter.

(2) In the case of courts of different order, the higher, in the courts of the same order, the person with special jurisdiction for all proceedings, the court having jurisdiction for an immediate offender, the court proceedings against participants (§ 12 StGB). Moreover, in the case of a number of offences, the proceedings shall be the subject of the jurisdiction of the Court of First Instance in which the former offence falls However, if a public prosecutor's office was responsible for the investigation proceedings in a court in which only one of the accused criminal acts was to have been committed, that court is competent.

(3) Where a main proceedings against the accused are pending at the time when the prosecution becomes legally effective, the proceedings shall be linked; the jurisdiction of the court shall also be determined in this case in accordance with the preceding paragraphs.

Competence Conflict

§ 38. A court which has no jurisdiction shall have any applications, objections and complaints submitted to it to the competent authority; Section 213 (6) shall remain unaffected. In the event of a risk of default, any court shall, within its factual jurisdiction, make inexorable decisions before the transfer and carry out unstoppable evidence. If the court, which is referred to, doubts its jurisdiction, it shall have the decision of the joint-parent court to take effect.

Delegation

§ 39. (1) In the main proceedings and appeal proceedings, the Oberlandesgericht (Oberlandesgericht) may, on its own account or on request for reasons of public security or other important reasons, remove a criminal case from the competent court and within its sprengeling delegate to another court of the same order. Such an important reason shall also be the case where the proceedings of the first instance against a judge of the same or a subordinated court or against a prosecutor of a public prosecutor's office or against a body of the security authority, or The competent court shall be responsible for the safety service in which the competent court is situated in the sphere of the sprengel or the local area of responsibility. The Supreme Court decides on delegation to another Higher Regional Court or to a court in the Sprengel of another Higher Regional Court.

(2) A request for delegation shall be submitted to the Public Prosecutor's Office and to the accused; the court may encourage them. The application shall be submitted to the court which is responsible for the proceedings and shall contain a statement of reasons.

Chairmanship and vote in the senates

§ 40. (1) In the jury, in the Schöffengericht (Schöffengericht) and in all other senates, a judge presiding over the proceedings. The Chair shall conduct negotiations and meetings, as well as deliberations and votes. The number of members of the Senate may not be greater or smaller than it is set in § § 31 to 34.

(2) Any vote shall be subject to consultation. If the law provides for a rapporteur, it will be the first. The chairman is voting last. The other judges shall, after the period of service, vote in the court which makes the decision, at the same time of service, in accordance with the period of service applicable to the advance in higher remuneration, namely the elderly before the younger one. The jury and the jury will give their votes in alphabetical order before the judges.

(3) A abstention is not permitted except in the case of § 42 (3).

§ 41. (1) Where nothing else is determined in detail, the court shall decide by a majority of the votes. In the event of a tie, the opinion that is more favourable to the accused shall apply.

(2) In the absence of a majority, because more than two opinions are represented, the Chairman shall seek to achieve a majority by dividing the questions and re-poll. If they fail to do so, the more favourable votes for the accused are to be counted as long as the majority of the votes are to be obtained.

(3) In the event of differing views on which of two opinions are more favourable to the accused, then the vote shall be taken first. If there is no majority, the Chairman's vote shall indicate the rash.

§ 42. (1) The jurisdiction of the Court of First Instance, a complement to the procedure and other preliminary questions shall be put to the vote before the main proceedings.

(2) In the main proceedings, the question of guilt and its legal assessment must first be decided. If a number of offences are charged to the accused, the vote must be taken individually for each act.

(3) Any person who does not owe the accused person in one case shall be able to abstain from the deliberations on the penalty. This is the most favourable opinion for the accused person.

Section 4

Exclusiveness and partiality

Exclusion of judges

§ 43. (1) A judge shall be excluded from the whole procedure if:

1.		he himself or one of his relatives (§ 72 StGB) in the proceedings is a prosecutor, private prosecutor, private participant, accused person, defender or representative, or may have been or may have been harmed by the offence, with the result of the marriage Property of a person as a family shall remain upright even if the marriage no longer exists,
2.		he has been the witness of the act in question, or has been heard or heard as a witness or expert on the matter outside his/her duties, or
3.		there are other reasons that are likely to cast doubt on its full impartiality and impartiality.

(2) A judge shall also be excluded from the main proceedings if he has either acted in the investigative procedure or participated in a judgment which has been annulled as a result of a legal remedy or appeal.

(3) In addition, a judge of a court of appeal shall be excluded if he or any of his relatives in the proceedings as a judge of the first instance, a judge of the first instance, if he or his member is a judge of a the parent court has been active.

(4) A judge shall also be excluded from the decision on a request for a retrial or a request for renewal of the criminal proceedings (§ 363a) and from the participation and decision in the renewed procedure if he already has has been acting as a judge.

Display of exclusivity and request for rejection

§ 44. (1) In the event of a ground of exclusion, a judge has to abstain from proceedings in the case of any other invalidity of all acts. He shall, however, carry out inexorable acts, unless he or she would have to intervene against a family member, in which case he shall immediately withdraw the proceedings.

(2) A judge who becomes aware of a reason for exclusion has the same as the head of the court to which he belongs, the head of a district court and the president of a regional court or court of supremation of the president of the court of justice. of the respective parent court, the President of the Supreme Court to indicate to the Vice-President of the Supreme Court (Section 3 (5) of the Federal Law of 19 June 1968 on the Supreme Court).

(3) All parties to the proceedings shall be subject to the request for rejection of a judge on the grounds of exclusion. It shall be submitted to the judge to whom the exclusion referred to in paragraph 2 would be indicated.

Decision on exclusion

§ 45. (1) The judge shall decide on the exclusion, to which it is to be reported in accordance with Section 44 (2). The Court of Justice has the right to decide on a request for rejection of a Judge during a trial in the main or appeal proceedings. The same shall apply if the application has been made immediately before the hearing and a timely decision by the head or president is not possible without undue delay of the trial. A decision in the trial may be deferred until the end of the closing lectures.

(2) The application shall be rejected as inadmissible if it has been submitted by a person who does not admit it. It is also important to decide on the matter. Where exclusion is recognized, the judge or tribunal shall be designated to whom the case shall be transferred; the judge excluded shall abstain from that date in the event of any other invalidity of the performance of his duties.

(3) An independent legal remedy shall not be subject to a decision pursuant to paragraph 2.

Exclusive of jurors, spoons and log guides

§ 46. For the exclusion and rejection of jurors and spoons, the provisions on judges shall apply mutatis mutuically with the proviso that the rejection of the chairman of the jury or of the jury shall be decided upon. The exclusion grounds of § 43 (1) shall apply to the protocol guides; the judge or the chairman of the respective senate shall decide on their rejection.

Prisoner of Criminal Police and Public Prosecutor's Office

§ 47. (1) Each institution of the criminal police and the public prosecutor's office shall abstain from the performance of its duties and shall arrange for its representation to:

1.		in proceedings in which it or one of its members (§ 72 of the StGB) is, or has been, involved in the proceedings as a defendant, as a private prosecutor, or as a private participant, or as a representative thereof, or may have been harmed by the offence, where the property of a person established by marriage is maintained as a family even if the marriage no longer exists,
2.		in proceedings in which, as a criminal police body, it has previously been a judge or a public prosecutor, as a prosecutor, has previously been a judge or organ of the criminal police,
3.		if there are other reasons that are likely to cast doubt on its full impartiality and impartiality.

(2) In the case of danger in default, if the representation by another institution cannot be effected immediately, the captured institution shall also carry out inexorable acts as far as it is not against itself or against a family member. .

(3) In the event of a bias of the head of that authority, the head of the authority of the authority to which the institution belongs shall arrange for the necessary action to be taken by the head of the authority of the authority responsible for the institution of the authority.

3. Main piece

Accused and defender

Section 1

General

Definitions

§ 48. (1) For the purposes of this Act,

1.		"accused person" means any person who, on the basis of certain facts, is concretely suspected of having committed a criminal offence as soon as he or she is determined or coerced against it on suspicion of such suspicion,
2.		"Accused" of any accused person, who has been brought against the prosecution,
3.		"person concerned" means any person who is directly affected by the arrangement or execution of coercion in their rights;
4.		"Defender" means a person entitled to exercise the legal profession, an otherwise legally authorised representative in the criminal proceedings, or a person who has acquired the teaching authority for criminal law and criminal procedural law at a national university, as soon as has authorized the accused as legal councor and a person who has been appointed to the accused under the provisions of this Act as legal councor.

(2) Insofar as the provisions of this Act refer to the accused and in detail nothing else is determined, they shall also apply to defendants and to persons against which a procedure for accommodation in an institution for mental health abnormal right-breaker pursuant to section 21 (1) of the German Civil Code (StGB).

Section 2

The Accused

Rights of the accused

§ 49. The accused, in particular, has the right to:

1.		to be informed of the subject-matter of the suspicion that exists against him, as well as of his essential rights in the proceedings (§ 50),
2.		to elect a defender (§ 58) and to obtain a procedural aid defender (§ § 61 and 62),
3.		access to the file (§ § 51 to 53),
4.		express or do not testify to the accusation or contact a defender pursuant to sections 58, 59 (1) and 164 (1) and discuss it with him,
5.		In accordance with Section 164 (2), to assist a defender of his interrogation,
6.		apply for the admission of evidence (§ 55),
7.		Appeal for the violation of a subjective right (§ 106),
8.		(§ 87) to lodge a complaint against the judicial authorization of coercive means (§ 87),
9.		to apply for the termination of the investigation (§ 108),
10.		participate in the main negotiation, in a contradictoric testimonial of witnesses and co-accused (§ 165 paragraph 2), at a record-taking (§ 127 para. 2) and on a Tatreconstruct (§ 150),
11.		the right of appeal and redress,
12.		To receive translation assistance (§ 56).

Legal instruction

§ 50. Any accused person is by the Criminal Investigation Department or the Public Prosecutor's Office as soon as possible about the investigation procedure conducted against him and the suspicion that exists against him, as well as about his essential rights in the proceedings (§ § 49, 164 (1)). 1). This may only be so long as there are special circumstances that it may be feared that the purpose of the investigation would otherwise be jeopardised, in particular because investigations or taking of evidence are to be carried out, the success of which presupposedthe fact that the Blamed no knowledge of the investigation carried out against him.

File View

§ 51. (1) The accused shall be entitled to inspect the results of the investigation and the main proceedings before the Criminal Investigation Office, the Public Prosecutor's Office and the General Court. The right of access to the file also entitles the person to inspect evidentials, as far as this is possible without prejudice to the investigation.

(2) Insofar as the danger listed in § 162 exists, it is permissible to include personal data and other circumstances that allow conclusions to be drawn about the identity or the highest personal circumstances of the person at risk from the inspection of the file. , and to make copies in which these circumstances have been rendered unrecognizable. In addition, access to the file may only be limited before the end of the investigation procedure and only in so far as special circumstances may lead to the fear that the purpose of the investigation shall be given by an immediate knowledge of certain pieces of files. would be endangered. However, if the accused is in detention, a restriction on the inspection of files relating to such files, which may be of importance for the assessment of the suspicion or the grounds of imprisonment, shall be limited, from the time of the imposition of the detention order. inadmissible.

(3) Simple information can also be given orally. For this purpose, the provisions relating to access to documents shall apply mutatily.

§ 52. (1) In so far as the accused is entitled to access files, copies (clearings or other reproductions of the contents of the file) are to be followed or produced upon request and for a fee; however, this right does not relate to sound or Image recordings.

(2) In the following cases, the accused has to pay no fees pursuant to paragraph 1:

1.		if and as long as he has been granted procedural assistance,
2.		if he is in detention, until the first trial or for the main trial which takes place in the former, with regard to all files which may be relevant for the assessment of the suspicion or the causes of the detention,
3.		for findings and expert opinions of experts, authorities, departments and institutions.

(3) Copies of the Office shall be sent immediately to the defender of the proceedings. The same applies to the cases of paragraph 2 (2) (2) and (3). The defender of the defendant in detention may request that copies of the documents referred to in paragraph 2 (2) (2) and (3) be forwarded to him on his own account, even if he is not.

File View Procedure

§ 53. (1) An inspection of the respective act can be sought in the investigation procedure with the Public Prosecutor's Office and up to the reimbursement of the final report (§ 100 para. 2 Z 4) also with the Criminal Investigation Department, in the main proceedings in court.

(2) In so far as access to the file is available, it shall in principle be made possible during the official hours in the respective offices. In the context of technical possibilities, it can also be provided via screen or by way of electronic data transmission.

Prohibition of publication

§ 54. The accused and his defender shall be entitled to information which they have obtained in the proceedings in non-public proceedings or in the course of a non-public taking of evidence or through file inspection, in the interests of defence and of other predominant interests. However, they are prohibited from providing such information, insofar as they contain personal data of other parties to the proceedings or third parties and have not occurred in public proceedings or have otherwise been publicly known, in a publish a media work or otherwise in such a way that the communication becomes accessible to the general public, if this is the protection of legitimate interests (§ § 1 (1), (8) and (9) of the DSG 2000) of other parties involved in the proceedings or third parties, that would outweigh the public information interest.

Requests for evidence

§ 55. (1) The accused is entitled to apply for the admission of evidence. The request shall be subject to the subject of evidence, evidence and the information necessary for the taking of evidence. To the extent that this is not obvious, reasons must be given, which means that the evidence could be appropriate to clarify the issue of evidence.

(2) Inadmissible, invaluable and impossible evidence shall not be included. Incidentally, the taking of evidence at the request of the accused shall not be allowed to:

1.		the issue of evidence is obvious or is not relevant to the assessment of the suspicion,
2.		the evidence requested is not appropriate to prove a significant fact, or
3.		the subject of evidence can be considered to be proven.

(3) The investigation procedure may reserve the right to record a proof of the main hearing. This shall be inadmissible if the result of the taking of evidence may be appropriate to remove the suspicion directly, or if there is a risk of the loss of proof of a significant fact.

(4) The Criminal Investigation Department has to include in the investigation proceedings the requested proof or to submit the application with an admission report (§ 100 para. 2 Z 2) of the Public Prosecutor's Office. The public prosecutor's office, for its part, has to arrange for the taking of evidence or to agree to the accused, for what reasons it is not.

Translation Assistance

§ 56. (1) A defendant, who cannot agree sufficiently in the language of the proceedings, shall have the right to translation assistance. To the extent that this is necessary in the interests of the administration of justice, in particular in order to safeguard the rights of defence of the accused, translation assistance shall be provided by the assistance of an interpreter. This applies in particular to the legal instruction (§ 50), to the taking of evidence in which the accused takes part, and to negotiations. Upon request, the accused shall also provide translation assistance for the contact with a defender attached to him or on the occasion of the announcement of an application or order of the Public Prosecutor's Office or of a court order. For access to the file, the accused shall only be provided with translation assistance if he has no defence counsel and cannot be appreted to him for special reasons, even to ensure the translation of the relevant parts of the files which he/she copies in copy have been followed.

(2) If the accused person is deaf or silent, an interpreter shall be included in the sign language, provided that the accused person is able to communicate in the person who is responsible for the sign language. Otherwise, an attempt shall be made to reverse with the accused in writing or in any other appropriate manner in which the accused person can make himself understood.

Section 3

The defender

Rights of the Defender

§ 57. (1) The defender shall be assisted by the accused in an advisory and supportive manner. He is entitled and obliged to use any means of defence and to bring forward all that serves the defence of the accused, in so far as this does not contradict the law, his mandate and his conscience.

2. The Defender shall exercise the procedural rights granted to the accused, unless otherwise provided in this Act. The accused may, however, always make statements themselves; in the case of contradicting statements, his or her case is valid. However, a waiver of the appeal against the judgment which the accused does not give in the presence of his defender and after consultation with him, is, however, without effect.

Empowerment of the defender

§ 58. (1) The accused shall have the right to contact a defender, to authorize him and to discuss him with him.

(2) The power of the defendant shall be proven in writing or, if the accused is present, by the oral explanation of the defendant. In the absence of the defendant, the defender may also rely on a power of attorney granted to him. The defense attorney does not require any special authority to make individual processinations.

(3) The accused may at any time transfer the defence from the chosen defender to another person, but the procedure shall not be unduly delayed by this change. If the defendant authorizes several defenders, the right of question and the right shall not be extended by this. In this case, deliveries to him shall be deemed to have been effected as soon as only one of the defenders has been delivered.

(4) For a minor and a person who has been appointed a non-specialist, the legal representative himself may authorize a defender against their will.

§ 59. (1) The accused person is to be allowed to contact a defender and to authorize him. This contact may be monitored before the accused has been delivered to the judicial institution and limited to the extent necessary for the granting of full power and a general legal information, to the extent that this appears necessary in order to ensure that: To prevent any impairment of the investigation or evidence.

(2) The accused person may communicate with his defender without being subject to supervision. If, however, the accused is also held responsible for the risk of administration or blackout, and due to special, serious circumstances, it is to be feared that the contact with the defender will lead to an impairment of evidence. , the Public Prosecutor's Office may, before the defendant was delivered to the judicial institution, also order the criminal police, the monitoring of the contact with the defender. In any case, the surveillance may only be carried out with the knowledge of the accused and the defendant, and at the latest for a period of two months from the date of arrest; in any event, after the charges against the accused have been brought into effect, it must be terminated.

Exclusion of the defender

§ 60. (1) It shall be excluded from the defence against whom proceedings are pending for participation in the same offence or for the purpose of favouring such a crime, or who are abusing the traffic with the accused person, To commit criminal offences or to significantly jeopardise the security and order of a law enforcement institution, in particular by the fact that he or she is in a lawless manner to transfer or receive objects or messages.

(2) The exclusion from the defence shall be given by the court with a decision; previously, it shall give the defence attorney the opportunity to express his views. The criminal investigation procedure shall also be used in the investigation procedure. In addition, § 236a is to be applied; in the cases of the necessary defence, it is necessary to act in accordance with Section 61 (3).

(3) The exclusion shall be waived as soon as its conditions have been omitted.

Forgiveness of a defender

§ 61. (1) In the following cases, the defendant must be represented by a defender (necessary defense):

1.		throughout the proceedings, if and as long as he is held in custody or in criminal custody in accordance with Section 173 (4),
2.		in the entire procedure for placement in an institution for intellectual abnormals in accordance with § 21 StGB (§ § 429 (2), 430 (3), 436, 439 (1)),
3.		in the main trial for accommodation in one of the institutions referred to in § § 22 and 23 of the StGB (§ § 439 (1)),
4.		in the main hearing before the regional court, as a jury, or a public court,
5.		in the main hearing before the regional court as a single judge, if the offence is threatened with a three-year sentence of imprisonment for the offence, except in the cases of § § 129 Z 1 to 3 and 164 (4) of the Criminal Code (StGB),
6.		in the appeal proceedings on the basis of an application for an invalidity complaint or an appeal against a judgment of the Schöffen or the jury of the jury,
7.		in the execution of an application for renewal of the criminal proceedings and on the court day for the public hearing of such a case (§ § 363a (2) and (363c)).

(2) If the accused is unable to bear the entire costs of the defence without prejudice to the maintenance of the entire costs of the defence, without prejudice to the maintenance of his or her family, for the maintenance of which he is responsible, the Court of First Instance shall: to decide, at the request of the accused, to give it a defence attorney whose costs he has to bear, or only partially (section 393 (1a)), if and to the extent that this is in the interests of the administration of justice, in particular in the interests of: Appropriate defence, is required (procedural aid defender). In any case, the forgiveness of a defender is necessary in this sense:

1.		in the cases referred to in paragraph 1,
2.		if the accused is blind, deaf, mute, otherwise obstructed, or the court language is not sufficiently knowledgeable and therefore unable to defend himself,
3.		for the appeal proceedings on the basis of a notification of an appeal;
4.		in the case of a difficult legal or legal situation.

(3) In the cases referred to in paragraph 1, the accused and his legal representative shall be called upon to authorize a defence counsel or to request the forgiveness of a procedural aid defender as referred to in paragraph 2. If neither the accused, nor his legal representative, has a defence attorney, the court shall, on its own account, give him a defence attorney whose cost he is to bear (defender), unless the conditions of the defender have been fulfilled. paragraph 2, first sentence.

(4) The forgiveness of a procedural aid defender shall apply if the court does not classify in detail otherwise, for the whole of the further proceedings pending the final conclusion of the proceedings as well as for an all-case procedure on the basis of a procedure for the protection of the person concerned. the law of invalidity or of an application for renewal of the criminal proceedings.

Order of a Defender

§ 62. (1) Where the Court of First Instance has decided to give a defence, it shall notify the Committee of the Chamber of Lawyers in charge of its seat in order to place an attorney on the defence of the defender. In doing so, the committee has, in agreement with the well-known lawyer, in accordance with the wishes of the accused to choose the person of this defender, if possible.

(2) In cases of urgency, the head of the court may also order persons who are competent in the case of courts and are qualified for the office of judges, with their consent to defence.

(3) A number of accused persons may be given a joint defence counsel and appointed, unless there is a conflict of interest, or if one of the accused or the defender requires separate representation.

(4) In any event, a defender's appointment and appointment shall be extinguisher with the intervention of an authorized defender (Section 58 (2)).

Freewheel Run

§ 63. (1) If a defendant is given to the accused within the time limit open for the execution of a legal means or for any other processing act, or if the accused person has provided the defendant before the expiry of this period, the defendant shall If a procedural aid defender is requested, the time-limit shall begin to run from the date on which the defender of the communication of his order and the file piece which otherwise runs the time limit or the defendant of the Application for a decision to be rejected.

(2) If a time limit has been triggered by a service to the defender, the course of the service shall not be interrupted or suspended by the fact that the power of attorney of the defender is completed or terminated. In such a case, the defender shall continue to safeguard the interests of the accused person and, if necessary, carry out any necessary process actions within the time limit, unless the accused expressly prohibits him from doing so.

Section 4

Liability Participants

Liability Participants

§ 64. (1) Liability participants are persons liable for fines, fines or for the costs of the proceedings, or who, without being charged with themselves, are threatened by the depletion of enrichment, decay or confiscation of a cause. You have the rights of the accused in the main hearing and in the appeal proceedings, insofar as these are the decision on these property rights arrangements.

(2) Liability parties can lead their own business or be represented (§ 73).

4. Main piece

Victims and their rights

Section 1

General

Definitions

§ 65. For the purposes of this law,

1.		"Victims"
a.			any person who may have been subjected to a deliberate act of violence or a dangerous threat or which may have been compromised in respect of his sexual integrity;
b.			the spouse, the partner of life, the relatives in the straight line, the brother or sister of a person whose death may have been brought about by a criminal offence, or other members who were witnesses to the act,
c.			any other person who has suffered damage or may have been adversely affected by a criminal offence in his or her criminal law,
2.		"private participant" means any victim who declares that he or she is involved in the proceedings in order to seek compensation for the damage suffered or the impairment suffered,
3.		"private prosecutor" means any person who brings to court an indictment or another request for the initiation of the main proceedings for a criminal offence not to be carried out by the Office of the Office (§ 71);
4.		"Subsidiary cricket" means any private person who upholds a charge withdrawn by the Public Prosecutor's Office.

Section 2

Victims and private persons

Victims ' Rights

§ 66. (1) victims, irrespective of their position as a private person, have the right to:

1.		to be represented (§ 73),
2.		Access to the file (§ 68),
3.		to be informed of the subject-matter of the proceedings and of their essential rights prior to their hearing (Section 70 (1)),
4.		to be notified of the progress of the proceedings (Sections 25 (3), 177 (5), 194, 197 (3), 206 and 208 (4)),
5.		to receive translation assistance, for which § 56 applies accordingly,
6.		to participate in a contradictoric interrogation of witnesses and defendants (§ 165), to take part in a statement of evidence (§ 127 para. 2) and to participate in a reconstruction of the facts (§ 150 para. 1),
7.		to be present during the main trial and to consult defendants, witnesses and experts, as well as to be heard of their claims,
8.		to demand the continuation of a procedure set by the public prosecutor's office (§ 195 (1)).

(2) Victims within the meaning of § 65 Z 1 lit. a or b shall be provided with psychosocial and legal process support at its request, to the extent that this is necessary in order to safeguard the procedural rights of the victims, with the greatest possible reference to their personal affectedness. Psychosocial process accompaniment involves the preparation of the persons concerned on the procedure and the emotional stresses associated with it, as well as the accompanying to interrogations in the investigative and main proceedings, legal process accompanying the legal advice and representation by a lawyer. The Federal Minister of Justice is authorized to contract well-established suitable facilities with the process support of victims within the meaning of § 65 Z 1 lit. a or b.

Private Participation

§ 67. (1) Victims shall have the right to seek compensation for the damage suffered by the offence or compensation for the impairment of their criminal-protected legal goods. The extent of the damage or impairment shall be determined on its own account in so far as this is possible on the basis of the results of the criminal proceedings or of other simple surveys. If an expert is appointed for the assessment of a bodily injury or damage to health, he shall also be responsible for the determination of the pain periods.

(2) Victims shall be made by declaration to private parties. In the declaration, they shall, in so far as this is not obvious, have their right to participate in the proceedings and to justify their claims for damages or compensation.

(3) A declaration in accordance with paragraph 2 shall be made by the Criminal Police or the Public Prosecutor's Office, after the prosecution has been brought into the court. It must be submitted at the latest until the end of the proof procedure; in the meantime, the amount of the compensation or the compensation must also be quantified. The declaration may be withdrawn at any time.

(4) A declaration shall be rejected if:

1.		it appears to be unjustified,
2.		it was given late (para. 3) or
3.		the amount of the compensation or compensation was not given in due time.

(5) The prosecution of a declaration pursuant to paragraph 4 shall be the responsibility of the public prosecutor's office, after the prosecution has been brought into effect.

(6) In addition to the rights of victims (§ 66), private parties have the right to:

1.		request the inclusion of evidence in accordance with section 55;
2.		to maintain the prosecution pursuant to Section 72 if the Public Prosecutor's Office resigns from it,
3.		to lodge a complaint against the judicial suspension of the proceedings pursuant to Section 87;
4.		to be summoned to the main trial and to be given the opportunity to execute and justify their claims following the final application of the Public Prosecutor's Office.
5.		Appeal due to their private legal claims according to § 366.

(7) Private participants are-insofar as they are not to be granted legal process support (Section 66 (2))-to grant procedural assistance through the free-of-charge of a lawyer, in so far as the representation by a lawyer is in the interests of the In particular, in the interests of enforcing their rights in order to avoid a subsequent civil procedure, the administration of justice shall not be able to pay the costs of their legal representation without prejudice to the the necessary subsists. The necessary maintenance is to be regarded as the person who needs a simple way of life for himself and her family, whose maintenance she has to care for. The provisions of Sections 61 (4), 62 (1), (2) and (4) shall apply mutatily to the issuing and appointment of such a representative.

File View

§ 68. (1) Private parties and private prosecutors shall be entitled to inspect the files insofar as their interests are concerned; for this purpose, § § 51, 52 (1), (2) (1) and (3) and (53) shall apply mutagenic. Furthermore, access to the file may only be refused or limited, insofar as it would be jeopardised by the purpose of the investigation or by an uninfluenced statement as a witness.

(2) This right of access to files is also available to victims who do not participate in the proceedings as private persons.

(3) The prohibition of publication in accordance with § 54 shall apply mutagenic to victims, private persons and private prosecutors.

Private claims

§ 69. (1) The private party may claim a claim against the accused, derived from the offence, directed to performance, determination or legal redress. However, the validity of a marriage can only be assessed in criminal proceedings as a preliminary question (§ 15).

(2) In the main proceedings, the Court of First Instance shall at any time take a comparison of private-law claims to the Protocol. It may also invite the private participant and the accused to a comparative trial on request or on its own initiative, and submit a proposal for a comparison. If a comparison is made, the private parties, the public prosecutor's office and the accused are to be followed up with the settlement.

(3) In the event of a guarantee in accordance with Section 110 (1) Z 2, the Public Prosecutor's Office shall order the return of the object to the victim if a seizure of evidence is not necessary and does not intervene in the rights of third parties. .

Right to information

§ 70. (1) As soon as an investigation is conducted against a particular accused, the Criminal Investigation Department or the Public Prosecutor's Office shall inform victims of their essential rights (§ § 66 and 67). This must not be allowed to continue as long as the purpose of the investigation is threatened. Victims in the sense of § 65 Z 1 lit. a or b shall be informed at the latest before their first survey of the requirements of the process support.

(2) Victims who may have been injured in their sexual integrity shall, at the latest prior to their initial questioning, be informed of the following rights to which they are responsible:

1.		to be heard in the investigative procedure, where possible, by a person of the same sex,
2.		to refuse to answer questions in the circumstances of their own personal life or the details of the offence, the description of which they consider to be unreasonable (§ 158 (1) (2)),
3.		to be heard in a gentle manner in the investigative procedure and in the main hearing (§ § 165, 250 para. 3),
4.		to demand the exclusion of the public of the main trial (Section 229 (2)).

Section 3

Private Prosecutor and Subsidiary

Private prosecutor

§ 71. (1) Criminal actions whose observability is to be pursued only at the request of the victim, shall be the law. In such cases, the main proceedings shall be carried out on the basis of an indictment of the private prosecutor or his/her self-employed application for the release of property law orders in accordance with Section 445; an investigation procedure shall not take place.

(2) In the cases of Section 117 (2) and (3) of the German Criminal Code (StGB), the victim is entitled to the private prosecution if it or his/her suspended authority does not grant or withdraw the authorization to prosecutable law (§ 92). The person who expressly waived or forgiven the commission of the offence shall not be entitled to the charge. § § 57 and 58 StGB remain unaffected.

(3) The private prosecution shall be brought to the jurisdiction of the competent court. It has to comply with the requirements of an indictress (§ 211). The right to private charges and any private legal claims shall, in so far as they are not obvious, be set out in the explanatory statement. The same applies to a self-employed application.

(4) The Court of First Instance shall submit the request to the defendant and the liability party with the information that they are entitled to submit their comments within 14 days. After that, the court, in so far as it does not prejudge § 485 or § 451, has the main trial to be held.

(5) The private prosecutor generally has the same rights as the public prosecutor's office. However, it is only entitled to apply for coerced measures in so far as it is necessary to secure evidence of evidence or investment in property law. He is not entitled to apply for the arrest of the accused or the imposition or continuation of the pre-trial detention.

(6) If the private prosecutor does not come to the main hearing or if he does not make the necessary requests, it shall be assumed that he has waived the persecution. In such cases, the procedure shall be adjusted by decision.

Subsidiary aranger

§ 72. (1) Private parties shall be entitled to maintain the charge as a subsidiary of the Prosecutor if the Public Prosecutor's Office resigns from the indictof. As far as the subsidiarity principle is concerned, the private participant is to be maintained by the declaration that the charges are maintained, and the victim has also previously declared that he must participate in the proceedings as a private participant.

(2) If the Public Prosecutor's Office withheld from the prosecution in the main hearing, a declaration pursuant to paragraph 1 shall be made immediately. If this is not the case, the private participant is not published for the main trial or if he does not refrain from making any necessary requests in the main trial for the maintenance of the prosecution, the defendant is to be acquitted (§ 259 Z 2).

(3) If the public prosecutor's office withholds from the prosecution outside the main hearing, the court has to inform the private person who can make his declaration within 14 days. Unless he does so, it is assumed that he does not uphold the persecution. In such a case, the procedure shall be adjusted by decision.

(4) In the main proceedings, the subsidiary owner shall have the same rights as the private prosecutor. However, appeals against judgments are only available to him to the extent that the private person concerned is entitled to collect them. The public prosecutor's office may at any time inform himself about the course of the proceedings and rejoin the prosecution; in this case the rights of the private participant are again due to the subsidiary owner.

Section 4

Representative

Representative

§ 73. Representatives are advising and supporting liability parties, victims, private parties, private prosecutors and subsidiary companies. Unless otherwise provided in this Act, they shall exercise the procedural rights to be granted to the representatives. A representative may be entitled to exercise the legal profession, a victim protection body recognised in accordance with section 25 (3) of the SPG or an otherwise suitable person. be authorised.

5. Main piece

Common provisions

Section 1

Use of information technology

Using Data

§ 74. (1) Unless otherwise specified for the use of data, the provisions of the 2000 Data Protection Act, BGBl, shall be found. I No 165/1999.

(2) Criminal Police, Public Prosecutor's Office and Court of First Instance have to comply with the principle of law and proportionality (§ 5) when using personal data (processing and transfer). In any case, they have the legitimate interests of the parties concerned to maintain secrecy and to give priority to confidential treatment of the data. When using sensitive and criminally relevant data, they shall take reasonable steps to safeguard the confidentiality interests of those concerned.

Reporting, deleting, and locking data

§ 75. (1) Data which is inaccurate or determined contrary to the provisions of this law must be correctly put in place or deleted immediately. Automation supports processed personal data, which have remained unchanged for five years, must be checked to see if they are to be correctly set or deleted.

(2) In addition, access to lists of names must be prevented, namely:

1.		in the case of a sentence, not later than ten years from the date on which the sentence was punishable, but where a penalty has not been pronounced or has been subject to a conditional sentence, from the conviction,
2.		in the case of an acquittment, a cessation of the proceedings or a (final) resignation of persecution at the latest after the expiry of ten years from the date of the decision.

(3) After sixty years from the points in time referred to in paragraph 2, all data shall be deleted in direct access.

(4) Personal data obtained exclusively on the basis of a determination of identity (§ 118), a physical examination (§ 123) or a molecular-genetic analysis (§ 124) may only be used as long as it is due to the nature of the species. the execution of the act, the personality of the person concerned or, on the basis of other circumstances, it is to be feared that this person will commit a criminal offence with not merely slight consequences. If the accused is legally acquitted or if the investigative procedure is terminated without reservation of subsequent prosecution, such data shall be deleted. § § 73 and 74 SPG remain unaffected.

(5) Insofar as data obtained by monitoring messages, optical or acoustic surveillance or automatic data reconciliation may be used as evidence in a criminal case, the data shall be Use also in a civil or administrative procedure related to this and for defenses with significant punishment of threatened actions (§ 17 SPG) as well as to avert significant dangers for life, limb or freedom of a person or for significant property and assets.

Section 2

Office and legal assistance, file inspection

Official and legal assistance

§ 76. (1) Criminal police, public prosecutors and courts are entitled to perform their duties under this Act, the support of all authorities and public services of the Federation, of the Länder and of the municipalities, as well as of others by law. to make direct use of statutory bodies and institutions of public law. Such requests shall be made possible or shall be disclosed without delay in the event of any obstacles standing in the way. Where necessary, access to the file shall be granted.

(2) Requests from criminal police authorities, public prosecutors and courts relating to the offences of a particular person may be subject to the reference to existing legal obligations to secrecy or to the fact that they may be subject to Personal data processed by automation is only rejected if either these obligations are expressly imposed on criminal courts or if the answer is the overriding public interest. , which are to be explained in detail and to be justified.

(3) International treaties, extradition and legal assistance law, the Federal Law on Judicial Cooperation in Criminal Matters with the Member States of the European Union, as well as the Federal Law on Foreign Affairs, Police cooperation law to be applied.

(4) Criminal police, public prosecutors and courts are entitled to provide information on personal data determined under this law for the purposes of security administration, criminal justice and the control of the legality of the actions of the shall be granted. Transfers of data to other authorities as financial criminal authorities for their activities in the service of criminal justice, security authorities, public prosecutors and courts are, moreover, only admissible if an explicit legal basis for this is provided for in this case. Authorisation exists.

(5) From the outset and from the end of a criminal proceedings against civil servants, the service authority shall be notified.

File View

§ 77. (1) In the case of justified legal interests, public prosecutors and courts shall also, in addition to the cases referred to in this Act, grant access to the results of an investigation or the main proceedings before them; to the extent to which public or private interests do not predominate.

(2) For the purpose of a non-personal evaluation for scientific work or comparable investigations in the public interest, the prosecutors, the courts and the Federal Ministry of Justice may, at the request of the Head of recognised scientific institutions, the inspection of files of a procedure, the production of copies (clearings) and the transmission of data from those who wish to submit them.

(3) § 54 shall apply mutatily.

Section 3

Display duty, display and attachment law

Notification duty

§ 78. (1) Where a public authority or public service is aware of the suspicion of a criminal offence concerning its legal sphere of action, it shall be obliged to indicate to the criminal police or the public prosecutor's office.

(2) There is no obligation to indicate in accordance with paragraph 1,

1.		if the ad would affect an official activity, the effectiveness of which would require a personal relationship of trust, or
2.		if and as long as there are reasonable grounds for believing that the criminal offence of action will be eliminated within a short period of time by means of measures to be taken in response to the damage.

(3) In any event, the authority or public service shall have to do everything necessary to protect the victim or other persons from the risks; if necessary, it shall also be reported in the cases referred to in paragraph 2.

§ 79. To the extent that there is a statutory obligation to notify, the criminal police, the public prosecutors and the courts to investigate a criminal offence of a particular person are, on their own initiative or on the basis of requests, abrogations of the files and other acts of the law. to submit written records or to grant access to the file. An appeal to existing legal confidentiality obligations is inadmissible in this respect.

Display and attachment real

§ 80. (1) Anyone who becomes aware of the commission of a criminal offence shall be entitled to be displayed to criminal police or prosecutor's office.

(2) Anyone who can assume on the basis of certain facts that a person performs a criminal act, has performed immediately before, or that, because of the commission of a criminal act, is being proclaimed after her, is entitled to have that person on in a proportionate manner, but shall be obliged to indicate immediately to the nearest institution of the public security service.

Section 4

Notice, delivery and time limits

Notice

§ 81. (1) The publication of the charges of the General Court and the Public Prosecutor's Office has to be made by means of an oral announcement, by the service of a copy (§ 79 GOG), by fax or in electronic legal transactions in accordance with § 89a of the GOG.

(2) oral announces shall be recorded. Any person who has been proclaimed orally shall be sent in writing or electronically to the content of the execution upon request.

(3) The Public Prosecutor's Office and the Court of First Instance may be sent the files for access to the discharge. In this case, the Public Prosecutor's Office or the General Court shall have the date of the filing of the files and the day of inspection comprehensible in the files to be assessed.

Delivery

§ 82. (1) Unless otherwise specified in this law, the Delivery Act, BGBl, shall apply to deliveries. No 200/1982, and § § 87, 89, 91 and 100 of the Code of Civil Procedure.

(2) § § 8, 9 para. 2, first sentence and para. 3 and 10 of the Delivery Act are to be applied only to subsidiary companies, private prosecutors, private parties, liability parties and to authorized agents of these persons, except in the case of Section 180 (4).

(3) Delivery shall be effected by direct transfer or by institutions of the postal service (Section 2a (1) (1) (2) of the Delivery Act). The criminal police shall only be requested to be served if this is strictly necessary in the interests of the criminal justice system.

Types of delivery

§ 83. (1) Insofar as nothing else is determined otherwise, it can be delivered without proof of delivery.

(2) A transmission by fax or in the electronic legal system in accordance with § 89a of the GOG is to be considered as equivalent to delivery with proof of delivery.

(3) charges and calls for compliance by means of inflating or otherwise enforcing compliance, the delivery of which triggers the time-limit for the submission of an appeal or an appeal to the court, as well as charges by private parties, private prosecutors and subsidiary companies to the main negotiation are to be delivered to their own handes (§ 21 of the Delivery Act). Defenders and lawyers can always be served with proof of delivery (§ § 13 to 20 of the Delivery Act) instead of their own.

(4) Insofar as the accused or any other party of the proceedings is represented by a defender or another person, this defender or representative shall be responsible for the performance of the defender or other person. However, the summons to the main hearing in the first instance, the judgment in absentia, as well as comprehension and communications in accordance with § § 200 (4), 201 (1) and (4) and 203 (1) and (3) are, however, always self-sufficient and self-sufficient for the accused or accused. Handen.

Deadlines

§ 84. (1) Unless otherwise specified in detail, the following shall apply to the calculation of the time limits set out in this Law:

1.		Periods of time cannot be extended,
2.		Days of the postal service are not to be included in the time limit,
3.		the day from which the deadline has to be run does not count,
4.		after hours of time certain deadlines are to be calculated from moment to moment,
5.		Saturdays, Sundays, public holidays and Good Friday are without any influence at the beginning and on the course of a period; if a period ends on such a day, the next working day shall be deemed the last day of the period.

(2) Insofar as nothing else is determined otherwise, appeals, appeals and any other submissions to the Criminal Police, the Public Prosecutor's Office or the General Court may be brought in writing, by fax, in electronic legal transactions. or orally to the Protocol. If they are bound by a time limit, they shall be in good time, even if they are brought to the authority of the authority to decide within that period. The more detailed rules on the business treatment of such inputs are governed by the Regulation.

Section 5

Decisions and complaints

General

§ 85. Unless otherwise specified in detail, the provisions of this section shall apply to the submissions of applications pursuant to § 101 (2), court decisions (§ 35) and complaints raised against them, as well as the proceedings to be followed.

Decisions

§ 86. (1) A decision shall contain the saying, explanatory statement and the right of appeal. The claim has to contain the order, approval or determination of the court as well as the legal provisions relating thereto. A decision on an objection or request shall also state whether and to what extent the desire is to be granted. The justification shall be based on the actual findings and the legal considerations on which the decision is based. The statement of appeal has to contain the communication as to whether an appeal is pending, what formalities it has to comply with and within which time limit and where it is to be submitted.

(2) Any decision to be announced in accordance with the law shall be completed in writing at the latest within fourteen days and shall be delivered to the person entitled to complain (§ 87). Moreover, a decision to set the procedure is to be sent to the criminal police and to the private operator.

(3) The manufacture and delivery of the decision may be omitted if the beneficiaries do not make a complaint immediately after the announcement. In this case, and in so far as the law provides for the proclamation of the decision in the main hearing, but does not allow an independent legal remedy which impedes further negotiation, the essential content of the decision shall be in the Log to assess.

Complaints

§ 87. (1) The Public Prosecutor's Office, the accused, in so far as its interests are directly affected, and any other person who is directly deprived of rights or obligations by the decision, shall be subject to judicial decisions. which is affected by a coercive means, against a decision by which the proceedings are terminated, also appeal to the private party to appeal to the Court of Appeal, in so far as the law in detail does not specify otherwise.

(2) The Public Prosecutor's Office shall also lodge a complaint if their applications have not been dealt with pursuant to Section 101 (2). In addition, each person has a complaint alleging that he has been violated by the court in the course of taking evidence in a subjective right (Section 106 (1)).

( 3 ) A suspensive effect shall have a complaint only if the law expressly provides for this.

Complaints procedure

§ 88. (1) The appeal shall indicate and indicate the decision, request or operation to which it relates, in which case the infringement of the law shall exist. It shall be within fourteen days from the date of publication or from the knowledge of the non-disclosure or violation of the subjective right in writing or by electronic means to the Court of First Instance, or verbally to the Protocol.

(2) A complaint against a decision authored by an order of the Public Prosecutor's Office in the investigation procedure shall be submitted to the Public Prosecutor's Office. The Public Prosecutor's Office shall immediately forward the appeal to the Court of First Instance with any observations which may be made.

(3) The appeal shall be submitted to the appeal court without default with the act. The course of the proceedings must not be kept up by this; if necessary, copies of those parts of the file which are necessary to continue the proceedings must be retained.

(4) A complaint which is brought before the Court of Appeal within the time limit or in the case of paragraph 1 of the Public Prosecutor's Office, in the case referred to in paragraph 2 in the case of the General Court, shall be deemed to be in good time.

Proceedings before the Court of Appeal

§ 89. (1) The Court of Appeal has the opportunity to give an opinion to the competent public prosecutor's office (Section 24) and to decide on the appeal in a non-public meeting with a decision.

(2) complaints filed late or by a person who do not receive an appeal (Section 87 (1)) have the right to reject the appeal court as inadmissible. Moreover, it must be decided on the matter, taking into account, where appropriate, circumstances which have occurred or become known after the decision has been taken. It is not bound by the objections raised, but it must never change any decisions which have not been lodged against the accused person.

(3) If the Oberlandesgericht (Oberlandesgericht) decides that the pre-trial detention is to be annulled, and if the relevant circumstances also apply in the case of a co-accused person who has not filed a complaint, the Oberlandesgericht (Oberlandesgericht) shall act as if: such a complaint.

(4) If a complaint is inadmissible, one in the 5. and 6. Section of the 8. The main item (sections 134 to 143) of a regulated investigation is to be ordered at the same time, so that all the results obtained by this measure of investigation are to be destroyed.

(5) The Court of Appeal may request further information from the First Court and the Public Prosecutor's Office. Before taking a decision, it has the opportunity to give the opponent the opportunity to submit its observations within seven days; § 24 second sentence shall apply.

(6) A further appeal is not available against the decision of the appeal court.

6.

Enforcement of fines and custodial sentences

Enforcement of fines and custodial sentences

§ 90. (1) All fines shall be paid to the Federal Government.

(2) If a fine is wholly or partly unrecoverable under this law, the court has to reassess them in cases worthy of consideration, but otherwise to convert them into a replacement custodial sentence of up to eight days.

(3) The provisions of the Penitent Act concerning the enforcement of custodial sentences, the penalty period of which shall not be three months, shall be subject to the enforcement of replacement custodial sentences as set out in paragraph 2 and the deprivation of liberty and the detention in law of this law. , to apply mutatily.

2. TEIL

The investigative procedure

6. Main piece

General

Section 1

Purpose of the investigation

Purpose of the investigation

§ 91. (1) The investigative procedure serves to clarify facts and suspicicases by investigations to the extent that the Public Prosecutor's Office may decide on charges, resignation from the prosecution or termination of the proceedings and, in the case of the prosecution, a decision to investigate the facts and the facts. the rapid implementation of the main negotiation.

(2) The investigation shall be determined by any activity of the criminal police, the public prosecutor's office or the court, which shall serve to obtain, ensure, evaluate or process information to investigate the suspicion of a criminal offence. It shall be carried out in accordance with the form provided for in this Act, either as an act of investigation or as a taking of evidence.

Law enforcement authorisation

§ 92. (1) Insofar as the law requires an empowerment for prosecution, the criminal police or the public prosecutor's office shall immediately ask the legally authorised person whether they shall give the authorization. If this is refused, any further investigation against the person concerned shall be inadmissible and the proceedings cease. Authorisation shall be deemed to have been refused if the authorized person does not grant it within fourteen days of the request. This period shall be six weeks in the case of the public insult to a constitutional body of representation; the time of the day shall not be included.

(2) The empowerment must relate to a particular person and must be available at the latest upon initiation of diversionary measures or the placing of the charges. It may be withdrawn until the end of the evidence procedure of the first instance. The declaration to participate in the proceedings as a private participant (§ 67) shall be deemed to be the empowerment.

Section 2

Enforced violence and predators, disciplinary penalties

Forcibly violence and prey

§ 93. (1) The criminal police shall be authorized, in accordance with § 5, to apply proportionate and proportionate coercion in order to enforce the powers conferred on it by law; this shall also apply to the enforcement of an order by the Public Prosecutor's Office; or of the court. Under the conditions and formalities laid down in each case, the criminal police shall also be authorised to use physical violence against persons and property, insofar as this is necessary for the conduct of investigations or the reception of evidence. is essential. An order for arrest (§ 171 para. 1) also entitles the person to search the apartment or other places protected by the house right after the person to be arrested, insofar as the arrest is carried out according to the content of the arrangement in these rooms. .

(2) If a person refuses an act to which it is legally obligated, such conduct may be replaced directly by coercion pursuant to para. 1 or by a court decision. If this is not possible, the person, if he is not himself suspected of the offence or is legally exempt from the obligation to testify, may be stopped by means of prey to comply with the obligation.

(3) Where and as long as this is necessary for the execution of a coercive measure or taking of evidence, the criminal police shall be authorized, on their own initiative or on the basis of an order, to hold containers or premises by affixing a seal shut down or shut down, in order to prevent unauthorised persons from entering the area.

(4) A fine of up to EUR 10 000 and, in important cases, a custodial sentence of up to six weeks shall be considered as a means of prey. The Court of First Instance has to decide on the application and extent of predators at the request of the public prosecutor's office (§ 105).

(5) The exercise of direct coercion shall be threatened and to be terminated if the person concerned is present. This must not be allowed to be the case if the success of the investigation or the taking of evidence is endangered. The provisions of the Weapons Use Act apply to the use of weapons in 1969.

Penalties

§ 94. The head of the respective official act shall ensure that the order is maintained and that the state of the state is respected. He is entitled to this end, any person who, in spite of past exhortation and threat of his removal, opposes his orders, Acts aggressively or otherwise in a grossly undue manner with respect to persons present or otherwise obstructs the act to remove or remove from the office for some time or for the entire duration of the act of office. In addition, § § 233 (3) and (235) to (236a) are to be applied in the investigative procedure. However, the imposition of the disciplinary penalties (§ 235) mentioned there and the request to appoint another defender (Section 236 (2)) require a court order.

Section 3

Logging

Official note

§ 95. The placing of persons and other important events must be recorded in writing in such a way that their essential content can be traced. Such an endorsement shall, in any event, be subverted by the receiving institution and, if necessary, by other persons.

Log

§ 96. (1) The inclusion of evidence shall be documented in a protocol, which shall include in particular:

1.		the name of the authority and of the persons involved in the act,
2.		The place, time and subject of the official act,
3.		the content of statements,
4.		other essential processes during the course of the act,
5.		any requests made,
6.		the signatures of the persons who have been wooled. If a signature is refused or is not signed for other reasons, the minutes shall be recorded in the minutes.

(2) The protocol shall be drawn up by the head of the official act or by any other appropriate person as the secretary. It must be written in full. If it is dictated, it has to be heard audibly for the present. It is, however, permissible to use a temporary short copy or to include the dictation with a technical aid. In any case, such a procedure and any decision announced shall be recorded immediately in full text. The short-term and sound recordings shall be transferred immediately to the full text, and the sound recording shall be reproduced beforehand, provided that this requires one of the parties concerned.

(3) Insofar as this is necessary for the assessment of the case and the results of the official act, or a person who has been removed requires it, its statement shall be returned verbatim in the minutes; moreover, the answers to their essential content shall be according to the narrative. The questions asked are to be included only to the extent that this is necessary for the understanding of the answer.

(4) The protocol shall be submitted to the person who has been heard to inspect the information with the information that it is entitled to require additions or corrections. Significant additions or objections shall be included in a supplement and shall be separately undercompleted. If this is rejected, the person who has been removed shall have the right to submit an opinion to the minutes. In addition, nothing in the written record may be deleted, added or changed. Crossed-out areas should remain legible. The Protocol shall be signed by the person concerned on each side and at the end by the head of the official act, by the Secretary of the Secretary and by the other parties concerned.

(5) The Protocol shall be taken as an act. In so far as the person who has been removed is entitled to inspect the file, it shall immediately be followed by a copy or a copy on request, provided that the legitimate interests of the proceedings or third parties are not contrary to it; § 54 shall apply. On short-term and sound recordings (par. 2) is to be applied to Section 271 (6).

Sound and image recording

§ 97. (1) According to the explicit information of the person who has been exterminated, it is permissible to produce a sound or image recording of a hearing, provided that it is taken up in its entirety. In the case of the testimony of a witness, this shall not be required, without prejudice to special legal provisions (§ § 150, 165, 247a, 250 para. 3), if and as soon as the witness of the recording contradicts.

(2) In the case of a reception as referred to in paragraph 1, a written summary of the contents of the hearing may be drawn up in place of a protocol, which the head of the official act undertakes and takes to the act. In addition, the provisions of Sections 96 (1) and (3) and 271 (6) shall apply to this summary.

7. Main piece

the tasks and powers of the criminal police,

the public prosecutor's office and the court

Section 1

General

General

§ 98. (1) Criminal Investigation and Public Prosecutor's Office shall, as far as possible, lead the investigative procedure in accordance with the provisions of this Act. If such a situation cannot be achieved, the Public Prosecutor's Office must issue the necessary orders to be complied with by the Criminal Police (Section 99 (1)).

(2) The court shall act on request, on its own behalf, in accordance with § § 104 and 105 (2) or on the basis of an objection in the investigation proceedings.

Section 2

Criminal police in the investigation

Investigations

§ 99. (1) The criminal police shall be determined by the Office for or on the basis of an advertisement; orders of the Public Prosecutor's Office and of the Court of First Instance (Section 105 (2)) shall be followed.

(2) Where an investigative measure requires an order of the Public Prosecutor's Office, the Criminal Investigation Department may exercise that power in the event of a risk of default without such an order. In this case, the Criminal Investigation Department must immediately ask for permission (Section 100 (2) (2)); if it is not issued, the Criminal Investigation Department shall immediately terminate the investigation and, as far as possible, return the original condition to the original state. .

(3) However, if the order is subject to a judicial authorisation, the investigative measure shall be admissible in the event of danger in the absence of such authorisation only if the law expressly provides for it.

(4) A postponing of criminal investigations shall be permitted if:

1.		This means that the investigation of a serious and serious offence or the research of a party leading to the commission of the offence is promoted and, with the postponement, no serious danger to life, health, physical activity, the integrity or freedom of third parties is connected, or
2.		otherwise there would be a serious risk to life, health, physical integrity or freedom of a person who cannot be averted in any other way.

(5) The Criminal Police shall immediately notify the Public Prosecutor's Office of a delay in accordance with paragraph 4. In the case of a controlled delivery, which is the transport of traffic-restricted or prohibited goods from or through the Federal territory without the Public Prosecutor's Office being obliged to act in accordance with Section 2 (1), the provisions of the § § 71 and 72 of the Federal Act on Judicial Cooperation in Criminal Matters with the Member States of the European Union (EU-JZG).

Reports

§ 100. (1) The criminal investigation police have to record investigations in order to enable them to understand the cause, implementation and outcome of these investigations. It shall justify the exercise of coercion and of powers associated with an intervention in rights.

(2) The Criminal Police Department has written to the Public Prosecutor's Office in writing (paragraph 1). 1) or by means of automation-assisted data processing, if and when

1.		become aware of the suspicion of a serious crime or other criminal offence of particular public interest (§ 101 para. 2 second sentence) (seizure report),
2.		an arrangement or authorisation of the public prosecutor's office or a decision of the court is necessary or appropriate, or the public prosecutor's office requires a report (case report),
3.		in a case against a particular person since the first investigation against them three months have elapsed without having been reported, or three months have elapsed since the last report (interim report),
4.		Facts and suspicions seem to have been clarified to the extent that a decision by the Public Prosecutor's Office on charges, resignation of prosecution, adjustment or cancellation of the proceedings can be taken (final report).

(3) A report referred to in paragraph 2 shall, in so far as these circumstances have not already been reported, include in particular:

1.		the names of the defendants, or, where they are not known, the characteristics necessary for their identification or research, the acts of which they are suspected, and their legal name,
2.		the names of the scoreboards, the victims and any other persons who provide information;
3.		a summary statement of the facts and the planned further action, in so far as this has not already been discussed or is reserved for a service meeting,
4.		any requests from the accused or any other party to the proceedings.

(4) Any report shall be submitted to the Public Prosecutor's Office, in so far as it has not yet done so, to forward all criminal records necessary for the assessment of the legal situation or to make it accessible electronically.

Section 3

Prosecutor's office in the investigation

Tasks

§ 101. (1) The Public Prosecutor's Office shall initiate the investigation procedure and decide on its progress and termination. An investigation procedure may not be initiated or continued against its declared will.

(2) The Public Prosecutor's Office shall make the necessary requests to court, in so far as their orders require a judicial authorization. Apart from the cases provided for in Articles 149 (3) and 165 (2), the Public Prosecutor's Office has to apply for judicial evidence if, on the grounds of the importance of the offence to be informed and the person of the suspect, the person responsible for the offence is subject to the following: particular public interest.

(3) The Public Prosecutor's Office shall justify its requests pursuant to paragraph 2 and shall forward it to the General Court and the files. If the court approves a measure, the public prosecutor's office shall decide on the implementation. If the conditions under which the application has been approved have been omitted or have changed in such a way that the implementation would be unlawful, disproportionate or no longer appropriate, the Public Prosecutor's Office shall refrain from carrying out the procedure and The Court of First Instance was to agree.

(4) The Public Prosecutor's Office shall examine the reports of the criminal police and shall take the necessary measures. Insofar as this is necessary for legal or actual reasons, it may at any time order further investigations and the exercise of coercion by the Criminal Invescrime Police.

Arrangements and approvals

§ 102. (1) The Public Prosecutor's Office shall direct its orders and authorisations to the Criminal Police in accordance with their jurisdiction. The arrangement of coercive measures shall be justified by reasons of justification and in writing. In urgent cases, however, such orders and permits may also be provisionally transmitted orally. Instead of a written copy, the contract notice is also permitted by electronic means or otherwise using automation-assisted data processing.

(2) In any case, a copy has to be included:

1.		the name of the public prosecutor,
2.		the name of the proceedings, the name of the accused, as far as it is known, the act of which the accused is suspicious and their legal name,
3.		the facts resulting from the fact that the order or authorisation to clarify the offence is necessary and proportionate and the relevant legal conditions are available,
4.		information on the rights of persons affected by the order or authorisation.

Investigations

§ 103. (1) In so far as this law does not specifically determine anything else, it is for the criminal police to carry out the orders of the public prosecutor's office. The Public Prosecutor's Office may take part in all investigations carried out by the Criminal Police and may issue individual contracts to the head of the criminal investigation, insofar as this is due to legal or factual reasons, in particular because of the The importance of the investigation into the decision on the continuation of the procedure is appropriate.

(2) The Public Prosecutor's Office may also carry out an investigation itself (Section 91 (2)) or have it carried out by an expert.

Section 4

Court of investigation

Judicial evidence

§ 104. (1) The court has to carry out the reconstruction of the facts in accordance with the provisions of § 150 and the contradictorious testimonies of witnesses and defendants in accordance with § 165, as well as in the case of § 101 (2) second sentence, the requested evidence in accordance with the relevant provisions. The court has to dismiss the application by decision if the legal conditions for such evidence are not available.

(2) Where, in the course of a judicial inquiry, circumstances arise which are significant for the assessment of the suspicion of the suspicion, the court may, on its own account or on request, take up further evidence itself. The same applies if this is necessary in order to avert the risk that evidence is lost for a significant fact. In such cases, the Court of First Instance shall inform the Public Prosecutor's Office of the taking of evidence. The minutes of the taking of evidence shall immediately be sent to the court of the Public Prosecutor's Office. The Court of First Instance may also draw the attention of the Public Prosecutor's Office to the need to carry out certain further investigations.

Authorisation of compulsory resources

§ 105. (1) The Court of First Instance has to decide on requests for the imposition and continuation of pre-trial detention and for the authorisation of certain other means of coercive. For the purpose of carrying out a measure approved by the Court of First Instance (Section 101 (3)), the Court of First Instance has to set a time limit for which the authorization does not enter into force.

(2) In so far as this is necessary for a decision on a request pursuant to paragraph 1 for legal or actual reasons, the court may order further investigations by the criminal police or carry out ex officiation. It may also require the public prosecutor's office and the criminal police to clarify the files and to submit a report on the implementation of the approved measure and the further investigation. The court may order that copies of the documents referred to in section 52 (2) (2) (2) and (3) will also be sent to him in a further sequence after the investigation detention has been imposed.

Appeal for breach of law

§ 106. (1) An appeal to the Court of First Instance is pending in the investigative procedure of any person who claims to be infringed by a public prosecutor or criminal police in a subjective right, because

1.		it refuses to exercise a right under this law, or
2.		an investigative or coercive measure has been ordered or carried out in breach of the provisions of this Act.
There is no violation of a subjective right, insofar as the law is subject to a binding regulation of the conduct of the public prosecutor's office or criminal police and has been made use of that discretion in the sense of the law.

(2) An objection to the order or conduct of an investigative measure which is to be granted by the court is only available in so far as it is not possible to file a complaint against the court decision.

(3) The objection shall be filed with the Public Prosecutor's Office. It shall indicate the arrangement or operation in which it relates, in which the infringement is in force and the manner in which it is to be granted. If he is opposed to a measure taken by the Criminal Police, the Public Prosecutor's Office of the Criminal Police shall have the opportunity to comment.

(4) The Public Prosecutor's Office has to examine whether the alleged infringement is present and to comply with the opposition, insofar as it is entitled, as well as to inform the opposition shipyard that and in what way this has happened and that he/she shall be entitled to still have the right to demand a decision of the court if it claims that its objection has actually not been complied with.

(5) If the Public Prosecutor's Office does not comply with the opposition or if the objector asks for a decision of the General Court, the Public Prosecutor's Office shall immediately forward the opposition to the Court of First Instance. Opinions of the Public Prosecutor's Office and of the Criminal Police shall be sent to the Court of Appeal for the objection to the statement of opposition within a period to be determined, seven days in which the Court of First Instance does not exceed the deadline.

§ 107. (1) An appeal is no longer admissible after the end of the investigation procedure. Claims previously raised pursuant to Section 106 (1) (1) (1) are to be considered as object-free. In the event that charges have been brought, it is necessary to decide on the opposition of that court which would have been responsible for the investigation procedure. Inadmissible objections and those which the Public Prosecutor's Office has complied with shall be rejected. Incidentally, the Court of First Instance has to decide on the matter.

(2) In so far as the circumstances of the alleged infringement can only be clarified by direct evidence, the court may, on its own account, request oral proceedings and decide on the objection. This trial is not public, but the Court of First Instance, in any case, has the right of appeal, the Public Prosecutor's Office and, if the opposition is directed against it, the criminal police to take part in the trial and to give its opinion.

(3) The Public Prosecutor's Office and the opposition shipyard have a complaint; this has suspensive effect. The Oberlandesgericht (Oberlandesgericht) may refuse to deal with a complaint, unless the decision depends on resolving a legal matter which is of fundamental importance, in particular because the Court of First Instance of the Court of Justice of the The Higher Regional Court or the Supreme Court, no such caselaw is missing or the legal question to be resolved is not answered in a uniform manner in the previous case-law.

(4) In the event that the Court of First Instance uphold the opposition, the Public Prosecutor's Office and the Criminal Investigation Office shall establish the appropriate legal status with the means at which they are entitled.

Request for setting

§ 108. (1) The Court of First Instance shall cease the investigative procedure at the request of the accused, if:

1.		On the basis of the notification or the results of the investigation, it is clear that the actual fact of the investigation is not punishable by a judicial penalty or that the further prosecution of the accused is otherwise due to legal reasons. is not allowed, or
2.		the existing suspicion of urgency and weight and with regard to the current duration and scope of the investigation is not justified by the continuation of the investigation and the suspicion of intensification of suspicion is not to be expected from a further clarification of the facts.

(2) The application shall be submitted to the Public Prosecutor's Office. An application for a cessation pursuant to paragraph 1 (1) (2) may not be submitted at the earliest three months, but a crime shall be charged to the accused, six months from the beginning of the criminal proceedings. The public prosecutor's office has to discontinue the proceedings (§ § 190, 191) or to forward the application to the court with an all-due opinion. Section 106 (5) of the last sentence shall apply mutatily.

(3) The Court of First Instance shall reject the request as inadmissible if it has not been brought by the accused or before the expiry of the time limits referred to in paragraph 2 and, moreover, to decide on the matter.

(4) The complaint lodged by the Public Prosecutor's Office against a decision on the termination of the proceedings has suspensive effect.

8. Main piece

Investigative measures and taking of evidence

Section 1

Seizure, seizure,

Information on bank accounts and banking transactions

Definitions

§ 109. For the purposes of this law,

1.		"Ensuring"
a.			the provisional statement of reasons for the power of disposal of objects and
b.			the provisional prohibition on the issuance of goods or other assets to third parties (third-party prohibition) and the provisional prohibition on the sale or pledge of such objects and values;
2.		"Seizure"
a.			a court decision on the grounds or continuation of a guarantee after Z 1 and
b.			the legal prohibition of the sale, loading or pledging of property or rights registered in a public book,
3.		"Information on bank accounts and banking transactions"
a.			the disclosure of the name and other data concerning the identity of the holder of a business connection and its address and the information on whether a defendant has a business connection with that institution from such an economic is authorized or authorized to do so, as well as the publication of all documents relating to the identity of the holder of the business connection and of his/her right of disposal,
b.			the access to documents and other documents of a credit or financial institution relating to the nature and extent of a business relationship and related business transactions and other transactions relating to a particular past or future period.

Ensure

§ 110. (1) freezing shall be permitted if:

1.		for evidence,
2.		to secure private-law claims (§ 367) or
3.		for securing the depletion of the enrichment (§ 20 StGB), the decay (§ 20b StGB), the confiscation (§ 26 StGB) or any other statutory asset-law arrangement
appears necessary.

(2) freezing shall be carried out by the Public Prosecutor's Office and shall be carried out by the Criminal Invescrime Police.

(3) The criminal police are entitled to object (§ 109 Z 1 lit. (a) to ensure that:

1.		the objects are not in any person's power,
2.		they were found at the scene of the crime and used to commit the offence or may have been determined to do so,
3.		they are lightly or temporarily easily replaceable,
4.		their possession is generally prohibited (Section 445a (1)),
5.		in the cases referred to in Article 4 of the EC Product Pirates Regulation, OJ L 327, 1.3. No. OJ No L 341, 30.12.94, p. 8.

(4) The safeguarding of objects for the sake of proof (para. 1 (1) is not admissible and, at any rate, at the request of the data subject, to the extent and as soon as the purpose of the evidence is processed by image, sound or other recordings or by copies of written records or automation-assisted processing Data can be fulfilled and it is not to be assumed that the items secured themselves or the originals of the information secured will be taken into account in the main hearing.

§ 111. (1) Any person who has objects or assets to be seized in their power of disposal is obliged (Section 93 (2)) to issue these at the request of the criminal police or to ensure that they are insured in other ways. . This obligation may also be enforced, if necessary, by means of searches of persons or apartments; § § 119 to 122 shall apply mutatily.

(2) If information stored on data media is to be ensured, everyone shall have access to such information and, on request, shall be able to follow an electronic data medium in a commonly used format or format; or to make it. In addition, it has to tolerate the production of a backup copy of the information stored on the data carriers.

(3) Persons who are not themselves accused shall be at their request to reimburse the appropriate and local costs incurred by the separation of documents or other evidence of reference from others or through the Follow-up of copies of necessity have necessarily been made.

(4) In any case, the person concerned shall be informed of the freezing order immediately or at the latest within 24 hours, and shall inform them of the right to object (Section 106). As far as possible, the victim must also be informed of a freezing order for securing a decision on private-law claims (§ 110 para. 1 Z 2).

§ 112. If the person concerned or the person present is contrary to the assurance of written records or data carriers on the basis of a legally recognised obligation of secrecy, these shall be contrary to the to secure records and data carriers in a suitable manner against unauthorised inspection or alteration and to submit them to the General Court; they must not be regarded as such. The Court of First Instance shall review the records and the data medium and shall decide whether and to what extent they shall continue to be ensured or to be returned to the person concerned. A complaint against it shall have suspensive effect.

§ 113. (1) The freezing shall end,

1.		if the criminal police repeal them (para. 2),
2.		if the Public Prosecutor's Office orders the repeal (para. 3),
3.		if the court orders the seizure.

(2) The Public Prosecutor's Office shall report to the Public Prosecutor's Office without delay, but at the latest within 14 days (Section 100 (2) (2)), insofar as it does not previously ensure that the prosecution is guaranteed under Section 110 (3) because of the lack of or omission of the Prerequisites are raised. However, this report may be associated with the next following, if it does not adversely affect any essential interests of the procedure or persons and if the items secured are low, not to be found in any one of the The power of possession or possession is generally prohibited (Section 445a (1)). In the case of Section 110 (3) Z 5, the Criminal Police Department has the provisions of § § 4 and 5 of the Product Pirate Act, BGBl. I No 65/2001.

(3) The Public Prosecutor's Office shall immediately request the seizure of the seizure in the case of a court or, if the conditions of such seizure are not available or have been omitted, order the abolition of the freezing order.

§ 114. (1) Until the decision on the seizure (Section 115 (2)), the criminal police have to take care of the safekeeping of secured objects, after which the public prosecutor's office shall ensure that the goods are protected.

(2) If the reason for the further safekeeping of certain objects falls away, they shall be followed immediately by the person in whose power of disposal they have been seized, unless this person is obviously not entitled to it. In this case, they shall be the subject of the authorized person or, if such person is not visible and cannot be determined without disproportionate effort, in accordance with § 1425 of the German Civil Code (ABGB). The persons concerned are to be notified.

Seizure

§ 115. (1) Seizure shall be permissible if the objects seized are likely to be

1.		be required as evidence in the further proceedings,
2.		claims under private law (§ 367), or
3.		shall be used to secure a court decision on the depletion of enrichment (§ 20 StGB), on decay (§ 20b of the StGB), on confiscation (§ 26 StGB) or in another legally stipulated property law order, the enforcement of which would otherwise be jeopardised or substantially complicated.

(2) The court shall immediately decide on the seizure of seizure at the request of the public prosecutor's office.

(3) Section 110 (4) shall apply mutatily. Where appropriate, the seizure shall be restricted to the recordings and copies cited therein.

(4) For a seizure by third party prohibition and prohibition of divestment or exertion (§ 109 Z 2 lit. (b) unless otherwise provided in this Act, the provisions of the executive order relating to injunctions shall apply in accordance with the provisions of the Code.

(5) In a decision authorizing a seizure to secure a court decision on the depletion of enrichment (§ 20 StGB) or on decay (§ 20b StGB), a sum of money shall be determined in which the prospective Depletion of enrichment or of foreseeable decay.

(6) If and as soon as the conditions of the seizure are not or no longer exist, or if a monetary amount determined in accordance with paragraph 5 of this article is issued, the Public Prosecutor's Office shall, after the prosecution has filed, the court to waive the seizure of the seizure.

Information on bank accounts and banking transactions

§ 116. (1) Information on bank accounts and banking transactions is permissible if it appears necessary to clarify a crime or a crime which falls within the jurisdiction of the Regional Court (Section 31 (2) to (4)).

(2) Information on bank accounts and banking transactions according to § 109 Z 3 lit. b is also admissible only if it is to be assumed on the basis of certain facts,

1.		the business relationship of a person with the credit or financial institution stands with the commission of the offence in connection and either the account holder himself is suspected of having committed the act, or is to be expected that one of the deed a suspicious person has handled or is going to process a transaction through the account, or
2.		the transaction is used for the transaction of an asset obtained or received by criminal offences (Section 20 of the Criminal Code) or the power of disposal of a criminal organisation or terrorist group is subject to or has been made available or collected as a means of terrorist financing (§ 20b of the StGB).

(3) Information on bank accounts and banking transactions shall be ordered by the public prosecutor's office on the basis of a judicial authorization.

(4) The arrangement and approval of the exchange of information shall contain:

1.		the description of the procedure and the deed underlying it, as well as its legal name,
2.		the credit or financial institution,
3.		the description of the documents to be issued and the information and information to be provided,
4.		the facts from which the necessity and proportionality (§ 5) of the orders is obtained,
5.		in the case of an order referred to in paragraph 2, the period within which the transactions concerned are to be covered,
6.		in the case of an order referred to in paragraph 2, the facts from which the relationship between the business relationship and the subject-matter of the proceedings arises.

(5) The arrangement and the court authorization shall be granted to the credit or financial institution, the accused person and the persons entitled to the business relationship as soon as they become known to the public prosecutor's office. Delivery to the accused and to the authorized persons may be postponed as long as the purpose of the proceedings would be jeopardized by them. The credit or financial institution shall be informed of this, which shall keep the order and all the facts and operations related to it secret to its customers and to third parties.

(6) Credit or financial institutions and their employees shall be obliged to provide the information and to have the documents and documents available to be viewed and issued. This has to be done on an electronic data carrier in a commonly used file format, if automation-supported data processing is used to guide the business connection. If the credit or financial institution declares a complaint against the court authorization and does not provide any information or to issue documents, it must be done in accordance with § § 93 (2) and (112) with the proviso that the documents shall be submitted to the The Court of Appeal shall be submitted. A search by the credit or financial institution shall always be subject to an order by the Public Prosecutor's Office on the basis of a judicial authorisation. If further information is to be provided, or further documents or documents are to be made available for inspection or publication, which are provided by the arrangement and the authorization (para. 4), the credit or financial institution shall be required to act on the request of the credit or financial institution pursuant to § 112. § § 110 (4) and (111) (3) are to be applied.

Section 2

Identification of identity, search of places and objects, search of persons, physical examination and molecular genetic examination

Definitions

§ 117. For the purposes of this law,

1.		"determination of identity" means the identification and determination of data (§ 4 Z 1 DSG 2000), which identify a particular person in an unmistakable way,
2.		"Search of places and objects" the search
a.			of a non-generally accessible land, space, vehicle or container,
b.			an apartment or other place that is protected by the right to house, and objects located therein,
3.		"Search of a person"
a.			the search for the clothing of a person and the objects that it has with him,
b.			viewing the undressed body of a person,
4.		"physical examination" means the search of body openings, the removal of a blood sample and any other intervention in the physical integrity of persons,
5.		"molecular-genetic investigation" means the determination of those areas in the DNA of a person who serves for recognition.

Identity determination

§ 118. (1) The determination of identity shall be permissible if, on the basis of certain facts, it can be assumed that a person is involved in a criminal offence, information may be given on the circumstance of the commission or have left a mark on the person responsible for the investigation. can be used.

(2) The Criminal Police are empowered to establish the names of a person, their gender, their date of birth, their place of birth, their profession and their address for the determination of their identity. The Criminal Police are also empowered to determine the size of a person, to photograph them, to record their voice and to remove their papillary line prints, as far as this is necessary for the determination of identity.

(3) Everyone is obliged to participate in the identification of his/her identity in a manner appropriate to the circumstances; the criminal police shall inform him, at the request of the criminal police, of the reason for this determination.

(4) If the person does not participate in the determination of identity or if the identity of the person cannot be immediately ascertained for other reasons, the criminal police shall be entitled to search the identity of the person according to § 117 Z for the purpose of determining the identity. 3 lit. a of itself to be carried out.

Search of places and objects as well as persons

§ 119. (1) The search for places and objects (§ 117 Z 2) shall be permitted if, on the basis of certain facts, it is to be assumed that there is a person who is suspected of a criminal offence, or that there are objects or traces that are to be ensured or to be evaluated.

(2) Search of a person (§ 117 Z 3) shall be permitted if the person

1.		have been arrested or have been entered on a fresh deed,
2.		is suspicious of a criminal offence and, on the basis of certain facts, it is to be assumed that they have, in their own right or in their tracks, objects which are subject to the freezing of such offences,
3.		may have suffered injuries or may have undergone other changes to the body, the detection of which is necessary for the purposes of criminal proceedings.

§ 120. (1) searches of places and objects according to § 117 Z 2 lit. b and of persons according to § 117 Z 3 lit. b are to be ordered by the public prosecutor's office on the basis of a judicial authorization; in the case of danger in default, however, the Criminal Investigation Department is entitled to carry out these searches on a provisional basis without order and authorization. However, in this case the victim must not be compelled to be searched against his will (§ § 119 (2) (3) and 121 (1) last sentence).

(2) searches according to § 117 Z 2 lit. a and according to § 117 Z 3 lit. a can carry out the criminal police on its own.

§ 121. (1) Before any search is made, the person concerned shall be required, stating the reasons for the search, to allow the search to be carried out or to issue the said person voluntarily. Except in the case of danger in default and in the case of Section 119 (2) (1), this request must be waited. The application of compulsion (§ 93) is inadmissible in the case of the search for a person pursuant to § 119 para. 2 Z 3.

(2) The person concerned shall have the right to be present at a search in accordance with § 117 Z 2, as well as of such a search and a search in accordance with § 117 Z 3 lit. b a person of his or her trust is to be assigned; for these, § 160 para. 2 shall apply mutatily. If the owner of the apartment is not present, a grown roommate can exercise his rights. If this is not possible, then the search is to be taken by two uninvolved, trustworthy persons. This may only be waited if there is a risk of default. A search in rooms exclusively devoted to the exercise of the profession of one of the persons referred to in § 157 (1) (2) to (4) shall be a representative of the respective legal representation of interests or of the media owner or a representative of the respective legal representative or the media owner. to join him with reputable representatives.

(3) In the case of implementation, the unavoidable degree of harassment, harassment and disturbance shall be limited. The property rights and personal rights of all persons concerned shall be preserved as far as possible. A search of persons according to § 117 Z 3 lit. (b) should always be carried out by a person of the same sex or by a doctor, while respecting the dignity of the person to be examined.

§ 122. (1) The criminal police shall report as soon as possible to the Public Prosecutor's Office (Section 100 (2) (2)) of each search pursuant to section 120 (1) of the last sentence, which in retrospect a decision of the General Court on the admissibility of the search (§ § 100 (2)). 99 (3)). If the authorization is not granted, the Public Prosecutor's Office and the Criminal Investigation Office shall, together with the legal means at their disposal, establish the legal status corresponding to the court's decision.

(2) If, in the case of a search, objects are found which permit the commission of a person other than the offence to be concluded, the search is carried out, they shall be ensured; however, a special protocol must be provided to this effect and immediately the prosecutor's office will be reported.

(3) In any case, a confirmation of the search and the result thereof and, where appropriate, the order of the Public Prosecutor's Office and the court decision shall be issued immediately or at the latest within 24 hours, or .

Physical examination

§ 123. (1) A physical examination shall be admissible if:

1.		on the basis of certain facts, it is to be assumed that a person has left traces, the freezing of which is essential for the investigation of a criminal offence,
2.		on the basis of certain facts, it is to be assumed that a person hides objects in the body subject to the guarantee, or
3.		The facts which are relevant for the investigation of an offence or the assessment of the eligibility of the offence cannot be established in any other way.

(2) A physical examination as referred to in paragraph 1 Z 1 shall also be permitted for persons belonging to a group of persons who are individualized by certain characteristics, if, on the basis of certain facts, it is to be assumed that the perpetrator is in this He is responsible for the investigation of a criminal offence or a crime after 10 years of imprisonment, which is threatened with more than five years ' imprisonment. Otherwise, the section of the penal code would be much more difficult.

(3) A physical examination shall be ordered by the public prosecutor's office on the basis of a judicial authorization. In the event of a risk of delay, the investigation may also be carried out on the basis of an order by the Public Prosecutor's Office, but in this case the Public Prosecutor's Office will have to obtain the judicial authorization without delay. If this is not granted, the Public Prosecutor's Office shall immediately withdraw the order and destroy the result of the physical examination. However, the criminal police department can take away a mouth of the mouth from itself.

(4) Operative interventions and all interventions that could cause a health damage of more than three days duration are inadmissible. Other interventions may be carried out if the person to be examined expressly agrees to the possible consequences after prior clarification. Without the consent of the person concerned, a blood withdrawal or a comparable minor intervention, in which the occurrence of other than merely negligible consequences is excluded, shall be carried out if:

1.		the person is suspected of having committed an offence against limb or life by carrying out a dangerous activity in an alcoholic or otherwise affected state by an intoxicating agent; or
2.		the physical examination of the accused in order to enlighten a criminal offence or a crime threatened with more than five years of imprisonment after the 10. Section of the penal code is required.

(5) Any physical examination must be carried out by a doctor; however, a mouth-cavity smear may also be taken from another person who is particularly well trained for this purpose. Moreover, the provisions of § § 121 and 122 (1) of the last sentence and 3 on the search apply mutatily.

(6) As evidence, the results of a physical examination may only be used if:

1.		the conditions for a physical examination have been met,
2.		the physical examination has been legally ordered and
3.		the use for the detection of a criminal offence which has been or could have been arranged for the purpose of physical examination.

(7) Results of a physical examination carried out for other than criminal procedural grounds may be used in criminal proceedings only as evidence if this is evidence of a criminal offence deretted by the physical Investigation could have been ordered.

Molecular genetic investigation

§ 124. (1) In order to clarify a criminal offence, it is permissible to investigate, on the one hand, biological traces and, on the other hand, material belonging to or belonging to a particular person, in order to assign the trace of a person or to assign the trace to a person. To establish the identity of a person or his/her lineage and to match the results of molecular genetics lawfully obtained in accordance with this law or in accordance with the Security Policy Act.

(2) A molecular-genetic examination shall be ordered by the Public Prosecutor's Office on the basis of a judicial authorisation, unless it is merely a biological crime scene; such an investigation may be investigated by the Criminal Investigation Department .

(3) With the molecular genetic examination, an expert from the field of judicial medicine is to be appointed. This is to be handed over to the investigative material in an anonymized form. In addition, it is necessary to ensure that data from molecular genetic tests can only be assigned to a specific person in so far as this is intended for the purpose of the investigation (paragraph 1). 1 and 4) is required.

(4) Inquiry into or belonging to a particular person, and the results of the investigation may be used and processed only as long as the assignment to the trace or identification of the identity or of the Descent is not excluded; after that, they are to be destroyed. Security policy regulations (§ § 65 to 67, 70 SPG) remain unaffected.

(5) Data which have been determined on the basis of this provision shall be transmitted to the security authorities at their request, insofar as the identification and processing of these data would be permissible in accordance with security policy regulations (§ § 65 to 67, 70 SPG).

Section 3

Experts and interpreters, corpses and autopsy

Definitions

§ 125. For the purposes of this law,

1.		"expert" means a person who, on the basis of special expertise, is able to establish evidence of evidence (ingestion) or to draw conclusions from those facts and to justify it (reappraisal),
2.		"interpreter" means a person who, on the basis of special knowledge, is able to translate from the language of the proceedings into another language or from another language into the language of the proceedings;
3.		"Track of the body" means the inspection of the external condition of a corpse,
4.		"obduction" means the opening of a corpse by an expert for the purpose of determining the cause and cause of death or of other circumstances which are essential for the investigation of an offence.

Experts and interpreters

§ 126. (1) Experts are to be ordered when special expertise is required for investigations or evidence, through which the law enforcement authorities, through their organs, special facilities or persons permanently employed by them, do not have. Interpreters are to be ordered within the framework of the translation assistance and then when a person is heard, who is not familiar with the language of the proceedings (§ 56), or if essential documents for the investigation are to be translated into the language of the proceedings.

(2) As experts and interpreters, it is above all persons who are to be ordered into an expert or interpreter list (Section 2 (1) of the Federal Law on the General Legal Experts and Interpreters, BGBl. No 137/1975). If other persons are appointed as experts or interpreters, they must first be informed of their essential rights and obligations.

(3) However, experts shall be appointed by the Public Prosecutor's Office, for judicial investigations or evidence (§ § 104, 105) and for the main proceedings (Section 210 (2)), however, by the court. The parties involved in the proceedings and the criminal investigation procedure shall be notified of the person to be appointed. If there is a risk of default, this agreement may also be made after the order has been placed. The parties to the proceedings shall have the right to object to the selected person within a period of time to be determined appropriately; they shall be informed of this.

(4) For experts and interpreters, the reasons for the partiality of Section 47 (1) shall apply mutagenly. Insofar as they are caught or in doubt their subject-matter is in doubt, they are from the public prosecutor's office, in the case of an order by the court of this, ex office or due to objections (para. 3), if there is a reason to be caught in accordance with Section 47 (1) (1) (1) and (2), if there is any other invalidity. In the main proceedings, the partiality of an expert or interpreter may not be invoked merely on the grounds that he has already been involved in the investigation procedure.

§ 127. (1) Experts and interpreters shall be entitled to charges in accordance with the Fees Act 1975. If there are no special reasons to do so, they should be allowed to be present in the case of interrogations and shall be granted access to the file to the extent necessary. They are subject to official secrecy.

(2) Experts shall submit the findings and the expert opinion to the best of their knowledge and knowledge and in accordance with the rules of their science or art or their trade. They have to follow the charges of the public prosecutor's office and the court, and to answer questions in negotiations, interrogations and Tatreconstructions. In the case of the uptake, they shall also give the public prosecutor's office, the victim, the private person, the accused and their representatives the opportunity to be present, insofar as this is possible in the circumstances and the admission of the funds. or legitimate interests of persons.

(3) Where the findings are indeterminate or the opinion is contradictory or otherwise deficient or the information provided by two experts on the facts they perceivable or the conclusions drawn from them differ considerably from one another and can be used to: If the concerns are not removed by questioning, then another expert is to be consulted. If it is a matter of evaluating mental health conditions and developments, then in such a case the expert opinion of an expert with a teaching authority at a university in Germany or abroad is to be obtained.

(4) Interpreters have to translate to the best of their knowledge and consciences, to follow the charges of the Public Prosecutor's Office and the Court of First Instance and to answer questions in negotiations, interrogations and Tatreconstructions.

(5) Where an expert or an interpreter substantially exceeds the time limit set for him to repay the evidence or opinion or the translation despite a reminder, he may be relieved of his office. In addition, if the expert or interpreter is responsible for the delay, the court may impose a fine of up to EUR 10 000 on him.

Leichenbeschau and Obduction

§ 128. (1) Unless a natural death is established, the criminal police shall, if necessary, consult a doctor and, in principle, visit the place of discovery to visit the external nature of the body, the Public Prosecutor's Office on the outcome of the Report the body of the body (§ 100 sec. 2 Z 2) and ensure that the corpse is available for the case of the autopsy.

(2) An obduction shall be admissible if it cannot be ruled out that the death of a person has been caused by a criminal offence. It is to be ordered by the public prosecutor's office, who has to carry out the execution of the head of an institute for judicial medicine of a university.

(3) If this is necessary for the clarification of a criminal offence, the exhumation of a corpse for the purpose of an obduction (paragraph 1) is also necessary. 2) allowed. It must be ordered by the public prosecutor's office.

Section 4

Observation, covert investigation and apparent business

Definitions

§ 129. For the purposes of this law,

1.		"Observation" the secret monitoring of the behaviour of a person,
2.		"covert identification" means the use of criminal police bodies or other persons on behalf of the criminal police who do not disclose or reveal their official status or mission,
3.		"apparent business" means the attempt or the apparent execution of criminal offences, to the extent that they exist in the acquisition, seization, possession, entry, export or execution of objects or assets that have been alienated from a crime or the commission of such a person, or the possession of which is absolutely prohibited.

Observation

§ 130. (1) Observation shall be admissible if it appears necessary to clarify a criminal offence or to investigate the residency of the accused.

(2) The use of technical means which, by means of the transmission of signals, enable a determination of the spatial area in which the monitored person is holding, and the opening of vehicles and containers for the purpose of the introduction of such equipment. technical assistance is permitted in order to support surveillance, provided that the observation would otherwise be unscrutable or substantially difficult.

(3) Where the Observation

1.		through the use of technical means (para. 2) is supported,
2.		over a period of more than 48 hours, or
3.		is or is to be carried out outside the Federal territory,
it shall be admissible only if there is a suspicion of an intentional offence which is punishable by more than one year's imprisonment and, on the basis of certain facts, it may be assumed that the person under surveillance is punishable by criminal law. He or she shall be able to establish contact with the accused person or be able to determine the presence of a volatile or absent person.

Hidden investigation

Section 131. (1) A covert investigation shall be admissible if it appears necessary for the purpose of investigating a criminal offence.

(2) A systematic, longer-term covert investigation shall be permitted only if the investigation of an intentional offence punishable by more than one year's imprisonment or the prevention of an offence committed within the framework of a criminal offence is permitted. a criminal or terrorist organisation or a criminal organisation (§ § 278 to 278b of the Criminal Code) would otherwise be significantly impeded. To the extent that this is essential for information or prevention, it is also permissible, in accordance with Section 54a of the SPG, to establish documents which deceive the identity of an organ of the criminal police and to provide them with legal services for the purpose of fulfilling the Investigation for use.

(3) The covert investigator shall be led by the criminal police and shall be regularly monitored. His use and his immediate circumstances, as well as information and communications obtained by him, shall be recorded in a report or in an official note (§ 95), provided that they may be of importance for the investigation.

(4) Apartments and other rooms protected by domestic law may only be entered into concealed investigators in agreement with the owner. The consent must not be brought about by deception via access authorization.

Apparent Business

§ 132. The execution of a shabby is permissible if the enlightenment of a crime (§ 17 para. 1 StGB) or the freezing of objects or assets stemming from a crime or from the decay (§ 20b StGB) or from the Confiscation (§ 26 StGB) is threatened, otherwise it would be considerably more difficult. Under these conditions, it is also permissible to contribute to the execution of a shabby by third parties (§ 12 third case StGB).

Common provisions

§ 133. (1) Observation pursuant to section 130 (1) and concealed investigation pursuant to section 131 (1) may be carried out by the criminal police on its own. Observation in accordance with § 130 (3) and covert investigation pursuant to § 131 (2) and the conclusion of a shrewelling under § 132 are to be ordered by the Public Prosecutor's Office.

(2) Observation pursuant to section 130 (3) and concealed investigation pursuant to section 131 (3) may only be ordered or approved for that period of time which is likely to be necessary to achieve its purpose, but for a period of one month, in the case of a hidden identification for a maximum of three months. A new order is permitted in each case, provided that the conditions are maintained and, on the basis of certain facts, it is to be assumed that the further observation or the further implementation of covert investigations will succeed; § 99 (2) however, is not applicable. Observation and covert investigation shall be terminated if their conditions are not met, if their purpose is reached or is likely to cease to be achieved, or if the public prosecutor's office orders the recruitment.

(3) Observation, covert investigations and hypocrisy are to be carried out by the Criminal Invescrime Police. The use of technical means for the optical or acoustic monitoring of persons in the course of these investigative measures is permissible only under the conditions of § 136.

(4) After termination of the surveillance pursuant to § 130 (2) and the covert investigation pursuant to section 131 (2) and after the closure of the shrec, the accused and the person concerned shall be responsible, if their identity is known or without special procedural effort , it is possible to establish the arrangements and authorisations referred to in paragraphs 1 and 2. However, this service may be postponed until such time as it is jeopardised by the purpose of the investigation in the case or in another case.

Section 5

Seizure of letters, information on the data of a message transmission and monitoring of messages and persons

Definitions

§ 134. In the sense of this federal law,

1.		"seizure of letters" means the opening and retention of telegrams, letters or other consignments sent to or addressed to the accused person,
2.		"Information on the data of a communication" means the granting of information on traffic data (§ 92 para. 3 Z 4 TKG), access data (§ 92 para. 3 Z 4a TKG) and location data (§ 92 para. 3 Z 6 TKG) of a telecommunication service or a service of the Information Society (§ 1 (1) (2) of the Law on the Notification of Notification),
3.		"Monitoring of news" means the determination of the content of messages (§ 92 paragraph 3 Z 7 TKG), which is exchanged via a communication network (§ 3 Z 11 TKG) or a service of the information society (§ 1 paragraph 1 (1) Z 2 of the Notification Act), or be forwarded,
4.		"optical and acoustic surveillance of persons" means the monitoring of the behaviour of persons in breach of their privacy and the statements made by persons not intended for the immediate knowledge of third parties, using technical means for image or sound transmission and for image or sound recording without knowledge of the persons concerned,
5.		"Result" (the seizure, information or surveillance referred to under Z 1 to 4) the content of letters (Z 1), the data of a message transmission or the content of transmitted messages (Z 2 and 3) and the image or sound recording of a Monitoring (Z 4).

Seizure of letters, information on the data of a message delivery and monitoring of news

§ 135. (1) The seizure of letters shall be admissible if it is necessary for the investigation of an intentionally committed offence punishable by more than one year's imprisonment and the accused is in detention for such act, or its performance or arrest has been ordered.

(2) Information on the data of a communication is permitted,

1.		if and as long as there is an urgent suspicion that a person affected by the information has abducted or otherwise empowered another person, and that the information is limited to data of such a message, from which it is to be assumed that he or she is at the time of deprivation of liberty, transmitted, received or sent by the accused,
2.		if it is to be expected that it may encourage the investigation of an intentional offence punishable by a custodial sentence of more than six months, and the holder of the technical establishment, the origin or destination of a criminal offence. the transmission of messages was or will be, which expressly agrees with the information, or
3.		if it is to be expected that this will facilitate the investigation of a deliberately committed offence punishable by a custodial sentence of more than one year and, on the basis of certain facts, it may be assumed that this would result in data from the Accused persons can be identified.

(3) Monitoring of messages is permitted,

1.		in the cases referred to in paragraph 2 (1),
2.		in the cases referred to in paragraph 2 (2), where the holder of the technical establishment, the origin or destination of a transmission of messages, agrees to the supervision,
3.		where it appears necessary to clarify an intentionally committed offence punishable by a custodial sentence of more than one year, or to clarify or prevent the investigation or prevention of a criminal or terrorist organisation, or a criminal organisation (sections 278 to 278b of the Criminal Code) would otherwise be significantly impeded or planned to be punishable by law and the holder of the technical facility, the origin or destination of a transmission of messages, or his/her is, as a matter of urgency, being suspected of having committed or planning to do so,
4.		if it is to be expected, on the basis of certain facts, that the presence of a fugitive or absenteel person who has committed a criminal offence committed intentionally, with more than one year's imprisonment, as a matter of urgency, is likely to is to be determined.

Optical and acoustic monitoring of persons

§ 136. (1) Optical and acoustic surveillance of persons shall be permitted,

1.		if and as long as there is an urgent suspicion that a person affected by the monitoring is abducting or empowering another person, and that the monitoring of events and statements at the time and place of the deprivation of liberty ,
2.		if it is limited to events and statements which are intended for the knowledge of a covert investigator or otherwise of a person informed by the surveillance, or which can be directly perceived by him, and to the information of a crime (§ 17 para. 1 StGB), or
3.		if the enlightenment of a crime or the crime of the criminal organization or of the terrorist organisation threatened with more than ten years imprisonment (§ § 278a and 278b StGB) or the enlightenment or prevention of in the framework of the offences committed by such an organisation or association, or the identification of the residence of the person accused of such a criminal offence, would otherwise be indiscriminate or substantially impeded; and
a.			the person against whom the surveillance is directed, the crime threatened with more than ten years ' imprisonment or a crime under § 278a or § 278b of the StGB (German Criminal Code) is urgently suspected or
b.			on the basis of certain facts, it is to be assumed that a contact of a person who is in such a way as a matter of urgency is made with the person against whom the surveillance is directed.

(2) In so far as this is unavoidable in order to carry out a surveillance pursuant to paragraph 1 (1) (3), it is permissible to enter into a certain dwelling or in other rooms protected by the house law, if, on the basis of certain facts, it is to be assumed that the Accused the affected rooms of being used.

(3) In addition, the optical surveillance of persons for the purpose of investigating a criminal offence shall be permitted,

1.		if it is limited to operations outside an apartment or other premises protected by the house-law, and only for the purpose of observing objects or locations, in order to record the behaviour of persons with whom the property is situated; come into contact or enter the localities, or
2.		if it is carried out exclusively for the purpose mentioned in Z 1 in an apartment or other premises protected by the house law, the enlightenment of a deliberately committed offence punishable by a custodial sentence of more than one year, would otherwise be considerably more difficult and the owner of this apartment or rooms in the surveillance expressly consents.

(4) Monitoring shall only be permitted in so far as proportionality (§ 5) is respected. Moreover, a surveillance pursuant to paragraph 1 Z 3 for the prevention of offences committed or planned within the framework of a terrorist organisation or a criminal organisation (§ § 278a and 278b StGB) is only permissible if certain facts are close to a serious threat to public safety.

Common provisions

§ 137. (1) A surveillance in accordance with § 136 (1) Z 1 can be carried out by the criminal police on its own. The other investigative measures in accordance with § § 135 and 136 are to be ordered by the public prosecutor's office on the basis of a judicial authorization, whereby the intrusion into rooms according to § 136 para. 2 requires in each case a judicial authorization.

(2) In the case of the seizure of letters, § § 111 (4) and (112) shall apply in the appropriate sense.

(3) Investigation measures in accordance with § § 135 and 136 may only be arranged for such a future period, in the cases of § 135 (2) also past period, which is likely to be necessary to achieve their purpose. A new order shall be permitted in each case, if it is to be assumed, on the basis of certain facts, that the further implementation of the investigative measure will be successful. In addition, the investigative measure must be terminated as soon as its conditions are eliminated.

§ 138. (1) The order and the court approval of a seizure of letters pursuant to section 135 (1) shall have the name of the proceedings, the name of the accused, the act of which the accused is suspicious and their legal name, as well as the Facts that result from the fact that the order or permission to enlightenment is necessary and proportionate, and the arrangement and approval of an investigative measure in accordance with § § 135 (2) and (3) and (136) shall also have to be carried out. contain:

1.		the names or other identification characteristics of the holder of the technical equipment, the origin or destination of a transmission of messages, or the person whose surveillance is being ordered,
2.		the locations envisaged for the implementation of the investigative measure;
3.		the nature of the transmission of communications, the technical equipment and the terminal equipment or the type of technical means likely to be used for optical and acoustic surveillance,
4.		the date of the start and the end of the surveillance;
5.		the rooms to which an order may be placed,
6.		in the case of section 136 (4), the facts from which the grave danger to public security arises.

(2) The operators of postal and telegraph services shall be required to participate in the seizure of letters and to withhold such broadcasts by order of the Public Prosecutor's Office until such time as a judicial authorisation has been issued; If the authorisation does not take three days, they shall not be allowed to postpone the transport further. Providers (§ 92 (1) Z 3 TKG) and other service providers (§ § 13, 16 and 18 (2) of the E-Commerce-Act, BGBl. I n ° 152/2001) are obliged to provide information on the data of a communication (Section 135 (2)) and to participate in the monitoring of news (§ 135 (3)).

(3) The obligation pursuant to paragraph 2 and its scope as well as the obligation to keep secret the facts and transactions relating to the order and the authorization to third parties shall be subject to the obligation of the public prosecutor's office to: This order shall be subject to the appropriate judicial authorisation. § § 93 (2), 111 (3) and the provisions relating to the search shall apply mutatily.

(4) The Public Prosecutor's Office has to examine the results (§ 134 Z 5) and to have those parts transferred in an image or written form and to the files which are of importance for the proceedings and may be used as evidence (§ § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 140 (1), 144, 157 (2)).

(5) At the end of an investigative measure in accordance with § § 135 (2) and (3) and 136, the Public Prosecutor's Office has its order and its judicial authorization to the accused and to the persons affected by the conduct of the investigation. to be notified without delay. However, the service may be postponed as long as the purpose of this or any other procedure is threatened by it. If the investigative measure has been commenced later or has been terminated earlier than the dates referred to in paragraph 1 Z 4, the period of actual implementation shall also be notified.

§ 139. (1) The accused shall be allowed to consult and listen to the entire results (§ 134 Z 5). However, as far as the legitimate interests of third parties so require, the Public Prosecutor's Office has to take out parts of the results which are not relevant to the proceedings, from the information received by the accused. This shall not apply to the extent that the results are used during the main negotiation.

(2) The persons concerned by the conduct of the investigative measure shall have the right to see the results in so far as their data of a messaging, for them certain messages or messages emanating from them or guided by them Conversations or images on which they are displayed are affected. The public prosecutor's office shall inform those persons of this right and the right to which they are entitled pursuant to paragraph 6 of this Article, if their identity is known or can be determined without any special procedural effort.

(3) At the request of the accused, further results are to be transferred in image or written form if these are relevant for the procedure and their use is admissible as evidence (§ § 140 (1), 144, 157 (2)).

(4) At the request of the accused or on its own initiative, results of the investigative measure shall be destroyed if they cannot be of significance for a criminal procedure or may not be used as evidence. This right of application shall also be entitled to the persons concerned by the investigating measure, in so far as they have been affected by certain or outgoing messages or images on which they are represented, or by conversations conducted by them.

§ 140. (1) Results (§ 134 Z 5), in case of other invalidity, may be used as evidence only,

1.		if the conditions for the investigative measure pursuant to § 136 (1) (1) (1) were available,
2.		if the investigative measure has been lawfully ordered and approved in accordance with § § 135 or 136 (1) Z 2 or 3 or paragraph 3 (§ 137), and
3.		in the cases of § 136 (1) (2) and (3) only for the purpose of proof of a crime (§ 17 para. 1 StGB),
4.		in the cases of § § 135 (1), (2) (2) and (3) (3) (3) (2) to (4) only for the purpose of proof of an intentionally committed offence, which has been or could have been arranged for the purpose of the investigative measure.

(2) In the event of an examination of the results, references to the commission of a criminal offence other than that which has given rise to monitoring shall be subject to a separate act with this part of the results, to the extent that the use as such shall be deemed to be Evidence is admissible (par. 1, § 144, § 157 (2)).

(3) In other judicial and administrative proceedings, results may only be used as evidence in so far as their use was or would be admissible in criminal proceedings.

6.

Automation-supported reconciliation

Reconciliation

§ 141. (1) For the purposes of this Act, "Reconciliation" is the automatic comparison of data (§ 4 Z 1 DSG 2000) of a data application containing certain characteristics that characterise or exclude the alleged offender, with data from another Data application containing such characteristics to identify persons who are considered as suspects on the basis of these characteristics.

(2) Data reconciliation is permissible if the investigation of a crime (Section 17 (1) of the Criminal Code) would otherwise be significantly impeded and only such data are included, the courts, prosecutors and security authorities for the purposes of an already have been identified or processed on the basis of existing federal or state laws.

(3) If the enlightenment of a crime threatened with more than ten years ' imprisonment or a crime according to § 278a or § 278b of the German Criminal Code (StGB) would otherwise be hopelessly or significantly impeded, it is permissible for data to be included in a data-data collection, the courts and prosecutors as well as the criminal police pursuant to Article 76 (2) are to be transmitted, and to include data on persons who have referred to certain goods or services from a particular undertaking or to the members of Personal associations of private law or of legal persons of the Private law or public law.

(4) Sensitive data (§ 4 Z 2 DSG 2000) may not be included in a data reconciliation. This does not apply to data on nationality, data on the actual designation of a group of perpetrators, as well as for data, the public prosecutors or the security authorities by means of recognition service measures, by the search of a person, have been legally determined by physical examination or by molecular genetic analysis, provided that such data are used exclusively for the purposes of reconciliation in accordance with paragraph 1. Data from associations of persons whose purpose is directly related to one of the particularly protected characteristics may not be included in a data reconciliation in any case.

Implementation

Section 142. (1) The data shall be arranged by the public prosecutor's office on the basis of a judicial authorization. The public prosecutor's office or the criminal police have to transfer this result of the reconciliation in writing to the extent that it is relevant to the procedure.

(2) The arrangement of the data retrieval and its judicial authorization shall contain, in addition to the information specified in section 102 (2):

1.		the description of the characteristics of which the search is sought,
2.		the data application (§ 4 Z 7 DSG 2000) and those of its data, which contain the required characteristics,
3.		the contracting entities responsible for the transmission of data (§ 4 Z 4 DSG 2000).

(3) An order in accordance with paragraph 2 shall be notified to the Data Protection Commission and to all persons who are researched by the reconciliation; however, the notification to the persons being researched may be postponed , as long as the purpose of this or any other criminal proceedings which has already been pending is at risk.

Obligation to contribute

§ 143. (1) Each contracting authority of a data application whose data is to be included in a reconciliation in accordance with § 141 shall be obliged to search the data application for the characteristics sought and all data containing these characteristics shall be searched on a electronic media in a commonly used file format. In addition to the sought-after characteristics, he has to confine himself to the transmission of the names, dates of birth and addresses. After that, he has to destroy any results of the search process and-by way of derogation from § § 14 (2) (7) and (3) to (4) DSG 2000-merely to record the data of the transmission and the arrangement according to paragraph 2.

(2) The obligation referred to in paragraph 1 shall apply to the contracting authority with a separate order; this order shall be subject to the appropriate judicial authorization. § § 93 (2) and (112) as well as the provisions relating to the search shall apply mutatily.

Section 7

Religious secrecy and professional secrecy

Protection of religious secrecy and professional secrecy

§ 144. (1) The spiritual secrecy is protected (§ 155 Z 1), it must not be circumvented in the event of any other invalidity, in particular not by arranging or carrying out the investigative measures contained in this main piece. The arrangement or implementation of optical or acoustic surveillance of clergymen using technical means in confessional chairs or in rooms intended for spiritual debate shall in any case be inadmissible.

(2) The arrangement or implementation of the investigative measures contained in this main piece is also inadmissible, insofar as this circumvents the right of a person to refuse the statement in accordance with § 157 (1) Z 2 to 4.

(3) There is no prohibition of circumcration pursuant to paragraph 1, first sentence or para. 2, in so far as the person concerned himself is in urgent need of suspicion. In such a case, an authorisation of the legal protection officer (Section 147 (2)) is required in order to arrange and carry out an investigative measure in the cases of Section 135 (2) and (3) as well as § 136 (1) (2) and (3).

8. Section

Special implementing measures, legal protection and compensation

Special implementing provisions

§ 145. (1) All results of one of those in the 4. to 6. Section governed by the Public Prosecutor's Office shall be held by the Public Prosecutor's Office and shall be sent to the General Court for the purpose of bringing the charges. The Court of First Instance has to delete these results after the final conclusion of the proceedings, insofar as they are not used as evidence in another criminal case which has already been brought before the Court. The same applies to the Public Prosecutor's Office in the case of the termination of the proceedings.

(2) Orders and authorisations of these investigative measures (par. 1), their court orders, as well as the results transferred in an image or writing form (§ 134 Z 5) must first be kept separately and only then to be taken to the act if the order in question is legally binding on the accused person. , at the latest, however, when the prosecution is brought into effect. Until such time as the order has been delivered to the accused, they may be exempted from the inspection by this person and by private persons and victims if it is to be feared that otherwise the purpose of the investigation or the rights of the person concerned shall be: of persons affected by these investigative measures would be at risk; moreover, section 51 (2) shall apply.

(3) As long as the results of an investigative measure in the cases of § 135 (2) and (3) and § 136 (1) (2) and (3) of an investigative measure are not taken into account as long as in the form of an image or written form, they are, together with the associated orders, judicial authorities, To keep permits and other files under closure. The Federal Minister of Justice has to be determined by regulation.

Legal protection

§ 146. (1) The Federal Minister of Justice has, in order to exercise special legal protection after this section, after obtaining a joint proposal by the President of the Constitutional Court, the Chairman of the People's Office and the President the Austrian Bar Association shall appoint a legal protection officer as well as the required number of deputies with their consent for a period of three years; reorders shall be admissible. The proposal has at least twice as many names to be ordered as people to order.

(2) The legal protection officer and his/her deputies must have special knowledge and experience in the field of fundamental rights and freedoms and must have worked for at least five years in a profession in which the completion of the studies of The law is a prerequisite for the law and the exercise of which has gained experience in criminal and criminal proceedings. Judges and prosecutors of the office, lawyers who are registered in the list of lawyers, and other persons who are excluded or not to be appointed by the office of a jury or spoon (§ § 2 and 3 of the German law) Sworn-and Schöffengesetz 1990), must not be ordered.

(3) The appointment of the legal protection officer and his deputy shall be issued in the event of a waiver, in the event of death, with the end of the period of order or due to subsequent incompatibility pursuant to paragraph 2; however, in the event of the end of the period of completion of the order, it shall not be before the new appointment of a legal protection officer. In the cases of Section 43 (1), the legal protection officer has to abstain from the point in time when he became aware of the reason for writing in the case.

(4) The legal protection officer shall be independent in the performance of his duties and shall not be bound by any instructions. He is subject to official secrecy. His deputies have equal rights and duties.

(5) In the case of the legal protection officer, it shall be made in the course of the office of the Supreme Court, which shall also be responsible for the legal affairs of the legal protection officer.

(6) The legal protection officer shall be charged as compensation for the performance of his duties under this section for each, albeit only a commenced hour, one tenth of the compensation of a substitute member of the Constitutional Court for a Sitting day (Section 4 (3) of the Constitutional Court Act). For the remuneration of his travel expenses, the provisions of the travel fee rule shall apply to federal staff, with the proviso that his place of residence shall be deemed to be a place of service and that the travel allowance in the fee level 3 shall be due to him. The Federal Minister of Justice is responsible for the assessment of the fees charged to the legal protection officer.

§ 147. (1) The legal protection officer shall be responsible for the examination and control of the arrangement, authorisation, authorisation and implementation

1.		a covert investigation pursuant to section 131 (2),
2.		the conclusion of a shabby according to § 132,
3.		an optical or acoustic monitoring of persons according to § 136 (1) (3), (3),
4.		an automation-supported reconciliation according to § 141 as well as
5.		information on the data of a communication, a monitoring of messages and an optical and acoustic monitoring of persons in accordance with § § 135 (2) and (3), 136 (1) Z 2, which is directed against a person who, according to § 157 (1) (1) (1) (a), is directed against a person. 1 Z 2 to 4 is entitled to refuse the statement (Section 144 (3)).

(2) In case the Public Prosecutor's Office applies for the judicial authorization of an investigative measure referred to in paragraph 1, it shall at the same time have the legal protection officer a copy of the application, together with a copy of the notification and the relevant Investigation results. The same applies to orders and authorisations of the investigative measures referred to in paragraph 1 (1) and (2) by the Public Prosecutor's Office. In the case of Section 144 (3), the Public Prosecutor's Office shall at the same time ask for authorisation to submit the application. The legal protection officer may only grant an authorisation to an application for the authorisation of a supervision pursuant to § 136 (1) Z 3 in the rooms reserved exclusively for the professional practice of one of the persons referred to in § 157 (1) Z 2 to 4. if there are particularly serious reasons for making this intervention proportionate.

(3) The order and the authorization of the investigative measure referred to in paragraph 1 shall immediately inform the Office of the Public Prosecutor's Office, together with copies of all the documents which may be relevant for the assessment of the reasons for the order. shall be transmitted. This is against an order pursuant to paragraph 1 Z 1 or 2 objection, against the authorization of an investigative measure pursuant to paragraph 1 Z 3 to 5 of the appeal; this right shall expire with the expiry of the appeal period of the accused.

(4) Upon completion of the investigative measure, the legal protection officer shall be given the opportunity to consult and consult the entire results before they are taken to the act (Section 145 (2)). He is also entitled to apply for the destruction of results or parts of them (Section 139 (4)) and to be convinced of the orderly destruction of these results. The same is true for the proper deletion of data that has been included in or obtained through a reconciliation. If the Public Prosecutor's Office does not intend to comply with such a request by the Legal Protection Officer, it shall immediately seek the decision of the Court of First Instance.

(5) By 31 March each year, the legal protection officer shall report to the Federal Minister for Justice on his work and perceptions concerning the application of the provisions relating to the investigative measures in question in the preceding year.

Compensation

§ 148. The Federal Government is liable for the disadvantages of property law which have arisen as a result of the implementation of the supervision of persons pursuant to § 136 (1) Z 3 or a reconciliation pursuant to § 141. The replacement claim shall be excluded if the injured party intentionally brought about the order. Any further claims shall remain unaffected. The procedure is the Official Liability Act, BGBl. No 20/1949.

Section 9

Eye view and Tatreconstruct

Eye view and Tatreconstruct

Section 149. (1) For the purposes of this Act,

1.		"Augenschein" means any direct sensual perception and its documentation through sound or image recording, in so far as it is not an interrogation,
2.		"Tatreconstruct" means the questioning of a person in the course of an adjustment of the probable course of action at the scene of the crime, or of another person in connection with the offence, as well as the recording of sound or images of these events.

(2) A visual appearance may be carried out by the Criminal Invescrime Police. If he or she requires special expertise in which criminal police or public prosecutors do not have special facilities or their organs, he can also carry out the task of carrying out the task of an expert in the context of the reception of the findings. . The way in which the eye is carried out and its results are to be recorded in an official note (§ 95).

(3) A Tatreconstruct shall be effected by the court at the request of the public prosecutor's office (§ 104).

Implementation of the Tatreconstruct

§ 150. (1) The Public Prosecutor's Office, the accused, the victim, the private participant and their representatives shall be given the opportunity to participate in the reconstruction of the Tattoo. You have the right to ask questions as well as to ask for additional investigations and findings. To the extent that the criminal police is not involved in the implementation, it shall be notified of the date.

(2) The accused may be temporarily excluded from participation if his presence could endanger the purpose of the proceedings or require special interests to do so (Section 250 (1)). The victim and the private participant shall be temporarily refused participation if it is to be provided that his presence could influence the accused or witness in the deposition of a free and complete statement. In such cases, a copy of the Protocol shall be forwarded to the interested parties. However, the participation of the defender may not be restricted in any case. In addition, § 97 is to be applied.

Section 10

Inquiries and interrogations

Definitions

§ 151. For the purposes of this law,

1.		"Exploration" means the request of information and the receipt of a communication by a person,
2.		"interrogation" means the questioning of persons after formal information on their position and their rights in the proceedings.

Explorations

§ 152. (1) An investigation shall be used to clarify a criminal offence and to prepare a taking of evidence; the provisions relating to the hearing of the accused and witnesses may not be circumvented by any information about any other invalidity.

(2) As far as the criminal police are not identified, it shall, in the case of an investigation, draw attention to their official position if it is not obvious from the circumstances. The information is provided voluntarily and must not be enforced unless it is to be granted on the basis of a legal obligation.

(3) Information and other circumstances which have been obtained by means of an investigation and which may be relevant to the proceedings shall be recorded in an official note.

Interrogations

§ 153. (1) interrogations shall be used to clarify a criminal offence and to take evidence.

(2) A person who is to be heard is usually to be preloaded in writing. The cargo shall contain the subject matter of the procedure and of the interrogation, as well as the place, day and hour of its beginning. The accused and the victim are to be informed about their essential rights in the proceedings (§ § 50 and 69), insofar as this has not been done before. Everyone is obliged to comply with such a charge and may be brought forward in the event of unjustified leeway if this has been expressly threatened in the summons.

(3) The Public Prosecutor's Office, in the cases of § § 104, 105 and 107 of the Court of First Instance, may order the accused person's performance for immediate questioning if, on the basis of certain facts, it is to be assumed that the accused person would otherwise be responsible for the Withdraw proceedings or impair evidence. If such an arrangement cannot be obtained due to danger in default or if the accused person is entered on a fresh deed or with objects that suggest a commission of the crime, the criminal police can perform it on its own.

Witness and truth

§ 154. (1) For the purposes of this Act, witness a person who is different from the accused person who, in order to clarify the offence, could have directly or indirectly perceived facts or facts relating to the subject-matter of the proceedings, and in the proceedings.

(2) Witnesses shall be obliged to testify correctly and in full.

Prohibition of questioning as a witness

§ 155. (1) In the case of other nullity, witnesses may shall not be heard:

1.		Spiritual knowledge of what has been entrusted to them in confession or otherwise under the seal of spiritual secrecy,
2.		Civil servants (Section 74 (1) (4) to (4c) of the German Civil Code) on circumstances which are subject to the secrecy of the law, in so far as they have not been released from the obligation to concede the law of confidentiality,
3.		Members of a committee pursuant to Art. 53 B-VG and a standing subcommittee set up pursuant to Art. 52a B-VG, as well as persons who were otherwise justifiably present at the meeting, insofar as they are subject to secrecy in accordance with Section 310 (2) of the German Civil Code (StGB) are obliged to:
4.		Persons who are incapable of indicating the truth because of mental illness, mental disability or other reason.

(2) In any case, there is no obligation to maintain secrecy pursuant to paragraph 1 (1) (2) insofar as the witness in the service of criminal justice has made perceptions the subject of the proceedings or is required to be subject to notification (§ 78).

Exemption

§ 156. (1) From the obligation to testify are exempt:

1.		Persons who are to testifies in proceedings against a family member (§ 72 of the German Civil Code), whereby the property of a person established by a marriage is maintained as a family member for the assessment of the entitlement to the denial of validity, even if the marriage is no longer exists,
2.		Persons who may have been injured by the offence charged to the accused and who, at the time of their hearing, have not yet completed the fourteenth year of their life or may have been injured in their sexual sphere if the The parties had the opportunity to take part in a previous concursory acceptance (§ § 165, 247).

(2) According to Section 1 (1), an adult person who acts as a private participant in the proceedings (§ 67) is not exempted from the statement.

(3) If the exemption from the statement in proceedings against several accused persons exists only in relation to one of them, then the witness shall only be exempted from the other in respect of the other, if separation of the statements is not possible. The same shall apply where the reason for the exemption relates only to one of a number of situations.

Denial of evidence

§ 157. (1) In order to refuse the statement, the following shall be entitled:

1.		persons, insofar as they would otherwise be exposed to the risk of criminal prosecution or in connection with criminal proceedings brought against them (Section 156 (1) (1) (1)) of the threat of criminal prosecution or in connection with a criminal proceedings against them, beyond their previous statement to themselves,
2.		Defenders, lawyers, patent attorneys, notaries and business trustees about what has become known to them in this property,
3.		Medical specialists for psychiatry, psychotherapists, psychologists, probation workers, registered mediators under the Civil Law-Mediations Act, BGBl. I n ° 29/2003, and staff of recognised institutions for psychosocial counselling and care of what has become known to them in this capacity,
4.		Media owner (publisher), media employee and employee of a media company or media service on questions concerning the person of the author, consignor or guarantor of contributions and documents or which relate to communications , which have been made with regard to their activities,
5.		Persons entitled to vote on the manner in which they have exercised a right to vote or vote in secret.

(2) The right of persons referred to in paragraph 1 (2) to (5) to refuse to testify shall not be circumvented in the event of any other invalidity, in particular not by means of the freezing and seizure of documents or stored on data carriers. Information or by questioning of the auxiliary staff or persons participating in the professional activity as referred to in paragraph 1 (1) (2) to (4).

§ 158. (1) The answer to individual questions may be refused:

1.		persons who would otherwise be exposed to the shame or to the risk of a direct and significant disadvantage to themselves or to a family (Section 156 (1) (1) (1)),
2.		persons who have been injured or may have been injured in their sex by the offence charged to the accused, in so far as they would have to disclose details of the deed, the description of which they consider to be unreasonable,
3.		Persons in so far as they would have to disclose circumstances from their highest personal living area or the highest personal living area of another person.

(2) The persons referred to in paragraph 1 may, however, be obliged to testify in spite of a refusal, if this is indispensable because of the special importance of their statement for the subject matter of the proceedings.

Information and invalidity

§ 159. (1) witnesses shall be informed of their liberation from the duty of sowing or their right to refuse all or part of the testimony before the beginning of their hearing. If there is evidence of such a right only during the hearing, the information shall be made at that time.

(2) A witness who wishes to claim a reason for exemption or refusal shall, in so far as it is not obvious, credibly make it possible. Statements made above are to be recorded.

(3) If a witness has not expressly waived his or her exemption from the duty of sowing in accordance with Section 156 (1) (1) (1), his entire statement shall be void. If a witness who has a right to refuse to testify in accordance with § 157 (1) Z 2 to 5 has not been informed in due time, that part of his statement to which the right of denial relates is void. The recorded protocol shall be destroyed to this extent.

Performance of the hearing

§ 160. (1) In general, each witness shall be heard individually and in the absence of the parties to the proceedings and other witnesses. Persons who are prevented from following a load by illness or fragility or by other circumstances which may be taken into consideration in other respects may be heard in their home or in their other place of residence.

(2) At the request of the witness, a person of his confidence shall be allowed to be present at the hearing. This right shall be pointed out in the summons. The person who is suspected of involvement in the offence can be excluded as a confidant, who has been or is to be heard as a witness and who else is involved in the proceedings or who makes it possible for his presence to be present to the witness at a to influence free and complete testimony. Confidential persons are obliged to secrecy about their perceptions in the course of questioning (§ 301 para. 2 StGB).

(3) In any event, the questioning of a person who is mentally ill or mentally disabled or who has not yet completed the fourteenth year of life is to be a person of their trust.

Section 161. (1) Before the beginning of the hearing, the witness must be admonided, correct, complete and testify in such a way that he could, if necessary, envy his testimony in court. He shall then be asked about the name and surname, place of birth and date of birth, occupation and place of residence or any other address appropriate to the summons, as well as of his relationship with the accused person. In the case of the presence of other persons, care must be taken to ensure that the personal circumstances of the witness do not become publicly known.

(2) After that, the witness shall be requested to present a coherent account of his perceptions. Then, any ambiguities or contradictions must be resolved.

(3) Questions relating to the witness to circumstances which are to be identified only by his reply may only be asked if this is necessary for the understanding of the relationship; such questions and the relevant Answers are to be recorded literally. Questions relating to any criminal proceedings against the witness and the outcome of such proceedings, as well as questions of circumstances arising from the witness's personal sphere of life, shall not be asked unless this is done in accordance with the specific provisions of The circumstances of the case are essential.

Anonymous statement

§ 162. If, on the basis of certain facts, it is to be feared that the witness, or a third party, by the disclosure of the name and other information relating to the person (Section 161 (1)) or by answering questions which allow conclusions to be made, a serious one. If the risk of life, health, physical integrity or freedom would be suspended, it may be allowed to not answer such questions. In this case, it is also permissible for the witness to change its external appearance in such a way that it cannot be recognized again. However, he is not allowed to conceal his face in such a way that his game cannot be perceived as far as it is indispensable for the assessment of the credibility of his testimony.

Comparison

§ 163. (1) A witness may be confronted by a number of persons, whether open or concealed, among which one is suspected. Before that, the witness must be asked to describe the identification number of the suspect required to distinguish it; this description shall be as similar as possible to the persons facing the suspect. The witness must then be asked to indicate whether he or she discernates a person and, on the basis of what circumstances, he or she is the case. This process is to be recorded and can be supported by suitable imaging methods.

(2) The same applies to the insight into photographs and to the hearing of voice samples. Even if the witness is to recognize objects which are of importance as evidence, he must first of all be asked to describe this object and, if necessary, its distinguishing features.

(3) In addition, a confrontation of the accused or a witness with other witnesses or defendants is admissible if the respective statements differ in significant circumstances from each other and are to be assumed that the clarification of the contradictions in this way. The persons facing each other are to be heard, in particular, for each individual circumstance of their mutually contradicting or contradicting statements; the mutual answers must be recorded.

Questioning of the accused

§ 164. (1) Before the beginning of the hearing, the accused shall be informed of the fact that he is suspicious. He is then informed, in the sense of paragraph 2 and above, that he is entitled to comment on the matter or not to testify and to consult with a defense attorney before this contact cannot be limited in accordance with Section 59 (1). The accused is also aware that his testimony could serve his defense, but could also be used as evidence against him.

(2) The accused shall have the right to join a defender in his interrogation; he shall not take part in the hearing himself in any way, but shall, upon completion thereof, address supplementary questions to the accused person. During the hearing, the defendant may not consult with the defender to answer individual questions. However, the recovery of a defender may, in so far as it may be necessary, avoid any risk to the investigation or impairment of evidence. In this case, if possible, a sound or image recording (§ 97) is to be produced.

(3) The accused person must first of all be asked about his personal circumstances. Then he will be given the opportunity to express himself in a cohesive presentation on the accusation that he has raised against him. Any difficult questions which require special expertise or require an expert's assessment should be allowed to submit an additional written statement within a reasonable time.

(4) No promises or advances or threats or coercive means may be used in order to move the accused to a confession or to other information. The freedom of his/her resolution of will and of his will, as well as his memory and his ability to recollection, must not be impaired by any measures or even interventions in his or her physical integrity. Questions posed to the accused must be clearly and clearly understood and must not be indeterminate, ambiguous, or perversive. Questions relating to circumstances which are to be identified only by his reply may only be asked if this is necessary for the understanding of the relationship; such questions and the answers given thereon shall be subject to the following questions: are to be recorded literally. Questions which deal with a fact that is not granted by the accused are not allowed.

Contradictoric testimonial of the accused or a witness

§ 165. (1) Contradictorious questioning and the recording of sound or image of such a hearing of the accused or of a witness shall be admissible if it is to be provided that the hearing in a main hearing is made up of actual or legal Reasons will not be possible.

(2) The Contradictoric interrogation has to be carried out by the court at the request of the public prosecutor's office in a reasonable application of the provisions of Sections 249 and 250 (§ 104). The court has the opportunity to give the public prosecutor's office, the accused, the victim, the private participant and their representatives the opportunity to take part in the questioning and ask questions.

(3) In the case of the hearing of a witness, in his interest, in particular with regard to his low age or mental or health condition, or in the interest of finding the truth at the request of the public prosecutor's office or of its own motion, restrict the opportunity to participate in such a way that the parties to the proceedings (para. 2) and their representatives can follow the questioning using technical equipment for the transmission of words and images and can exercise their questions without being present during the interview. In particular, if the witness has not yet completed the fourteenth year of life, an expert can be charged with questioning in this case. In any event, it shall be necessary to ensure that an encounter between the witness and the accused and other parties to the proceedings shall be kept as far as possible.

(4) A witness who has not yet completed the fourteenth year of life and who may have been injured in his sexual sphere by the offence to which the accused has been charged, shall in any case have the kind described in paragraph 3 above. and to hear the other witnesses referred to in Section 156 (1) (1) and (2) if they or the Public Prosecutor's Office so request.

(5) Before the hearing, the court also has to inform the witness that the protocol can be read in the main trial and that sound or image recordings of the interrogation can be carried out, even if, in the further proceedings, he/she said: should be refused. To the extent that an expert has been commissioned to carry out the interview (paragraph 2) 3), it is the responsibility of this information and that according to § § 161 (1). Consideration must be given to the age and condition of the witness. The information and statements made thereon shall be recorded.

(6) In addition, the provisions of this Section shall apply mutatily.

Prohibition of evidence

§ 166. To the detriment of an accused person-except against a person accused in connection with a hearing of a breach of the law-his statements and those of witnesses and co-accused in the case of other invalidity may not be proved as proof shall be used as far as they are:

1.		under torture (Art. 7 of the International Covenant on Civil and Political Rights, BGBl. No 591/1978, Art. 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, BGBl. No 210/1958, and Art. 1 (1) and 15 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment, BGBl. No 492/1987), or
2.		otherwise, by unauthorised action on the freedom of decision-making or on the operation of will or through inadmissible methods of interrogation, insofar as they infringe fundamental procedural principles, and their exclusion to reparation this injury is essential.

9. Main piece

Detention, arrest and detention

Section 1

Fahndung

Definitions

§ 167. For the purposes of this law,

1.		"personal identification" means any measure to determine the stay of a person and to arrest the accused on the basis of an order by the Public Prosecutor's Office;
2.		"factual identification" means any measure to determine the fate of a cause and to ensure it is ensured.

Fahndung

§ 168. (1) A personal search for a residence permit shall be permitted if the residence of the accused person or a person whose identity is to be ascertained or which is to be heard as a witness is unknown.

(2) A person's notice of arrest is permissible if such an arrest cannot be carried out because the accused is fleeting or his/her stay is unknown, or because he has not given a charge to a summons and to a hearing, another for the taking of evidence or for the main negotiation.

(3) Subject-matter-making shall be admissible if an item to be seized cannot be found.

§ 169. (1) The prosecution shall be ordered by the Public Prosecutor's Office by invitation to tender for the purpose of determining the residence or for the purpose of arrest. It may be made public by way of a further arrangement of the public prosecutor's office if the investigation of the accused person or the finding of another person would otherwise not be promising and the accused person of a deliberate act of intent is a matter of urgency, which is punishable by a custodial sentence of more than one year. However, images of persons may only be published or released for publication in media or publicly accessible files if the benefit sought is the intervention associated with the publication in the It seems to be necessary for the protection of the rights and interests of persons who are at risk by the accused.

(2) The criminal police may order and carry out a factual investigation; it shall have the necessary publications and other necessary measures to be taken by the police.

Section 2

Arrest

Admissibility

§ 170. (1) The arrest of a person suspected of committing a criminal offence shall be permitted,

1.		if they are entered in the act of fresh deed or immediately thereafter either credibly accused of the commission of the offence or entered with objects indicating their participation in the act,
2.		if it is fleeting or is kept hidden, or if, on the basis of certain facts, there is a danger that it will flee or keep itself hidden,
3.		if it has to influence witnesses, experts or co-accused, to remove traces of the act or otherwise to make it difficult to determine the truth or, on the basis of certain facts, there is a danger that it will try to do so,
4.		if the person is suspected of a crime threatened with more than six months ' imprisonment and is to be presumed, on the basis of certain facts, that she will commit such a crime against the same legal good, or that she has tried to do so. or threatened deed (§ 74 para. 1 Z 5 StGB).

(2) In the case of a crime under the law of at least 10 years ' imprisonment, the arrest must be ordered unless, on the basis of certain facts, the existence of all of the offences in question must be taken into account. Paragraph 1 (1) (2) to (4) shall be excluded.

(3) Detention and holding are not permitted insofar as they are disproportionate to the meaning of the matter (§ 5).

Arrangement

§ 171. (1) The arrest shall be ordered by the Public Prosecutor's Office on the basis of a judicial authorization and shall be carried out by the Criminal Investigation Department.

(2) The criminal police shall be entitled to arrest the accused person

1.		in the cases of section 170 (1) (1) and (1)
2.		in the cases of Section 170 (1) (2) to (4), if an order of the Public Prosecutor's Office cannot be obtained in good time due to the risk of default.

(3) In the case referred to in paragraph 1, the accused shall be granted the judicial authorization of the arrest immediately or within twenty-four hours after his arrest; in the case of paragraph 2, a written statement of the criminal police shall be issued on the basis of Suspicion and imprisonment. In addition, the accused shall be informed immediately or immediately after his arrest that he has the right to:

1.		to communicate or to communicate to a family or other confidant and a defender from his arrest (Art. 4 (7) BVG on the protection of personal freedom),
2.		where appropriate, to request the assistance of a procedural aid defender,
3.		Complaint or complaint Appeal against his arrest and, incidentally, apply for his release at any time.

Implementation

§ 172. (1) From the execution of an order to arrest, the Criminal Police Department shall inform the Public Prosecutor's Office and the Public Prosecutor's Office without delay. The accused shall be delivered to the judicial institution of the competent court without any unnecessary delay, but at the latest within 48 hours from the date of arrest. If, due to the removal of the place of arrest, this is not possible in good time, or if the accused is ill or injured, or if for another reason is in danger of life, the judicial institution of an uncompetent authority shall be admissible. To supply a court or to surrender to a hospital. In such cases, the court may, using technical facilities for the transmission of words and images, hear the accused and proclaim the decision on detention in the same way (Section 174).

(2) If the criminal police have arrested the accused person, it shall immediately inform him of the cause, the suspicion and the cause of detention. She has released him as soon as it becomes clear that there is no reason to continue to be held. May the purpose of further retention by means of more successful means in accordance with § 173 (5) (1) to (1) to 7 , the Criminal Police shall immediately give the accused, on the order of the Public Prosecutor's Office, the necessary instructions to accept the vow or the keys referred to in Article 173 (5) (3) and (6) of the Prosecutor's Office. and to remove documents and release him. The results of the investigation, together with the minutes of the instructions given and the files received, and the keys and documents taken, shall be submitted to the Public Prosecutor's Office within 48 hours of the arrest. The Court of First Instance decides on the maintenance of these funds.

(3) If the accused person is not released in accordance with paragraph 2, the criminal police shall deliver him to the judicial institution of the competent court or-in the case of his/her own-no later than 48 hours after the arrest, to the judicial institution of the court responsible. Illness (para. 1)-to be transferred to a hospital. However, it has to inform the public prosecutor's office in good time before being delivered. If it declares that it does not apply for the imposition of pre-trial detention, the Criminal Investigation Department shall immediately release the accused.

Section 3

Custody

Admissibility

§ 173. (1) Detention and continuation of pre-trial detention shall be admissible only at the request of the public prosecutor's office and only if the accused person of a particular offence is in urgent need of suspicion, of the court or of the case, and of the conditions of the It has been interrogated and one of the grounds for the arrest referred to in paragraph 2 has been found. It may not be ordered or continued if it is out of proportion to the meaning of the matter or to the penalty to be expected, or if its purpose is to be used by the use of the funds (par. 5) can be achieved.

(2) A liability is provided if, on the basis of certain facts, there is a risk that the accused shall be at free

1.		Because of the nature and extent of the punishment which is likely to be imminent or for other reasons, or if it is to be kept secret,
2.		to influence witnesses, experts or co-accused, to remove traces of the act or otherwise attempt to make the determination of the truth difficult,
3.		regardless of the criminal proceedings brought against him for a criminal offence of more than six months
a.			committing a criminal offence with serious consequences against the same legal good as the criminal offence which has been committed with serious consequences,
b.			committing a criminal offence with not merely minor consequences which are contrary to the same legal good as the criminal offence which has been committed to him, if he has either already been convicted of such a crime or if he has now been sentenced to repeated or continued acts are being blamed,
c.			commit a punishable offence with a penalty of more than six months ' imprisonment, which, like the criminal offence committed to him, is directed against the same legal good as the offences which he has already condemned twice. , or
d.			execute the attempted or threatened act (§ 74 para. 1 Z 5 StGB).

(3) At any rate, there is no risk of escape if the accused is suspected of a criminal offence which is not more strictly punishable than with five years ' imprisonment, he is in orderly circumstances and a permanent resident of the Inland, unless he has already made preparations to escape. In the case of an assessment of the risk of a crime under paragraph 2 Z 3, it shall be particularly important if the accused person is at risk of life and limb or the danger of committing crimes in a criminal organisation or terrorist organisation Association is based. In addition, when assessing this basis of detention, account must be taken of the extent to which the risk has been reduced by the fact that the circumstances in which the act of the accused has been committed have changed.

(4) The pre-trial detention shall not be imposed, maintained or continued if the detention centre can also be achieved by simultaneous criminal or imprisonment of a different kind. In the case of criminal detention, the Public Prosecutor's Office shall order the deviations from the execution which are indispensable for the purposes of pre-trial detention. If the detention is still in place, there shall be an interruption in the enforcement of the sentence.

(5) The more specific means of use are in particular:

1.		the vow not to flee or to remain concealed, pending the final cessation of the criminal proceedings, nor to remove himself from his place of residence without the authorisation of the public prosecutor,
2 .		the vow not to attempt to make the investigation difficult,
3.		in cases of violence in apartments (§ 38a SPG), the plea to refrain from any contact with the victim, and the instruction not to enter a particular apartment or its immediate surroundings or to prohibit an already granted entry ban in accordance with section 38a (2) SPG or an inconsive disposition according to § 382b EO not to be surpassed, including acceptance of all keys to the apartment,
4.		the instruction to reside in a given place, in a particular family, a particular dwelling, certain places or treatment, to abstain from alcoholic beverages or other addictive substances or to a regulated work; ,
5.		the instruction to indicate any change of stay or to report at certain intervals to the criminal police or any other body,
6.		the temporary acceptance of identity, motor-vehicle or other authorization documents;
7.		Provisional probation aid according to § 179,
8.		the performance of a security in accordance with § § 180 and 181,
9.		with the consent of the accused person, the instruction to undergo a deforestation treatment, otherwise a medical treatment or psychotherapy (§ 51 para. 3 StGB) or a health-related measure (§ 11 para. 2 SMG).

(6) In the case of a crime under the law of at least 10 years ' imprisonment, pre-trial detention shall be imposed, unless it is to be assumed on the basis of certain facts, the existence of such a crime shall be: of all the grounds referred to in paragraph 2 of this Article.

Imposition of pre-trial detention

§ 174. (1) Any arrested accused person shall be heard by the court immediately after he has been admitted to the judicial institution on the premises of the pre-trial detention order. The court may, however, carry out an immediate investigation or have it carried out by the criminal police before its decision, if the result of such investigations can be expected to have a decisive influence on the assessment of suspicionies or grounds of imprisonment. In any case, the court shall decide at the latest within 48 hours of the date of delivery, whether the accused, at most under the use of the funds (§ 173 para. 5), is released or whether the custody of the court is to be imposed.

(2) The decision pursuant to paragraph 1 shall immediately be declared orally to the accused person. A decision to release is to be sent to the public prosecutor's office within 24 hours and the criminal police to be brought to the attention of the criminal police. If the pre-trial detention is imposed, the service shall be sent to the accused within 24 hours and a copy of the prosecutor's office, the defence counsel, the judicial institution and, where appropriate, a court case shall be issued immediately. Probation officer. The accused cannot effectively dispense with the delivery.

(3) A decision imposing pre-trial detention shall include:

1.		the name of the accused person and further information on the person,
2.		the criminal act, the commission of which is urgently suspected of committing the accused, the time, place and circumstances of their observance, and their legal name,
3.		the liability,
4.		the specific facts which result from the urgent suspicion and the cause of the detention and the reasons why the detention centre cannot be reached by the use of the funds,
5.		the notification until which date the decision is effective at the latest and that a trial shall be held before any continuation of detention, unless one of the cases referred to in paragraph 4 or 175 (3), (4) or (5) enters into force,
6.		the notice that the accused, in so far as it has not already done so, could agree or agree to a defender, a family member or any other confidant,
7.		the communication that the accused must be represented by a defender as long as he is in pre-trial detention,
8.		the communication that the accused is entitled to complain and that he could, moreover, request his revelation at any time.

(4) A complaint lodged by the accused against the imposition of the pre-trial detention shall trigger the detention period in accordance with Section 175 (2) Z 2. A subsequent decision of the Oberlandesgericht on the continuation of the pre-trial detention shall trigger the next period of detention; paragraph 3 (1) to (5) shall apply mutatis mutually.

Detention periods

§ 175. (1) A decision imposing or continuing the pre-trial detention shall take effect at the latest for a specified period (period of detention); the expiry date shall be established in the decision. Before the expiry of the period of detention, a trial shall be carried out or the accused shall be unveiled.

(2) The period of detention shall be

1.		14 days from the imposition of pre-trial detention,
2.		a month from the first continuation of pre-trial detention,
3.		two months from further continuation of pre-trial detention.

(3) If the conduct of the trial before the expiry of the period of detention is impossible due to an unforeseeable or unavoidable event, the infringement may be transferred to one of the three working days following the time limit; in this The period of detention shall be extended accordingly.

(4) If two detention negotiations have already taken place, the accused may waive the conduct of an imminent further detention. In this case, the decision on the annulment or continuation of the pre-trial detention (Section 176 (4)) can be made in writing without the prior oral proceedings.

(5) After the prosecution has been filed, the effectiveness of a decision to impose or continue the pre-trial detention shall no longer be limited by the period of detention; after that date, detention negotiations shall only take place if the accused person is It is not possible to decide without a move in a main negotiation.

Detention

§ 176. (1) An arrest trial shall be held by the court of office on the grounds of:

1.		before the expiry of the detention period,
2.		without default, if the accused person requests his release and the prosecutor's office opts against it,
3.		provided that the Court of First Instance raises concerns about the continuation of pre-trial detention.

(2) The trial shall be the court of justice; it shall not be public. The prosecutor's office, the accused, his legal representative, his defender, the criminal police and the probation officer must be notified of the date.

(3) The accused shall be presented for trial, unless this is not possible due to illness. He must be represented by a defender.

(4) First of all, the Public Prosecutor's Office shall submit its request for the continuation of the pre-trial detention and justify it. The accused, his legal representative and his defender have the right to reciprocate. The probation officer can comment on the issue of detention. Prosecutors and defenders can desire additional findings from the act. The Court of First Instance may, on its own initiative or on the initiative of witnesses, hear witnesses or other evidence to the extent that this is necessary for the assessment of the question of detention. The accused, or his defender, deserves the right of the last statement. The court then decides on the suspension or continuation of pre-trial detention. § 174 (3) (1) to (5) and (8) shall apply mutaly.

(5) A complaint against a decision pursuant to paragraph 4 shall be submitted within three days of the date of delivery of the decision; § 174 (4) second sentence shall apply.

Removal of pre-trial detention

Section 177. (1) All the authorities involved in the criminal proceedings shall be obliged to ensure that detention is as short as possible. The investigation is to be carried out by the public prosecutor's office and the criminal police force, with special acceleration.

(2) The accused shall be released immediately and the money shall be rescinded as soon as the conditions of holding, custody or application of a gelinderer are no longer available or their duration would be disproportionate.

(3) If the Public Prosecutor's Office considers that the pre-trial detention is to be lifted, it shall so request to the General Court, which shall immediately release the accused person.

(4) If the Public Prosecutor's Office considers that the lifting of funds is to be available, it shall so request to the Court of First Instance, which shall then have the right to dispose of it. If the public prosecutor's office requests a change or a revocation or modification of the funds and if the public prosecutor's office speaks against it, the court has to decide. A complaint against this decision shall be submitted within three days from the date of its notice.

(5) In so far as the victim has requested this, it shall be immediately notified of the release of the accused before the date of the judgment of the first instance, indicating the reasons for that judgment and the amounts of money imposed on the accused person. Victims of violence in apartments (§ 38a SPG) and victims according to § 65 Z 1 lit. In any event, they shall be informed immediately of their own motion in this regard. This understanding has led the Criminal Investigation Department, however, to arrange for the prosecution to be released from the custody of the prosecutor.

Maximum duration of pre-trial detention

§ 178. (1) Until the start of the main trial, the pre-trial detention shall not exceed:

1.		two months, if the accused person is only responsible for the risk of blackout (§ 173 para. 2 Z 2), incidentally
2.		six months if he's on suspicion of a crime, a year if he is on suspicion of a crime and two years if he is facing suspicion of a crime that is punishable by a five-year sentence of imprisonment, is stopped.

(2) However, in excess of six months, pre-trial detention may only be maintained if it is unavoidable because of particular difficulties or specific scope of the investigation with regard to the weight of the ground of adhesion.

(3) If a person who has been released due to the expiry of the expiry date has to be re-detained for the purpose of carrying out the main hearing, this shall be for a maximum period of six more weeks.

Provisional probation aid

§ 179. (1) Preliminary probation assistance shall be arranged if the accused person agrees to and appears to be in favour of his efforts to promote a life and attitude which will in future prevent him from committing criminal acts.

(2) If the accused person has a legal representative, the provisional probation aid shall be communicated to the legal representative.

(3) The provisional probation aid shall end at the latest with a final end of the criminal proceedings. In addition, the provisions on probation aid shall apply to the senses.

Deposit

§ 180. (1) The accused may be released against bail or surety, as well as against the removal of the vow referred to in § 173 (5) (1) and (2), provided that there is only the liability of the risk of escape (§ 173 (2) (1) (1)); this has to be done, if the offence is not punishable by more than five years ' imprisonment.

(2) The amount of the security shall be provided by the court at the request of the public prosecutor's office, on the basis of the weight of the offence charged to the accused person, his personal and economic circumstances and the person's property. , which provides the security.

(3) The security shall be either in cash or in securities in securities, calculated on the basis of the stock exchange rate of the day of the first day of the day, subject to judicial proceedings, or by means of loading or pledging of property or rights held in a public A book is registered, or by suitable guarantor (§ 1374 ABGB), which also commits itself as a payer. If special circumstances suggest that the security offered comes from a criminal offence of the accused, the court has to investigate the integrity of the origin prior to the acceptance of the security.

(4) The security shall be declared to be forfeited by the court at the request of the public prosecutor's office or on its own account by decision if the accused person is guilty of the proceedings or, in the case of conviction, for an unconditionally contrued custodial sentence, withdraw from this sentence, in particular by removing him from his place of residence without permission or by not following a charge. This charge and the decision on the decay are to be delivered to the accused in the event of his non-exchange pursuant to Section 8 (2) of the Delivery Law.

(5) With the legal force of the decision referred to in paragraph 4, the convicted security shall be to be considered for the federal government, but the victim shall have the right to demand that his claims for compensation from the security or its recovery shall be satisfied as a matter of priority. .

§ 181. (1) If, after his release against security, the accused has prepared his flight or if new circumstances emerge which require his arrest, he shall be arrested irrespective of the security, but in such cases the Security free.

(2) The same is the case as soon as the criminal proceedings have been brought to an end in a legally effective way, but only after the sentence has been passed as soon as the convicted person has served the sentence.

(3) The court shall decide on the release of security.

Section 4

Execution of pre-trial detention

General

§ 182. (1) The purpose of the holding of an accused person in custody is to counteract the grounds of imprisonment (Section 173 (2)).

(2) Life in pre-trial detention shall be approximated to the general conditions of life as far as possible. Restrictions may be imposed only to the extent permitted by law and for the purpose of attaining the point of detention (paragraph 1). 1) or in order to maintain the security and order in the judicial institution.

(3) In the case of the enforcement of pre-trial detention, consideration shall be given in particular to the fact that:

1.		for accused persons, the presumption of innocence shall apply,
2.		Have given sufficient opportunity to prepare their defence and
3.		harmful consequences of the deprivation of liberty in a suitable way.

(4) In addition, insofar as this law does not specify otherwise in detail, the provisions of the Penal Act concerning the enforcement of custodial sentences, the penalty of which does not exceed 18 months, shall be the purpose of the enforcement of the detention order. after application.

(5) Insofar as nothing else is determined otherwise, the provisions relating to the enforcement of pre-trial detention shall apply to all the claims under this law, which are carried out in a judicial institution.

Place of detention

§ 183. (1) The accused must be held in the judicial institution of the court responsible for deciding on the imposition and continuation of the pre-trial detention. To the extent that this is necessary, in particular in the interests of the economic management of the judicial institutions, female defendants may be stopped in the judicial institution of an adjacent court.

(2) If this is necessary in order to achieve the point of detention or to safeguard the principles contained in § 182, the Federal Ministry of Justice has to order the jurisdiction of another judicial institution. Such an arrangement can also be made with the consent of the accused in order to avoid an overlaying.

(3) Following the due date of the judgment of the first instance, the Federal Ministry of Justice may order the jurisdiction of a judicial institution other than that referred to in paragraph 1, if a custodial sentence to be executed there can be expected, the transfer is in the interests of the defendant, or is in the interests of better utilization of the enforcement agencies, is not to be feared of the criminal proceedings and agrees to the defendant.

(4) In the event of a change in the port authority, the public prosecutor's office and the court must be heard; after the transfer, they and the defence counsel shall be notified without delay by the judicial institution now responsible.

Runs

§ 184. The provisions of § § 97 and 98 of the StVG are valid for interrogations, statements and renditions of accused persons, with the proviso that:

1.		If they are not carried out by the court or the public prosecutor's office, they must also be carried out at the institution,
2.		Statements made at the request of the Criminal Police or other authorities (Section 98 (1) of the StVG) only on orders or with the consent of the Public Prosecutor's Office and only for the purpose of participating in negotiations, Tatreconstructions and other contradictoric Take-in, on contrasts, on the eye and on any other evidence of the findings are admissible.

Separate maintenance

§ 185. (1) The accused shall not be accommodated in the Community with prisoners of criminal law. In any case, accused persons who are in detention for the first time are to be detained separately from prisoners. However, in the movement outdoors, at work, in worship and at events, as well as in medical care, separation can be dissociated, insofar as such separation is not possible according to the facilities available.

(2) In so far as it is necessary to achieve the Haftzwecke, the participation in the same offence shall be held liable to suspect accused persons in such a way that they are not able to converse. As long as the Public Prosecutor's Office has not taken a decision on the subject, such defendants shall at any rate be held separately.

(3) Female accused are in any case separated from male defendants and male prisoners.

Clothing and commodities

§ 186. (1) Accused persons are to be treated with respect for their personality and their sense of honour, as well as with the possible protection of their person. They are entitled to wear their own clothes, as far as regular cleaning is possible in the institution or outside the institution can be worried by their placement. If an accused person has no suitable clothing, he/she shall be made available to him for negotiations in court, for presentation and for rendition by public transport.

(2) Accused persons are entitled to obtain goods, services and other amenities at their own expense, insofar as this is compatible with the point of detention and neither the security nor the order in the It is significantly affected by the institution or harassing the mithäftlinge.

Work and work remuneration

§ 187. (1) Accused persons are not obliged to work. However, a working person who is able to work can work under the conditions applicable to prisoners (§ § 44 to 55 of the StVG) if he is willing to do so and are not to be afraid of the proceedings.

(2) The remuneration of the employees is to be credited to the accused after deduction of the payment fee (§ 32 (2) and (3) of the StVG) as a household allowance. In the event of an acquittment, the resignation of prosecution or a cessation of the criminal proceedings, he is to pay out the amount of the deducted contribution.

(3) If a person who is willing to work and who does not meet the point of detention for work cannot be assigned to work, then an amount of 5% of the lowest working allowance shall be paid to him monthly in the period after which he is paid. to be credited as a house money.

(4) Accused persons shall be entitled to cover their own costs, in so far as this is compatible with the point of detention and do not disturb the order in the institution. Income earned from this employment is to be credited to the house money.

Transport with the outside world

§ 188. (1) Accused persons shall be allowed to receive visits within the fixed periods of visit as often and as to the extent of time as the settlement can be guaranteed without undue effort. In addition, § § 85 to 87 and 93 to 96 of the StVG are valid for the reception of visits, with the following measures:

1.		The accused must not be refused, at least twice a week, to receive a visit in the period of at least half an hour,
2.		the content of the conversation between an accused person and a visitor has to be extended only if this is done by the public prosecutor's office in order to secure the detention and the detention centre for the maintenance of security in the institution,
3.		the visit of certain persons, from which there is a danger to the purpose of pre-trial detention or to the safety of the institution, may be prohibited or cancelled.

(2) Accused persons are entitled, at their own expense, to circulate and make calls to other persons and entities in writing, unless the extraordinary scope of the letter or telephone traffic is subject to the supervision of the shall be affected. In this case, those restrictions are to be ordered which are necessary for proper supervision. If there is a risk of impairment of the point of detention, they shall be withheld unless the provisions of § § 88, 90a to 90b and 96a of the Penal Code of Criminal Law on written traffic with public authorities and authorities do not comply with the provisions of § § 88, 90a to 90b and 96a of the Penal Code. Legal councings give something different. Letter to a national general representative body, to a national court, to another national authority or to institutions of the European Union, and to the European Court of Human Rights may, in the case of a person who is more or less the person responsible for the protection of the rights of the shall not be withheld. For the purpose of monitoring the content of telephone calls, paragraph 1 (2) shall apply.

(3) § 59 (2) shall apply to the supervision of the oral and written traffic of the accused person with his defender.

Responsibility for decisions

§ 189. (1) The decision on the persons holding the accused in writing and the visits they may receive, the monitoring of their correspondence and their visits, as well as all other arrangements and decisions which may be taken to the traffic of the accused persons with the outside world (§ § 86 to 100 of the Penal Act), with the exception of the supervision of the parcel shipments, are in the investigation procedure of the Public Prosecutor's Office, in the main proceedings to the court. The monitoring of the letter and telephone traffic must be waited only in so far as there is no danger of any deterioration in the port's wake.

(2) The decisions pursuant to § 16 (2), (2), (4) and (5) of the Penitent Act are to be found in the court responsible for deciding on the imposition and continuation of the pre-trial detention.

(3) In addition, all orders and decisions relating to the holding in custody shall be subject to the head of the institution or to the law enforcement officer appointed by the head of the institution. Before any decision pursuant to Sections 185 (2), 186 (2) and 187 (1), the Public Prosecutor's Office shall be heard in the investigation proceedings, after the prosecution has been filed. The Public Prosecutor's Office and the Court of First Instance shall be notified of the irregularities committed by the accused persons. The same is true of incidents, of which there is a risk of impairment of the adhesive waking area.

3. TEIL

Termination of the investigation

10. Main piece

Recruitment, demolition and continuation of the investigation

Recruitment of the investigative procedure

§ 190. The Public Prosecutor's Office must refrain from prosecuting a criminal offence and cease the investigation procedure to the extent that:

1.		the fact that the investigating procedure is not punishable by a judicial penalty, or otherwise the further prosecution of the accused would be inadmissible for legal reasons, or
2.		there is no actual reason for further prosecution of the accused.

Adjustment due to minor

§ 191. The prosecution shall refrain from pursuing a criminal offence which is only punishable by a fine or a custodial sentence of a maximum of three years, and shall cease the investigation procedure if:

1.		in consideration of the guilt, the consequences of the act and the behaviour of the accused after the act, in particular with regard to any damage compensation, as well as other circumstances which would have an influence on the penalty measurement, the disturbance of the act as would be low and
2.		a punishment or a procedure after the 11. It does not appear to be necessary in order to prevent the accused from committing criminal acts or to counteract the commission of punishable acts by others.

Recruitment of several offences

§ 192. (1) From the prosecution of individual criminal offences, the Public Prosecutor's Office may disregard final or subject to subsequent prosecution and cease the investigation procedure in so far as several criminal offences are charged to the accused person and

1.		this is not likely to affect either the penalties or the preventive measures, the legal consequences of the conviction, or any substantial influence on diversionary measures, or
2.		the accused has already been punished abroad for the offence he has been charged or has been put out of persecution there after diversion, and is not to be accepted that the domestic court will impose a stricter penalty or he is due to Commission of other criminal acts shall be extradited to another State and the penalties or preventative measures to be expected in the country shall not be applicable to those which are likely to be recognised abroad.

(2) A prosecution reserved pursuant to paragraph 1 may be resumed within three months after the final conclusion of the domestic or within one year after the final conclusion of the foreign criminal proceedings. An aberative reservation for individual offences is then inadmissible.

Continuation of the procedure

§ 193. (1) Following the cessation of the proceedings, further investigations against the accused are to be subsumed; if necessary, the Public Prosecutor's Office shall order his release. If, however, a decision on the continuation of the proceedings requires certain investigations or evidence, the Public Prosecutor's Office may order or carry out such investigations.

(2) The continuation of a preliminary investigation procedure pursuant to § § 190 or 191 may be ordered by the Public Prosecutor's Office, as long as the criminal offence of the offence is not statute-barred and if:

1.		the accused was not heard on account of this act (§ § 164, 165) and no coercion was exercised against him or
2.		any new facts or evidence may arise or become known which appear to be appropriate for themselves or in cohesion with other results of the proceedings, the punishment of the accused or an action taken after the 11. The main item to be justified.

(3) The prosecution may order the continuation of an investigative procedure terminated in accordance with § 192, if it has reserved the subsequent prosecution (§ 192 para. 2) or if the conditions of paragraph 2 Z 2 are fulfilled.

Understandings

§ 194. The public prosecutor's office has to inform the criminal police, the accused, the victim and, if it was involved in the proceedings, the court of justice of the recruitment and continuation of the proceedings. The understanding of the accused, the victim and the criminal police from the cessation of the proceedings has an indication that the deed has not been accepted as proven or which other reasons were decisive for the decision, and, where appropriate, the reservation of subsequent prosecution (section 192, para. 2); the victim is also to be informed in the sense of § 195.

Request for propagation

§ 195. (1) Victims (§ 65) and other persons who might otherwise have a legal interest in the prosecution are entitled to request the prosecution of the prosecution by the Public Prosecutor's Office in accordance with § § 190 to 192, if: the conditions for termination of the procedure are not available or new facts or evidence are provided which appear appropriate for themselves or in cohesion with other results of the proceedings, the punishment of the Accused or a crackdown after the 11. The main item to be justified.

(2) An application according to paragraph 1 shall be submitted within fourteen days of understanding of the setting (§ 194), but in any case within six months from the date of termination of the proceedings with the Public Prosecutor's Office. The request shall be referred to as the offence and shall contain a justification.

(3) The Public Prosecutor's Office has the application, provided that it does not order the continuation of the proceedings (§ 193), to transmit with the Act and a possible opinion by way of the Supreme Prosecutor's Office to the Higher Regional Court.

Decision of the Higher Regional Court

§ 196. (1) The Oberlandesgericht has to decide on the application in a non-public sitting; an appeal is not available against its decision.

(2) Late applications and those submitted by an unauthorised person (Section 195 (1) and (2)) or which have already been decided by a final decision (paragraph 2). 1), the Oberlandesgericht dismissed as inadmissible.

(3) In addition, the Oberlandesgericht has to decide on the matter. It has previously provided the applicant with an opportunity to submit comments within a reasonable period of time to the accused and to any opinion of the Public Prosecutor's Office. Prior to its decision, it can commission the criminal investigation police with certain investigations. It may be necessary to proceed according to § 107 (2). If the Oberlandesgericht (Oberlandesgericht) has submitted the request, the Public Prosecutor's Office shall order the continuation of the proceedings.

Refraction of the investigative procedure

against the absenteent and unknown perpetrators

§ 197. (1) If the accused is fleeting or unknown, the investigative procedure shall be carried out as far as this is necessary in order to ensure the protection of traces and evidence. Investigative actions and evidence in which the accused has the right to participate (§ § 150, 165) may in this case also be carried out in his absence. The accused person may be spelled out in order to determine his or her stay or arrest. After that, the Public Prosecutor's Office will have to cancel the proceedings and continue after the defendant's research.

(2) In proceedings against unknown perpetrators, paragraph 1 shall apply mutatily.

(3) The criminal police and the victim shall be notified of the interruption of the proceedings against a known perpetrator and the continuation or initiation of the proceedings after the defendant's research has been carried out.

11. Main piece

Resignation of Persecution (Diversion)

General

§ 198. (1) The Public Prosecutor's Office shall proceed in accordance with this main piece and withdraw from prosecution of an offence if, due to sufficiently clarified facts, it is established that a cessation of the proceedings in accordance with § § 190 to 192 shall not be considered , however, a punishment is to be found with regard to:

1.		the payment of an amount of money (§ 200) or
2.		the provision of non-profit-making services (§ 201) or
3.		the determination of a probation period, in connection with probation assistance and the performance of obligations (§ 203), or
4.		Compensation (§ 204)
appears not to be necessary in order to prevent the accused from committing criminal acts or to counteract the commission of offences punishable by others.

(2) However, action taken in accordance with this main item shall be admissible only if:

1.		the offence does not fall within the jurisdiction of the Regional Court as a spoon or jury,
2.		the guilt of the accused should not be regarded as heavy (§ 32 StGB) and
3.		the deed did not lead to the death of a human being.

§ 199. After the prosecution has been filed for the commission of a criminal offence to be prosecuting on its own account, the Court of First Instance shall apply the provisions of this item in force to the Public Prosecutor's Office in accordance with the provisions of the Court of First Instance and shall apply the procedure under the conditions laid down for the The public prosecutor's office must set up the conditions until the end of the main hearing with a decision.

Payment of an amount of money

§ 200. (1) Under the conditions laid down in § 198, the Public Prosecutor's Office may withdraw from the prosecution of a criminal offence if the accused has paid a sum of money in favour of the Federal Government.

(2) The amount of money shall not exceed the amount which corresponds to a fine of 180 daily rates plus the costs of the criminal proceedings to be replaced in the case of a conviction (§ § 389 para. 2 and 3, 391 (1)). It shall be paid within 14 days of notification of the notification pursuant to paragraph 4. However, provided that this is uncheaply hard for the accused, he may be granted a payment delay for a maximum of six months or the payment of partial amounts within that period may be allowed.

(3) Insofar as it cannot be waived for special reasons, the resignation of prosecution after payment of a sum of money shall, moreover, be conditional upon the accused within a period to be determined of not more than six months. the damage caused by the act and immediately remembers this.

(4) The Public Prosecutor's Office shall inform the accused person that charges against him are intended for a particular offence, but shall not be held if he/she has a fixed amount of money and, where appropriate, compensation of claims at a certain level. Bar. In addition, the Public Prosecutor's Office has the accused within the meaning of § 207 and the possibility of a payment order (para. 2) to the extent that it does not envisage such a view from its own due account.

(5) After the performance of the monetary amount and any claims for damages, the prosecution has to withdraw from prosecution, provided that the proceedings are not to be continued in accordance with § 205 retrospectively.

Non-profit-making

§ 201. (1) Under the conditions laid down in § 198, the Public Prosecutor's Office may provisionally withdraw from prosecution of a criminal offence if the accused has expressly declared himself willing to do so within a period of no more than six months to be determined. to provide charitable services free of charge.

(2) Non-profit-making services are intended to express the willingness of the accused to stand up for the deed. They shall be provided in their free time at a suitable facility with which the agreement is to be established.

(3) In so far as it is not possible to dispense with it for special reasons, the resignation of persecution by non-profit-making services shall, moreover, be subject to the condition that the accused person shall within a period of not more than six months be determined by the accused person. the damage caused by the act, or otherwise contributes to the compensation of the consequences of the act, and immediately proves this.

(4) The Public Prosecutor's Office must inform the accused that the charges against him for a particular offence are intended but will be provisionally suspended if he agrees to provide non-profit-making services within a specified period of time in accordance with The nature and extent of certain methods and, where appropriate, to compensate for the consequences of the action. The public prosecutor has to inform the accused in the sense of § 207; it can also request a person experienced in social work to obtain this information as well as to convey the non-profit services (§ 29b of the probation aid act). The institution (para. 2) has to issue to the accused or to the social worker a confirmation of the services provided, which shall be submitted immediately.

(5) After the provision of the non-profit-making services and any event compensation, the Public Prosecutor's Office will have to rescind the prosecution once and for all, provided that the proceedings are not to be continued in accordance with § 205.

§ 202. (1) Non-profit-making services may not take more than eight hours per day, not more than 40 hours per week, and not more than 240 hours on a total basis; simultaneous training or professional activity of the The accused is to be taken into account. Non-profit-making services which would constitute an unreasonable intervention in the rights of the person or in the life-management of the accused are inadmissible.

(2) The heads of the Public Prosecutor's Office shall each have a list of bodies suitable for the provision of non-profit-making services and, if necessary, to supplement them. This list shall, upon request, be made available to everyone.

(3) If the accused is liable for damage in the provision of non-profit-making services of the institution or its institutions, his replacement obligation is the law of the employee liability law, BGBl. No 80/1965, mutatily. If the accused inflicts damage to a third party, the federal government shall be liable in addition to it in accordance with the provisions of the civil law. The institution or its institution shall not be liable in this case to the injured party.

(4) The Federal Government shall only replace the damage in money. The institution in which the non-profit-making services have been provided or the institution of which he or she is responsible may request a refund, in so far as these or their institutions are intent or gross negligence, in particular by neglecting the supervision or supervision of the institution. Instructions on the load. The relationship between the federal government and the accused is the law of service liability, BGBl. No 80/1965, mutatily.

(5) In the case of a non-profit-making service, if the accused person suffers an accident or illness, the provisions of § § 76 to 84 of the Penitent Act shall apply to the senses.

Trial Time

§ 203. (1) Under the conditions laid down in § 198, the Public Prosecutor's Office may provisionally withdraw from prosecution of an offence under the provision of a trial period of one year up to two years. The run of the trial period begins with the delivery of the agreement on the provisional withdrawal of persecution.

(2) Unless, for special reasons, it is possible to dispense with it, the provisional resignation of persecution shall, moreover, be subject to the condition that the accused expressly declares himself willing to perform certain duties during the trial period. , which could be issued as instructions (§ 51 StGB), and to be supervised by a probation officer (§ 52 StGB). In particular, it is the duty to make the most of the damage caused or to contribute to the compensation of the consequences of the act.

(3) The Public Prosecutor's Office must inform the accused that charges against him for a given offence for a given probaal period are provisionally abated, and to inform him in the sense of § 207. Where appropriate, the Public Prosecutor's Office shall inform the accused that the provisional resignation of persecution presuppoes that he expressly declares himself willing to take on certain duties and to refrain from a probation officer. take care of (par. 2). In this case, the Public Prosecutor's Office may also ask a person who is experienced in social work to obtain this information and to supervise the accused in the performance of such duties (Section 29b of the Law on the Law of the Probation of the Law of the State).

(4) After the expiry of the trial period and the performance of any duties, the Public Prosecutor's Office will have to rescind the proceedings once and for all, provided that the proceedings are not to be continued in accordance with Section 205.

Tatbalancing

§ 204. (1) Under the conditions laid down in § 198, the Public Prosecutor's Office may withdraw from prosecution of a criminal offence if, by the action of a person, legal property of a person may be directly affected and the accused person is willing to stand for the act and to deal with their causes if it compensates for any consequences of the act in a manner appropriate to the circumstances, in particular by making good the damage caused or otherwise to compensate for the consequences of the , and if, where necessary, it shall enter into commitments which shall: Expressing willingness to refrain from doing business that has led to action.

(2) The victim shall be involved in efforts to compensate for the facts, as far as he is willing to do so. A compensation shall be subject to its consent, unless it is not granted for reasons which are not worthy of consideration in the criminal proceedings. In any case, its legitimate interests must be taken into account (§ 206).

(3) The Public Prosecutor's Office may ask a conflict controller to inform the victim and the accused person about the possibility of a compensation and in the sense of § § 206 and 207 and to initiate and apply such compensation in their efforts to compensate for such compensation. (§ 29a of the probation aid act).

(4) The conflict controller must report to the Public Prosecutor's Office on countervailing agreements and verify compliance with them. He shall report a final report if the accused has at least complied with his obligations to the extent that, having regard to his other conduct, it may be accepted that he will continue to comply with the agreements, or if it is no longer to be expected that compensation will be achieved.

Subsequent continuation of criminal proceedings

§ 205. (1) According to a not merely provisional resignation of the prosecution of the accused under this main piece (§ § 200 (5), 201 (5), 203 (4) and 204 (1)), a continuation of the criminal proceedings is only under the conditions of the ordinary Resume allowed. In any event, before such resignation, the criminal proceedings shall be continued if the accused requires this.

(2) If the Public Prosecutor's Office has proposed to the accused to pay a sum of money (Section 200 (4)), to provide charitable services (Section 201 (4)) or to take on a trial period and any obligations (Section 203 (3)), or is the Prosecutors have provisionally resigned from prosecution of the offence (§ § 201 (1), 203 (1)), so it has to continue the criminal proceedings if:

1.		the accused does not pay or pay in full or in good time the amount of money, together with any claims for damages or the non-profit-making services, together with any compensation for the consequences thereof,
2.		the accused does not sufficiently fulfil his obligations or is persistently withdraws from the influence of the probation officer; or
3.		criminal proceedings have been initiated against the accused before the trial period has expired due to another criminal offence. In such a case, the subsequent continuation of the proceedings shall be admissible as soon as the accused has been brought against the accused on account of the new or newly identified criminal offence, even during three months after the date of introduction, even after the date of the introduction of the offence. if the trial period has now expired. However, the subsequent criminal proceedings must be terminated in accordance with the other conditions, if the new criminal proceedings are terminated in a different way than by a guilty verdict.

(3) However, the continuation of the proceedings may not, in the cases referred to in paragraph 2 (2) (1), be justified on the grounds of paragraph 2 (2) (2) and (3) in the circumstances in which the accused person is not required to continue the proceedings. To prevent the commission of criminal acts. Moreover, the continuation of the proceedings in the cases referred to in paragraph 2 is only admissible, except under the conditions set out in Z 1 to 3, if the accused does not accept the proposal of the Public Prosecutor's Office mentioned there.

(4) If the accused cannot pay the sum of money in full or in time, or fails to comply fully or in good time with the obligations assumed, because of a significant change in the amount of the sum of the amount of the sum of the The public prosecutor may alter the amount of the amount of money or the obligation adequately, if the amount of money or the nature or the extent of the obligations is insufficiently hard.

(5) The obligations assumed by the accused, and payments to which he has agreed, shall be subject to the ex post continuation of the proceedings. The probation aid ends; § 179 remains unaffected, however. Amounts of money paid by the accused (§ 200) are to be charged to a non-continged fine under the appropriate application of Section 38 (1) (1) of the StGB (German Civil Code); moreover, they are to be repaid. Other benefits are not to be replaced, but in the case of a conviction, it is equally appropriate to apply the penalty. In particular, the type and duration of the performance shall be taken into account.

Rights and interests of victims

§ 206. (1) The interests of the victim shall always be considered and promoted to the greatest extent possible in the course of action taken in accordance with this main item. The victim has the right to join a confidane. In any event, it shall be fully informed as soon as possible of its rights and of appropriate victims ' protection facilities. If there is no full claim for damages or if this appears to be otherwise necessary in order to safeguard its interests, the victim must be given the opportunity to comment before a resignation from the prosecution.

(2) In any event, the victim shall be notified if the accused declares himself willing to make good any damage incurred or otherwise to contribute to the compensation of the consequences of the act. The same shall apply in the event that the accused person assumes a duty which directly affects the interests of the injured party.

Information of the accused

§ 207. In the course of action taken in accordance with this main item, the accused shall be informed in detail of his rights, in particular the conditions for the withdrawal of persecution, the need for his consent, the possibility of his/her consent, a To demand continuation of the proceedings, on the other circumstances which may result in a continuation of the proceedings (Section 205 (2)) and on the necessity of a flat-rate contribution (§ 388).

Common provisions

§ 208. (1) In order to clarify the conditions for action on the basis of this item, the Public Prosecutor may ask the head of the competent service or office for the out-of-court action to compensate, with the victim, with the accused, and where appropriate, also with the institution where non-profit-making services are to be provided or a training or course is to be visited, and whether the payment of a sum of money, the provision of a non-profit-making service, or the provision of a non-profit-making service, should be included services, the determination of a probation period, the taking over of certain obligations, the Care by a probation officer or an out-of-court action would be appropriate.

(2) On the basis of a reasoned request by the accused, an amount of money fixed in accordance with § 200 may be reduced or the offered Anbot may be amended if new circumstances which have emerged or which have subsequently taken place require such a procedure.

(3) The probative period in accordance with § 203 (1) as well as the time limits for payment of a sum of money, including any claims for damages and for the provision of non-profit-making services together with any kind of compensation (§ § 200 (2) and (3), 201 (1) and (3)) are to be included in the Period of limitation not included (Section 58 (3) of the StGB). The same applies to the time from the position of a request of the Public Prosecutor's Office pursuant to Section 204 (3) to the notification of the conflict agent on the compensation agreements and their fulfilment (Section 204 (4)).

(4) From the resignation of persecution, the Public Prosecutor's Office shall inform the Criminal Police, the accused, the victim and, where the proceedings were concerned, the Court of First Instance. If the court has ceased the proceedings in accordance with § 199, the understandings shall be the same. In the agreement, the relevant circumstances for the execution are to be presented in keywords.

§ 209. (1) The Public Prosecutor's Office may resign from prosecution after this major item, as long as it has not yet brought charges. After that, she has to apply to the court to discontinue the proceedings (§ 199).

(2) In the course of the main hearing, judicial decisions pursuant to this main item are to be taken by the Court of Appeal, otherwise by the Chairman, but in the main hearing before the jury. The public prosecutor's office has to be heard before the court confers on the accused a communication in accordance with § § 200 (4), 201 (4), 203 (3) or a decision by which the proceedings are terminated. Only the Public Prosecutor's Office complain against such a decision; the accused is not to be sent to the accused until he has been given legal force to the public prosecutor's office.

(3) As long as it has not yet been decided on a complaint against a decision which dismissed a request for the cessation of the criminal proceedings in accordance with that main piece, the conduct of a main hearing is not admissible. A complaint against the subsequent continuation of the criminal proceedings has suspensive effect.

4. TEIL

Main and appeal procedures

12. Main piece

The indictup

Section 1

General

The indictup

§ 210. (1) If, on the basis of sufficiently clarified facts, a conviction is close and there is no reason for the cessation of the proceedings or the resignation of persecution, the Public Prosecutor's Office shall have jurisdiction in the court responsible for the main proceedings. In the Landesgericht (Regional Court) with indictment, with indictment, with the Landesgericht (Regional Court) as a single judge and with the district court with criminal proceedings.

(2) The main proceedings, the management of which shall be the responsibility of the Court of First Instance, shall begin by bringing the charges. The public prosecutor's office will be involved in the proceedings.

(3) The arrest of the accused shall be ordered by the court at the request of the public prosecutor's office, including other coercive means and evidence required in the investigation procedure of an order or permission of the prosecutor's office, shall be after To order or to authorise the prosecution of the charges by the court. It is still the responsibility of the criminal police; reports and understandings have to be addressed to the court. Requests for termination of the proceedings (§ 108) are no longer admissible after the prosecution has been filed, and already introduced are subject to any undue consideration.

(4) Outside the main hearing, the jurisdiction of the Regional Court shall be determined as a jury or a Schöffengericht pursuant to Section 32 (3).

Section 2

The indictup

Content of the indictress

§ 211. (1) The indictof the indictof the case shall be:

1.		the name of the defendant, together with further information on the person,
2.		time, place and the circumstances surrounding the commission of the act to which the accused was accused and the legal title of the offence carried out by them;
3.		the other criminal laws to be applied.

(2) In the indictup, the Public Prosecutor's Office must submit its requests for the main proceedings, including, in particular, the evidence to be included in the main proceedings; the jurisdiction of the court seised shall be: where necessary, to justify. Finally, the facts are to be summed up and assessed in the light of the results of the investigation.

Objection to the indictof the indictup

§ 212. The accused shall be entitled to appeal against the indictof the indictup if:

1.		the act is not punishable by a court sentence or otherwise there is a reason for the conviction of the defendant for legal reasons Excludes,
2.		the urgency and weight of the suspicion, in spite of sufficiently clarified facts, are not sufficient to hold a conviction of the defendant even only for possible and further investigation is not to be expected to intensify the suspicion,
3.		the facts have not been resolved to the extent that a conviction of the defendant is close,
4.		the indictup otherwise suffers from substantial formal deficiencies (§ 211)
5.		the indictup calls for a court which is not competent in respect of the offence,
6.		the indictup calls for a court which is not competent at local level, or
7.		the application of the law required by the law is missing from the right of the person concerned.

§ 213. (1) The court has to deliver the indictup to the defendant.

(2) The defendant shall have the right to object to the indictup within 14 days of the indictup. It is also to be informed about this as well as the rules on its defence.

(3) If the defendant is in detention at the time of entry of the prosecution or if he is arrested at the same time, the indictress shall, if necessary with the order of arrest (§ 171 (1) and (2)), be immediately followed and his/her own In this case, the time limit for the collection of the opposition shall be determined by the date of delivery which has been effected last.

(4) If the accused does not object to an objection or if he does not make such an objection within the time limit, the court, in so far as it has no objection to its competence, shall declare, by decision, that the indictof the indictof the indictof the indictof the indictof the indictof the case, and without Move the main treatia to order. § 199 shall remain unaffected.

(5) As soon as the indictment has become legally effective, the local incompetence of the court of the main proceedings can no longer be invoked.

(6) An objection shall be submitted to the Higher Regional Court. If the Court of First Instance has doubts about its jurisdiction, it shall inform the Oberlandesgericht of its jurisdiction, stating the reasons, even if an objection has not been filed. The provisions relating to the objection shall apply mutatily to such a desire.

Proceedings before the Higher Regional Court

§ 214. (1) The Oberlandesgericht (Oberlandesgericht) has the opportunity to give the Attorney General's Office an opportunity to comment on the objection; Section 89 (5) of the last sentence applies. Then it has to decide on the objection in a non-public sitting; an appeal is not available against its decision.

(2) If the same reasons also apply to a person who has not filed an objection, the Higher Regional Court shall act as if such an objection has been filed.

(3) If the objection is raised by a defendant who is in custody, the Oberlandesgericht of Office shall decide on the arrest of the accused. If the Higher Regional Court decides to continue the detention, § 174 (3) Z 1 to 5 shall apply mutatily.

§ 215. (1) Late objections and those brought by a person not entitled to it were rejected by the Oberlandesgericht as inadmissible.

(2) In the cases of § 212 Z 1, 2 and 7, the Oberlandesgericht (Oberlandesgericht) shall comply with the objection and cease the proceedings.

(3) In the cases of § 212 Z 3 and 4, the Higher Regional Court has to reject the indictof the indictup; the main proceedings are thereby terminated and the investigative procedure is reopened.

(4) In the cases of § 212 Z 5 and 6, the Oberlandesgericht has to assign the matter to the competent court. However, if it considers that it is possible for a court to be held in the sphere of appeal of another Higher Regional Court, it shall submit the objection to the Supreme Court, which must first clarify the question of competence before the matter to the Court of Justice. competent Higher Regional Court for the decision on the opposition.

(5) The Oberlandesgericht (Oberlandesgericht) may also carry out individual charges, partly on the one hand, partly in the other way. In its reasoning, it must not prejudge the decision of the discerning court in the main proceedings.

(6) If none of the cases referred to in paragraphs 2 to 4 is present, the Higher Regional Court shall dismiss the opposition and establish the legal validity of the indictof the indictof the indictof the case. "

3. Before the XIX. Main item (§ 300) will be the headlines " 5. PART " and "Special Procedures" inserted.

4. According to § 513, the following 6. Part added:

" 6. PART

Final provisions

In-force pedals

§ 514. This federal law appears in the version of the Criminal Procedure Reform Act, BGBl. I n ° 19/2004, 1. Jänner 2008 in force.

References

§ 515. (1) Assignments in this Act to other federal legislation or to acts directly applicable to the European Community are to be understood as references to the version in force in each case. If in other federal laws reference is made to provisions where new provisions are to take effect with the entry into force of the Criminal Procedure Reform Act, these references shall be related to the corresponding new provisions.

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

Transitional provisions

§ 516. (1) The procedural provisions of this Federal Act, as amended by the Criminal Procedure Reform Act, shall not apply in criminal proceedings in which the judgment in the first instance has been made before their entry into force. However, once such a judgment has been lifted, it is necessary to proceed in the spirit of the new procedural provisions.

(2) Applications pending before the Court of Justice at the time of the entry into force of the Criminal Procedure Reform Act are to be dealt with in accordance with the procedural provisions repealed by the Criminal Procedure Reform Act. Preliminary investigations will be terminated with the entry into force of the Criminal Procedure Reform Act. The court has the files after it has taken the orders and decisions necessary for the decision to continue the pre-trial detention and to send the public prosecutor's office. In proceedings to be followed only at the request of the injured person, the private prosecutor shall be required by the court with a decision to request, within a reasonable period to be determined, the indictment or a self-employed request for a release (§ 71 (6) of the German law of the German state of law).

(3) A request for prosecution shall be replaced by the authorization pursuant to § 92. This shall be deemed to have been granted if a request has been made for prosecution.

Enforcement

§ 517. The Federal Minister of Justice is responsible for the enforcement of this law.

Klestil

Bowl