Amendment Of The Federal Act On Judicial Cooperation In Criminal Matters With The Member States Of The European Union (Eu-Jzg), Of The Extradition And Mutual Legal Assistance Act (Arhg) And The Bun...
Original Language Title: Änderung des Bundesgesetzes über die justizielle Zusammenarbeit in Strafsachen mit den Mitgliedstaaten der Europäischen Union (EU-JZG), des Auslieferungs- und Rechtshilfegesetzes (ARHG) und des Bun...
Read the untranslated law here: https://www.global-regulation.com/law/austria/2997827/nderung-des-bundesgesetzes-ber-die-justizielle-zusammenarbeit-in-strafsachen-mit-den-mitgliedstaaten-der-europischen-union-%2528eu-jzg%2529%252c-des-auslief.html
134. Federal law, the Federal law on judicial cooperation be changed in criminal matters with the Member States of the European Union (EU-JZG), the extradition and mutual legal assistance Act (ARHG) and the Federal Act on cooperation with the international courts (EU-JZG ÄndG 2011)
Table of contents article 1 amendment of the EU-JZG article 2 change of the ARHG article 3 amendment of the Federal Act on cooperation with the international courts Article 4 entry into force article 1
Change of the EU-JZG
The Federal Act on judicial cooperation in criminal matters with the Member States of the European Union (EU-JZG), Federal Law Gazette I no. 36/2004, amended by Federal Law Gazette I no. 112/2007, is amended as follows:
1. the table of contents is amended as follows:
(a) in the case of article 13, the phrase "of the Court of first instance" is omitted.
(b) the contents of the first phase of III. main piece is: "first section enforcement of foreign custodial sentences and preventive measures of first subsection enforcement of judgments other Member States § 39. conditions § 40. inadmissibility of enforcement § 40a."
Jurisdiction § 41. detention to secure the enforcement of section 41a.
Procedure § 41 b. decision of § 41c.
Postponement of the decision on the enforcement of § 41d.
Deadlines for decision section 41e.
Specialty section 41f. setting the enforcement of section 41 g.
Understanding of the issuing State article 41 h.
Cost section 41i. transit section 41j.
Cases of the European arrest warrant second subsection obtaining enforcement in another Member State § 42. Prerequisites section 42a.
Roll c the institution head section 42 b. referral of another Member State in article 42.
Cancellation of referral by section 42d.
Enforcement domestically § 42e.
Implementation of the transfer section 42f. consent to prosecution and punishment for other offences section 42 g.
Obtaining of transit"c) accounts for the quotation of the fifth section In the table of contents III. main piece and by section 54.
(d) in the contents of the first section of the IV. main piece is inserted after section 57 of the following section 57a with heading: "§ 57a. Consent to the transfer of data and results of an investigation by the safety authorities' e) In the table of contents of the seventh section of the IV. main piece is inserted before paragraph 75:
"First section"
f) In the table of contents of the seventh section of the IV. main piece is inserted before section 76:
"Second section"
(g) in the table of contents of the seventh section of the IV. main piece is the quotation of the previous section 77 and heading; the following new section is inserted after section 76: "third subsection obtaining criminal records information on nationals of other Member States § 77. conditions § 78. content and form of a request for § 79 trade route § 80. conditions for the use of personal data" h) In the table of contents, the following new major piece is inserted after section 80: "V. showpiece final, entry into force and transitional provisions § 81. references § 82. Inkrafttretens-and transitional provisions to the original version § 83. entry into and amendments transitional provisions § 84. enforcement" i) is added at the end of the table of contents : ' Annex VII certificate under article 4 of framework decision 2008/909/JHA of the Council on the application of the principle of mutual recognition to judgments in criminal matters, by which a custodial sentence or measure imposed is, for the purpose of their enforcement in the European Union annex VIII form to inform the sentenced person annex IX form referred to in articles 6, 7, 8, 9 and 10 of the framework decision of the Council 2009/315/JHA of the Council on the implementation and content of the Exchange " information extracted from criminal records between Member States of 2. Article 2 is amended as follows:
(a) Z 3 reads as follows: "3."Issuing State"of the State, the judicial authority has issued the European arrest warrant, or the State in which a judgment imposed a custodial sentence or a preventive measure related to detention."
(b) Z 7 is following lit. e) added: "e) which a judgment with which imposed a sentence or a preventive measure associated with detention, was communicated for the purpose of enforcement"
3. section 11 reads as follows:
"Section 11 (1) on the basis of a European arrest warrant is the transfer of enforcement of a custodial sentence imposed in absentia or the enforcement of a preventive measure ordered in the absence of associated with detention, only permissible, if certificate showing, that the person concerned in accordance with the rules of procedure of the issuing State 1st time by personal summons or otherwise of time and space of negotiation" that has led to the decision, has actually become aware and it is been taught that the judgment in his absence can be issued, 2. having regard to the scheduled negotiation has entrusted a self-selected or supplied by the Court defenders with his representation in the negotiation and of this in the negotiations actually represented was, 3. after delivery of the judgment handed down in absentia and after instruction on the right , the new implementation of the trial to apply for or to take an appeal, and in this way, also taking into account new evidence, in his presence and an annulment of the decision to reach a renewed examination of the facts of the case, a) has expressly declared to apply for no new implementation of the negotiations or take no appeal; or b) within the existing time limits, no new implementation of negotiation; applied for or taken no appeal or 4 that got non-personally delivered judgement delivered here expressly from his right, and get the new implementation of the trial to apply for this but immediately after his surrender personally or to take an appeal, and in this way to achieve a renewed examination of the facts, also taking into account new evidence, in his presence and an annulment of the decision, and will be used for existing deadline in knowledge.
(2) is the party concerned in the case of paragraph 1 previously didn't officially been Z 4 having regard to that against him in the issuing State criminal proceedings is pending, he can apply for the handing of a copy of the judgment on the occasion of the hearing to the European arrest warrant before its handover, that to get in is through the issuing judicial authority. By such an application, under sections 21 and 24 time limits be touched nor like those for an application new conducting of the proceedings or for the lodging of an appeal. The sentence is not in a language which the person concerned understands drawn up or accompanied by a translation into such a language, the issuing judicial authority to separate furnishing of a translation of judgment saying at least and the legal notice is to ask."
4. in article 21, paragraph 1 replaces the reference is "para 6 first to fifth set ARHG" "para 6 first to third set ARHG" reference.
5. in article 29, paragraph 1, the phrase is "on the basis of a judicial permit the arrest by means of a European arrest warrant" is replaced by the phrase "the arrest by the means of a judicially approved warrant".
6. in section 32 subsection 4, the words "or the enforcement of a foreign judgment" are eliminated.
7. the first section III. main piece is together with the title as follows:
"The first section
Enforcement of measures preventive imprisonment and detention related
First subsection
Enforcement of decisions of other Member States
§ 39. (1) an of a natural person who is either in the issuing State or in the country legally imposed time or lifelong imprisonment by a Court of another Member State after carrying out a criminal case or preventive measures associated with detention will be carried out under the following conditions under the provisions of this subsection: 1. regardless of the consent of the sentenced person, if it has Austrian citizenship and he a) has his domicile or permanent residence in the country , including the case, he is fled or otherwise returned to the place of this domicile or permanent residence in terms of criminal proceedings pending against him in the issuing State or the judgment in that State, or b) on the basis of a decision of expulsion, a removal order or a residence ban, regardless of whether that decision in the judgment or in a judicial or administrative decision made as a result of the judgment contain is , after completion of the criminal law or measure execution; deported to Austria or 2.
with the consent of the sentenced person and only in relation to those Member States which have given a declaration if the sentenced person has not the Austrian nationality, has his legal residence in the country continuously for at least five years and does not lose his right to permanent residence or long-term residence in Austria due to the conviction; or 3. with the consent of the sentenced person, if due to certain circumstances bindings of the person sentenced to Austria of such intensity, to assume is that, that the enforcement domestically is used facilitate the rehabilitation and reintegration of the offender into society, even if the conditions are not available according to Nos. 1 and 2.
(2) the Federal Minister for Justice shall by regulation to announce which Member States issued a Declaration No. 2 referred to in paragraph 1.
Inadmissibility of enforcement
section 40. The enforcement of measures preventive legally imposed imprisonment or associated with detention by a Court of another Member State is 1 if the Act underlying the judgment is not legally punishable under Austrian law even if the requirements are fulfilled pursuant to § 39 para 1 inadmissible; for fiscal offences, article 12 is to apply mutatis mutandis;
2. If at the time of the arrival of the documents mentioned in article 41, paragraph 1 to the competent court less than six months the imposed sentence or preventive measure associated with detention to enforce are;
3. when the underlying the judgment Act fully or to a large or significant part in domestic or aboard an Austrian ship or aircraft and the Prosecutor has decided to discontinue the proceedings for the same facts or otherwise except for tracking to the person;
4. If a final judgment in the domestic or a final, already vollstrecktes judgment in another State; fared against the sentenced person for the offence underlying the judgment
5. If the Act underlying the judgment was committed by a person, which under Austrian law was at the time indeed punishment a minor;
6. If the enforceability of the imposed sentence or preventive measure associated with detention; barred under Austrian law
7. as far as amnesty or pardon, granted the Shawshank Redemption at home or in the issuing State
8. to the extent that enforcement would violate provisions concerning immunity
9 If the judgment in the absence of the person sentenced, unless that certificate showing, that this in accordance with the rules of procedure of the issuing State a) timely by personal summons or otherwise of time and place of the hearing which led to the judgment, in fact has gained knowledge and it is been taught that the decision in his absence may be issued or b) having regard to the scheduled trial a self-selected or supplied by the court-appointed counsel has entrusted with its representation in the negotiation and; actually represented by this at the hearing (or c) after delivery of the judgment handed down in absentia and after instruction on the right to apply for the new implementation of the trial or a remedy to take, and in this manner, also taking into account new evidence, in his presence and an annulment of the decision to reach a renewed examination of the facts of the case, aa) has stated expressly to apply for no new implementation of the negotiations or take no remedy , or bb) within the existing time limits, no new implementation of negotiation; applied for or taken no appeal
10. If the imposed imprisonment includes a preventive measure related to detention, which enforced in paragraph 41 (b) par. 3 and 4 Herabsetzungs provided for or adaptability in Austria also taking into account are;
11. If the issuing State to one up to the decision on the enforcement of the application pursuant to section 41e para 4 consent required under section 41e subs. 2 No. 7 to failed, that the sentenced person in Germany for an other offence committed prior to surrender as those underlying the transfer, tracks, sentenced or subjected to the execution of a custodial sentence or a preventive measure associated with detention; or 12 if objective evidence, that the judgment in violation of fundamental rights or fundamental principles of law in the meaning of article 6 of the Treaty on European Union is established, in particular the term of imprisonment or the preventive measure for the purpose of punishment of the convicted person reasons his sex, his race, religion, ethnic origin, nationality, language, political opinion or sexual orientation associated with detention has been imposed , and the condemned man had no way, these circumstances before the European Court of human rights or to the Court of Justice of the European Union to make claims.
§ 40a. (1) to the decision on the enforcement of the sentence or preventive measure associated with detention, the Court is objectively responsible. The extent of the sentence to be enforced or preventive measure associated with detention is at least five years, the land court as a Senate of three judges will decide (§ 31 para. 6 StPO).
(2) the territorial jurisdiction is determined according to the place where the sentenced person has their place of residence or stay; It is located in judicial custody in Germany, the place is decisive. The jurisdiction of a particular court under those provisions is not possible to determine the regional court for criminal affairs Vienna is responsible.
(3) the Court, which is has been dealing with the enforcement is not responsible, so it assigns the matter to the competent court.
Prison for securing the enforcement of the
Section 41 (1) at the request of the public prosecutor may impose detention the Court on the convicted person prior to transmission of the judgment together with the certificate or before the decision on the enforcement to secure the enforcement, if 1 there is a request of the issuing State, the offender is resident in the country and appears not necessarily not allowed enforcement;
2. on the basis of certain facts of urgent suspected that the condemned man of because of the extent of the enforcement of the will beyond the custodial sentence to be enforced or preventive measures associated with detention; and 3 that consent of the person sentenced to the domestic enforcement is not required.
(2) on the procedure for the imposition, continuation and termination of detention referred to in paragraph 1, the provisions concerning pre-trial detention are after the prosecution (§ 175 ABS. 5 StPO) applicable analogously. It is anyway to cancel, if the time limit under article 41a, par. 4 has expired or set enforcement (section 41f).
section 41a. (1) the enforcement presupposes that the Court 1 to supersedes judgement;
2. certificate signed by the competent authority of the issuing State (annex VII) and, unless the issuing State has issued the explanation to accept certificates in German language as executing State (§ 42 paragraph 5 b), whose translation in the German language.
3. the opinion of the person sentenced to the delivery of the documents mentioned in Nos. 1 and 2, or Protocol recorded with this; and 4 in the event that the offender is already in Germany, transmitted to the filled-out form to inform the sentenced person (annex VIII).
(2) if the conditions laid down in article 39, paragraph 1, the domestic court may request, where appropriate, the competent authority of the issuing State, upon request pénale, to delivery of the documents listed in paragraph 1.
(3) in the cases of § 39 para 1 No. 3 has to hold consultations on the existence of the conditions set out in this provision the court first of all with the competent authority of the issuing State. The Court on the basis of the results of the consultations it is satisfied that the enforcement domestically is used facilitate the rehabilitation and reintegration of the offender into society, so the competent authority of the issuing State is to place, that the transmission of the documents listed in paragraph 1 may be effected forthwith in knowledge.
(4) If 1 not delivered the certificate been in essential parts is incomplete or obviously contrary to the judgment; 2. evidence that the conditions laid down in article 39, paragraph 1 is not available or that a Z 3, 4, 9, 10 and 12 grounds for inadmissibility of enforcement in section 40, the competent authority of the issuing State to separate furnishing is completion or supplementary information within a determined reasonable time with the note to request refusing enforcement entirely or partly within the grace period, and the offender will be released.
(5) before of the decision is, where appropriate, to submit a reasoned opinion of the competent authority of the issuing State, that the enforcement of the sentence or preventive measure associated with detention of domestically in the in article 39, paragraph 1 Z 1 and 2 mentioned cases does not facilitate the rehabilitation and reintegration of the offender into society serves, especially because its nationals in the issuing State or in another (member) State are resident or because the offender in the issuing State or in another () (Member) State of employment goes up. The competent authority of the issuing State shares with this opinion after checking that the certificate is not withdrawn, is the enforcement of other conditions to take over.
(6) before of the decision on the partial inadmissibility of enforcement is the competent authority of the issuing State to request a message whether and, where appropriate, approved under what conditions the partial enforcement or whether the certificate is withdrawn.
(7) the decision on the inadmissibility of enforcement for the reason of § 40 is no. 3 in particular to take account of whether the underlying the judgment indeed to a great or a substantial part in the territory of the issuing State has been committed.
(8) to the conditions of enforcement (§§ 39 and 40), the sentenced person under delivery of the completed form can be heard if he is in the country referred to in annex VIII.
(9) on the trade route, § 14 para 1 to 5 is applicable by analogy.
§ is 41 b. (1) on the enforcement of the decision to decide. The decision has the name of the Court, whose ruling is enforced, whose file number, a brief statement of the facts including the location and time of the Act, to include the name of the offence as well as the applied legislation of the issuing State.
(2) assumes the enforcement, prison sentence to supersedes in domestic or preventive measure associated with detention, subject to the provisions of paragraph 3 and 4 in the nature and duration is set, which is pronounced in the judgment to be enforced. The sections 38 and 66 of the Criminal Code shall apply mutatis mutandis.
(3) exceeds the imposed sentence or preventive measure associated with detention under Austrian law for a corresponding offence or maximum penalty provided for comparable offences, it is so on that under Austrian law for such offences maximum provided for to minimize.
(4) the imposed sentence or preventive measure associated with detention after their kind with the Austrian law compatible, is so on the preventive under Austrian law for comparable offences imprisonment provided for or detention-related measures to adapt. The adapted custodial sentence or preventive measure associated with detention must correspond as far as possible the sanction imposed in the issuing State and should not aggravate them.
(5) against the decision the transferring within 14 days to appeal to the higher regional court is open to the public prosecutor and the sentenced person.
(6) the provisions of Austrian law shall apply for the full, conditional release and the pardon.
Postponement of the decision on the enforcement
§ 41c. The decision on the enforcement of the sentence or preventive measure associated with detention is to postpone, 1st as long of an admissible appeal (section 41 paragraph 5 b) not adjudicated;
2. for the duration of the deemed by the Court required on translation of the judgment to be enforced; to be manufactured at its cost
3. up to the receipt of the information by the competent authority of the issuing State complementary coveted or materials.
Deadlines for the decision
§ 41d. Unless there is no reason for the postponement of the decision on the enforcement pursuant to § 41 c, is about enforcement within 90 days of receipt of § 41 para 1 to decide listed documents at the competent court. This period in exceptional cases not respected, so the Court has the competent authority of the issuing State, stating the reasons and the time likely to be required for a final decision, to inform.
section 41e. (1) a person who was transferred according to the provisions of this section to the action preventive enforcement of the sentence imposed on them in the issuing State or associated with detention in Austria, may subject to paragraph 2 because other action committed before their transfer as those underlying the transfer neither prosecuted nor sentenced nor be subject to the enforcement of a custodial sentence or a preventive measure associated with detention.
(2) the speciality of the transfer does not apply if the offender within 45 days from the territory of the Republic of Austria has not left 1 after his final release, although he could leave it and was allowed;
2. the convicted person has left the territory of the Republic of Austria and return voluntarily or legally brought back from a third State;
3. the action to be pursued either is threatened with imprisonment with a preventive measures associated with detention or prosecution does not lead to the application of a measure restricting personal liberty;
4. against the condemned a sentence not related to detention or measures, in particular a fine or a financial arrangement, shall be executed even if this enforcement, in particular through the enforcement of an imprisonment, leads to a restriction of personal freedom;
5. the offender has agreed to surrender
6. the convicted person expressly waives the observance of the principle of speciality after the transfer; or 7 that associated preventive measure agrees with detention of a competent authority of the issuing State of persecution, condemnation or enforcement of the sentence or the.
(3) the absence of compliance with the principle of specialty according to para 1 No. 6 is only effective if Court provided by the sentenced person on record. Where is this to teach about the effects of renunciation and to point out that it is free it, to communicate previously with a defender.
(4) the request for approval referred to in paragraph 1 has Z 7, joining a translation in the or one of the official languages of the executing State is subject to the provision of § 30 para 3 to contain the relevant information of a European arrest warrant referred to in annex II. It can be equipped with the note that the permission granted is assumed when the competent authority of the issuing State within 30 days after receipt of the request submitted a decision or other response.
Setting the enforcement
section 41f. informs the competent authority of the issuing State, that the judgment with which imposed a sentence or a preventive measure associated with detention, or its enforceability has been abrogated or that the enforcement for other reasons will no longer desire, is to adjust the execution; the same applies for the case of the withdrawal of the certificate (annex VII) by the competent authority of the issuing State.
Understanding of the issuing State
Article 41 g. The Court has immediately in the manner indicated in § 14 para 3 in knowledge to the competent authority of the issuing State, 1 when it emits the matter to the competent court (section 40a para. 3);
2. on request in the certificate, from the provisions of the Austrian law on the conditional dismissal stating that concerned as soon as possible when and the duration of the probationary period;
3. If the sanctions can not be enforced because the sentenced person is not discoverable upon submission of the documents specified in § 41 para 1 in Austria;
4. about the final decision on the enforcement under indication of the timing of the force of law;
5. If enforcement of entirely or partly denied, stating the reasons.
6. If the custodial sentence or preventive measure associated with detention is reduced or adjusted, indicating the reasons (§ 41 b paras 3 and 4);
7. If the penalty because of an amnesty granted to the convicted person or pardon is not enforced;
8. If the convicted person prior to the termination of the enforcement of imprisonment; escaped the or 9 when the penalty has been enforced.
§ 41 h. The costs incurred in the enforcement of a foreign judgment shall be borne with the exception of the cost of the transfer of condemned to Austria and the costs incurred exclusively in the territory of the issuing State by the Federal Government.
section 41i. (1) which can be due to a previous request, which is a copy of the certificate (annex VII) and that delivers to the stated way in § 14 para 3 transit of a sentenced person through the area who is Republic of Austria in another Member State, granted.
(2) no translation in the German language is the certificate, the applicant to transit Member State to separate furnishing a translation of the certificate in the German or English language can be requested.
(3) transit requires no permit if the airway is used and is not provided on the territory of the Republic of Austria. In case of an unscheduled stopover is granted the transit on the basis of a request to be transmitted from the issuing State within 72 hours, which is a copy of the certificate (annex VIII); Paragraph 2 shall apply.
(4) a domestic criminal claim against the person through to carrying does not preclude a transit. The public prosecutor's Office has to examine whether reason is to seek the surrender of the person through to chartered or to request the enforcement of state takeover of prosecution or enforcement action preventive imposed imprisonment or with detention imposed domestically but in this case.
(5) the Federal Minister will decide transit for Justice in consultation with the Federal Minister of the Interior within 7 days after receipt of the request. The decision is to defer to the long of translation coveted pursuant to par. 2. It is immediately to send the competent authority of the requesting State-led way to § 14 para 3.
(6) for the duration of the transit, the sentenced person in custody is to keep. § 49 ARHG mutatis mutandis shall apply to the conduct of transit operations.
(7) the requesting Member State is required to apply for reimbursement of the costs of transit through the territory of the Republic of Austria, except that he would bear the cost of a similar Austrian request itself. Information of the Federal Minister of Justice is to obtain about reciprocity in case of doubt.
Cases of the European arrest warrant
section 41j. The provisions of this subsection with the exception of § § 39, 40, 41 para 1 Nos. 1 and 3, 41a para 1 Nos. 3 and 2 to 8, with regard to the cases after no. 2 also with the exception of the section 41e, shall apply with the proviso also that enforcement case may not be refused the late separate furnishing, supplementing or amending the certificate (annex VII) : 1. where an Austrian judicial authority to execute a European arrest warrant against an Austrian citizen to the enforcement of a custodial sentence or a preventive measure associated with detention is invited and all other prerequisites for a transfer of the person concerned after the centre piece of this Federal Act, or 2. If the execution of a European arrest warrant against an Austrian citizen on condition the return to the full approved the imprisonment imposed by the Court of the issuing State or preventive measure associated with detention of a (§ 5 ABS.) (5) second subsection
Obtaining the enforcement in another Member State
42. (1) the enforcement is one by a domestic court to conduct criminal proceedings relating to a natural person located either at home or in the executing State, legally imposed time or lifelong prison sentence or preventive measure associated with detention, in another Member State to obtain under the following conditions under the provisions of this subsection: 1. regardless of the consent of the sentenced person and the State of enforcement , if the sentenced person is a national of the executing State and a) has in the State of enforcement, including the case, his domicile or permanent residence that he is fled or otherwise returned to this residence or permanent residence in terms of the criminal proceedings pending against him in domestic or the judgment in Germany, or b) on the basis of a decision of expulsion, a removal order or a residence ban, regardless of , whether this decision in the judgment or in a judicial or administrative decision made as a result of the ruling is included, would deported after the execution in the executing State
2. with the consent of the sentenced person and unless the State of enforcement has issued a declaration, if the convicted person is not a national of the executing State, has his legal residence in this State continuously for at least five years and does not lose his right to permanent residence or long-term residence in the executing State due to the conviction; or 3. with the consent of the sentenced person and the competent authority of the executing State if regardless of the absence of conditions Nos. 1 and 2 due to certain circumstances bindings of the sentenced person to the State of enforcement of such intensity, that to assume, that the enforcement in that State is used to facilitate the social reintegration of the offender.
Role of the school leader
section 42a. The head of the institution has with a convicted felon, where the conditions according to § 42 exist or are likely to exist, without to record undue delay in the executing state after his posting a record of its declaration to the obtaining of the execution of the imposed sentence or preventive measure associated with detention. In the transcript, the exact place of residence or the permanent stay of the convicted person in the State of enforcement is to capture and, if necessary, to specify whether against the convicted person as a result of the domestic judgment was already an expulsion decision or a removal order or a residence ban. The transcript is to submit the Federal Ministry of Justice in order to test obtaining enforcement.
Referral of another Member State
section 42 b. (1) after presentation of the document specified in section 42a by the Institute Director has the Federal Ministry of Justice to examine whether conditions are met according to § 42 or are likely to exist. If necessary, arranging the execution of the imposed imprisonment or associated with detention of a preventive measure by the competent authority of the executing State is to obtain.
(2) the Federal Ministry of Justice has prior to submission of the documents specified in subsection 4 to consult the competent authority of the executing State in every appropriate way according to § 42 para 1 No. 3 required consent. It has to present for whatever reason, the enforcement is the imposed imprisonment or associated with detention of a preventive measure in the executing state of facilitate the rehabilitation and reintegration of the offender into society.
(3) by obtaining the enforcement of the imposed imprisonment or associated with detention of a preventive measure in the executing State may be waived in individual cases, if due to certain circumstances bindings of the person sentenced to Austria of such intensity, to assume is that, that the execution of the imposed sentence or preventive measure associated with detention of domestic is used to facilitate the rehabilitation and reintegration of the offender into society.
(4) the Federal Ministry of Justice has the competent authority of the executing State 1 judgment including translation, as long as such for the foreign convict in the domestic proceedings already made;
2. a completed and signed certificate (annex VII) with the request for disclosure of the applicable provisions of law about the conditional or early dismissal and, unless the State of enforcement has not declared to accept certificates in German language, their translation into an official language of the executing State or in another language accepted by this;
3. the minutes of the Declaration of the person sentenced after section 42a; and 4 in the event that the offender is already in the executing State, to submit the completed form to inform the sentenced person (annex VIII).
(5) if the competent authority of the executing State considers the certification not as sufficient for the decision on execution, a translation of the judgment or the relevant parts of thereof in the official language or one of the official languages of the executing State or in an other official languages of the institutions of the European Union, accepted by this is you on request to submit; the essential parts of the judgment to be translated, if necessary, will be announced here in the context of consultations by the competent authority of the executing State. A request for translation of the judgment or the relevant parts of thereof can only be held if a corresponding statement was given by the executing State.
(6) a request from the competent authority of the executing State or convicted to submission of the documents specified in subsection 4 no obligation to transfer.
(7) when the competent authority of the executing State submits a reasoned opinion after submission of the documents specified in subsection 4, according to which the execution of the imposed imprisonment or associated with detention of a preventive measure in the executing State in cases not facilitating the rehabilitation and reintegration of the offender into society is used pursuant to § 42 para 1 Nos. 1 and 2, the Federal Ministry of Justice has to consider , if there is reason for the withdrawal of the certificate (annex VII). By the result of the audit, the competent authority of the executing State, stating the reasons in knowledge is to put.
(8) on the Commerce, § 14 para 1 to 5 is to apply mutatis mutandis. Are the judgment and the certificate not on the post were sent, are the competent authority of the executing State at their request to submit a copy or certified copy of the judgment, as well as the original of the certificate by post.
(9) the simultaneous referral of a further Member State enforcement is not allowed.
(10) of the decision on the obtaining of enforcement in the State of enforcement, the resident in Germany convicted in a language he understands, using of the form filled-in is to put pursuant to annex VIII in knowledge.
(11) the Federal Minister for Justice shall by regulation to announce which Member States accept what official languages (para. 4 No. 2) and which Member States have submitted the declaration mentioned in paragraph 5.
Withdrawal of referral
§ 42c. The Federal Ministry of Justice has immediately to inform the competent authority of the executing State if has been 1 the judgment with which the custodial sentence or preventive measure associated with detention is imposed, or its enforceability subsequently repealed, amended, or minimized the extent of the sentence or preventive measure associated with detention;
2. the enforcement for other reasons, because the offender not more sought after and therefore the certificate is withdrawn in accordance with applicable law about the conditional or early dismissal before serving two-thirds of the imposed imprisonment would dismiss.
Enforcement domestic
section 42d. (1) as soon as started in the State of enforcement to the enforcement of the sentence or preventive measure associated with detention, whose more enforcement in Germany is not permitted.
(2) the enforcement procedure can continue but, 1 after is has been communicated to the competent authority of the executing State, that enforcement will; no longer desires
2. after the competent authority of the executing State has informed that the sanction due to escape of the sentenced person from the imprisonment; been enforced prior to termination of execution not to entirely
3. If the sanction in the State of enforcement could not be enforced because the condemned man in this could be not found.
Implementation of the transfer
§ 42e. (1) the sentenced person is located in Austria, it is a time to be agreed with the competent authority of the executing State, not later than 30 days after the legal force of the decision on execution in the executing State to transfer.
(2) the transfer within the time limit referred to in paragraph 1, due to unforeseen circumstances is not possible, the competent authority of the executing State so immediately informed to put. In such a case is the transfer within 10 days after the new date agreed upon with the competent authority of the executing state after removal of the obstacle.
Consent to the prosecution, conviction or enforcement of penalties for other offences
Article 42f. (1) of article 5 paragraph 5 is the prosecution or sentencing convicted because other action committed before passing it as the one that underlies the transfer, as well as the enforcement of a custodial sentence imposed because of such action or a preventive measure associated with detention by the Court on request of the competent authority of the executing State, if necessary, in accordance with the provisions and 11 no. 3 , to approve, if the conditions for a transfer after the centre piece of this Federal Act. The decision is to meet within 30 days of receipt of the request.
(2) the request shall contain the relevant information of a European arrest warrant referred to in annex II and is to be provided subject to the provision of § 30 para 3 with a translation into German.
Obtaining of transit
section 42 g. (1) there is reason to the transit of the sentenced person by another Member State, on the basis of a decision imposed by a domestic court, the Federal Ministry of Justice has a request for transit, which cannot be delivered-led way to in § 14 para 3, access of a copy of the certificate (annex VII) to the competent authority of the Member State concerned to submit.
(2) on the request of the Member State requested to grant transit a translation of the certificate in a to specify in the request language, that the Member State requested to grant transit takes to deliver is this."
8 § § 43 and 44 shall be repealed.
9. in paragraph 49, the phrase "third movement" is replaced by the phrase "second sentence".
10 § 52a para 1 sub-para. 8 reads as follows: "(8. wenn die vermögensrechtliche Anordnung in Abwesenheit des Betroffenen ergangen ist, es sei denn, dass dieser indem Einklang mit den Verfahrensvorschriften des Entscheidungsstaats a) on time by personal summons or otherwise of time and place of the trial, which has led to the financial arrangement, actually gained knowledge and is been taught about it" , that the financial arrangement in his absence can be issued
(b) having regard to the scheduled a self-selected or supplied by the Court defenders with his substitution in the negotiation has entrusted and was represented by this in the trial actually negotiating; (or c) delivery of property arrangement in absence and instruction on the right to apply for the new implementation of the trial or a remedy to take, and in this way, also taking into account new evidence, in his presence and an annulment of the decision to reach a renewed examination of the facts of the case, aa) has expressly declared to apply for no new implementation of the negotiations or take no remedy; (oder BB) within the existing time limits requested no new implementation of negotiation or no appeal taken has. "
11. in article 52 b paragraph 1, the phrase 'the Court of first instance' is replaced by the phrase "the Court".
12. in article 52d paragraph 3, the phrase "the Court of second instance" is replaced by the phrase "the Court of appeal".
13 § 53a Z 10 is as follows: "(10. wenn die Entscheidung in Abwesenheit des Betroffenen ergangen ist, es sei denn, dass dieser indem Einklang mit den Verfahrensvorschriften des Entscheidungsstaats a) on time by personal summons or otherwise of time and space of negotiation, which has led to the decision, actually gained knowledge and taught been is, that the decision in his absence can be issued"
(b) having regard to the scheduled a self-selected or supplied by the Court defenders with his substitution in the negotiation has entrusted and was represented by this in the trial actually negotiating; (or c) after notification of the decision handed down in absentia and after teaching about the right to apply for the new implementation of the proceedings or to take an appeal and in this way of a renewed examination of the facts of the case, taking into account new evidence, in his presence and to reach a decision, aa) has expressly declared to apply for no new implementation of the negotiations or take no appeal; (oder BB) within the existing time limits requested no new implementation of negotiation or no appeal taken has. "
14 § 53a 10 following Z 10a is inserted in to the Z: "10a.
If the decision in the absence of the person concerned is taken, unless this has explicitly declared after expressly informing about the process and the opportunity to appear at the hearing personally on the right to waive oral hearing and to take no appeal against the decision."
15. in paragraph 53, b paragraph 1 is replaced by the phrase "the Court" the phrase 'the Court of first instance'.
16. in section 53d para 4, the phrase "the Court of second instance" is replaced by the phrase "the Court of appeal".
17 § 54 is repealed along with the heading "Fifth section - enforcement of custodial sentences and preventive measures".
18. According to article 57 the following section 57a with heading is inserted: 'consent to the transfer of data and results of an investigation by the safety authorities
§ 57a. (1) has arranged a domestic security agency over their request to authorise the competent security authority of another Member State at their request data and other results from a domestic criminal proceedings, which were obtained through investigations by the public prosecutor's Office specifically that the public prosecutor's Office (paragraph 5) or approved (§ 102 StPO) or even performed by you (section 103, paragraph 2 StPO) were without forward following the occurrence of a request for assistance of a judicial authority , 1 if the request relates to an offence, which is threatened under Austrian law with a sentence or a preventive measure associated with detention, the maximum term of imprisonment of more than one year, and 2. If this endangers the safety of persons, nor the purpose of ongoing investigations will appear.
(2) the permit does not come into consideration as far as the data or the results of investigation have been gained through the investigative measures, which require a court approval (article 105, paragraph 1 StPO). The submission of such information is permitted only on the basis of a request for assistance of a judicial authority.
(3) the transmission is also without the existence of a request for a safety authority of another Member State to approve, if to assume on the basis of certain facts is that this makes the pursuit of a criminal offence of considerable importance to associate one of the categories referred to in annex I.A of crime, can be promoted or prevent the Commission of such an offence.
(4) at the same time with the approval, the public prosecutor's Office has to consent to the use of the transmitted data and results of an investigation as evidence in criminal proceedings in the requesting Member State.
(5) for approval the public prosecutor's Office is responsible, within whose jurisdiction the criminal proceedings in which the investigations run, is pending or was."
19. in article 58, paragraph 2, the phrase "by the Court" is replaced by the phrase "by the competent public prosecutor'.
20. before section 75 shall be inserted:
"Second section" 22. The following section is inserted after section 76: "third subsection
Obtaining criminal records information on nationals of other Member States
§ 77. Is required in domestic criminal proceedings criminal records information on a national of another Member State, the central authority of that Member State is according to the provisions of this subsection to request the delivery of criminal record information.
Content and form of a request for
Request for submission of criminal record information are 78. (1) to make using the standard form according to annex IX of this Federal Act and shall contain the particulars therein.
(2) request for submission of criminal record information must be in the or one of the official languages of the requested Member State.
(3) when Member States accept requests for submission of criminal record information other than their own official languages, the Federal Minister of Justice has to announce this by regulation.
Business way
Request for submission of criminal record information shall be section 79 (1) under this Federal Act in the ways of the criminal records Office of the Federal Police Headquarters Vienna.
(2) article 13 in conjunction with article 15 of the European Convention on mutual assistance in criminal matters of 20.4.1959, Federal Law Gazette No. 41/1969, remains unaffected.
Conditions for the use of personal data
section 80. Personal data acquired under the provisions of this section may be used only for the purposes of criminal proceedings, for which they were solicited."
23. under section 80 shall be inserted:
"BC main piece"
Final, entry into force and transitional provisions"
24. the content of the previous § 77 para 9 is included in a new article 81; the heading is replaced by this:
"References"
25. you previous paragraphs 1 to 7 of section 77 be included as paragraphs 1 to 7 in a new article 82; the heading is replaced by this:
"Entry into force and transitional provisions to the original version"
26. the second sentence of article 82, paragraph 4 as follows:
"Such European arrest warrants the ARHG as amended at the time of the decision are, at this time, to apply law of the European Union, as well as other intergovernmental agreements which stood on January 1, 2004, in force."
27 in section 82 para 6, the comma and the words 'Luxembourg and Slovenia' be omitted after the word "Italy".
28. you previous paragraphs 11 to 14 of section 77 be included as paragraphs 1 to 4, in a new section 83; the heading is replaced by this:
"Entry into and amendments transitional provisions"
29. in article 83 shall be added following paragraph 5 to 10:
"(5) subject to paragraph 7 the § contact § 2, 11, 21 para 1, 29 par. 1, 32 para 4, 39 to 42 g, 49, 52a paragraph 1 Z 8, 52 b paragraph 1, 52d paragraph 3, 53a Z 10 and 10a, 53 para. 1, and 53d para 4 and 57a, and annexes II, V, VI, VII and VIII as amended by Federal Law Gazette I no. 134/2011 with January 1st, 2012 in force." From this date are in relation to those Member States which have already implemented the regulations for the execution of foreign sentences and detention of related preventive measures, by this federal law replaced following international agreements: 1. the Convention on the transfer of sentenced persons of 21 March. 1983, ETS No. 112, BGBl. No. 524/1986, and the additional Protocol thereto of 18 December 1997, ETS No. 167 , BGBl. III No. 26 / 2001;
2. the Convention on the international validity of criminal judgments of 28 May 1970, ETS No. 70, Federal Law Gazette No. 249/1980; 3. Title III, Chapter 5 of the Convention of 19 June 1990 implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, Federal Law Gazette III No. 90/1997.
(6) sections 77 to 80, as well as the annex IX as amended by Federal Law Gazette I no. 134/2011 with 27 April 2012 into force.
(7) in relation to Italy the § contact § 11, 40 Z 11, 52a para 1 sub-para. 8, 53a Z 10 and 10a and annexes II, V and VI in the version of Federal Law Gazette I no. 134/2011 with 1 January 2014 into force.
(8) the provisions of the first subsection of the first phase of III. main piece do not apply to judgments and certificates referred to in annex VII, which are entered into before December 5, 2011 with the Austrian authorities.
(9) in relation to Latvia, Lithuania, the Netherlands and Poland addressed the enforcement of custodial sentences and preventive measures associated with detention, as well as their obtaining in the cases where the judgment before the expiry of the December 5, 2011 has been, according to the applicable provisions of the ARHG and intergovernmental agreements standing at that time with the States concerned in effect.
(10) in relation to Poland is in those cases where the judgment before the end of the 5th December 2016, 1 Notwithstanding the permissibility of execution by § 39 para 1 subpara 1 lit. a, and 2. the obtaining of enforcement by way of derogation from § 42 para. 1 No. 1 lit. a the approval of the Shawshank Redemption ahead.
30. the content of the previous section 77 para 10 is included in a new section 84; the heading is replaced by this:
"Enforcement"
31 in Appendix II is the box d) as follows: ο
"d) indicate whether the person to the negotiation that led to the decision, has appeared personally:"
1 (Yes, the person has appeared personally to negotiate, which has led to the decision.
2. (no, the person was released not personally to negotiate, which has led to the decision.
3. (Please specify the possibility of crossed under number 2, that one of the following applies:)
(3.1a the person was summoned to the ...(tag/monat/jahr) personally and it used by the date and place of negotiation in knowledge has led to the decision, as well as of informed, that a decision can be issued even if it does not appear at the hearing;
(3.1b the person was not personally summoned, but otherwise actually officially of the date and place of negotiation, which has led to the decision having regard to set, and in a way, that without a doubt, demonstrated that she scheduled proceedings had knowledge thereof, a decision can even happen if you to negotiate does not appear; used as well as
(3.2 informed anberaumter negotiation, the person has a mandate for a legal counsel, either by the person concerned or by the State has been ordered, granted at the trial to defend them, and is been; defended actually at trial of this legal assistance
(3.3 of the person was the decision most...) (Day/month/year) delivered to, and it was used explicitly their right on retrial or an appeal in knowledge, in which the person can participate and in which the facts of the case, including new evidence, can be re-considered and the original decision will be repealed, and the person has expressly declares that it does not contest this decision;
the person has requested no retrial or no appeal procedure within the applicable time limit;
(3.4 the decision was not personally delivered to the person, but - she will receive personally made the decision immediately after the handover, and - is used for notification of the decision expressly by their right to retrial or an appeal having regard to, in which the person can participate and in which the facts of the case, including new evidence, can be re-considered and the original decision will be repealed) , and - it is from the period having regard to be used, she possesses the... to request a retrial or an appeal, Days.
"4. Please give us 3.1 b to the number, 3.2 or 3.3 ticked possibility of how the relevant condition was met:..."
32. in annex V, is the box j) as follows:
"(j) procedure, which has led to the confiscation order
Specify whether the person to the trial, which has led to the confiscation appeared personally:
1 (Yes, the person has appeared personally to negotiate, which has resulted in the confiscation order.
2. (no, the person was released not personally to negotiate, which has resulted in the confiscation order.
(3.1 a was the person most...) (Day/month/year) personally summoned here used by the date and place of negotiation in knowledge has led to the confiscation and it used in knowledge, that a decision can be issued even if it does not appear at the hearing;
(3.1b the person was not personally summoned, but otherwise actually officially of the date and place of negotiation, which has led to the confiscation order having regard to set, and in a way, that without a doubt, demonstrated that she scheduled proceedings had knowledge thereof, a decision can even happen if you to negotiate does not appear; used as well as
(3.2 the person has notified of scheduled negotiating a mandate for a legal counsel, either by the person concerned or by the State has been ordered, granted at the trial to defend them, and is been; defended actually at trial of this legal assistance
(3.3 of the person was the confiscation order at...) Set to (day/month/year) and their right to re-trial was expressly or on an appeal in knowledge, the person can participate in the and the facts of the case, including new evidence, be re-examined and the original decision can be lifted, and
the person has expressly declares that it does not contest this decision.
4. Please give us 3.1 b to the number, 3.2 or 3.3 ticked possibility of how the relevant condition was met:
33. in annex VI is the box h) point 3 as follows:
"3. indicate whether the person concerned to the negotiation that led to the decision, has appeared personally:"
(3.1 a was the person most...) (Day/month/year) personally summoned here used by the date and place of negotiation in knowledge has led to the decision and informed set of, that a decision can also be issued if it does not appear at the hearing;
(3.1b the person was not personally summoned, but otherwise actually officially of the date and place of negotiation that led to the decision, having regard to used, in a way, that without a doubt, demonstrated that she had knowledge of the scheduled hearing, so how it informed, that a decision may even be , if it appears not to be negotiated;
The person has no resumption of the procedure within the applicable period or no appeal procedure applied for;
(3.4 the affected person has communicated expressly explains, she waived the right on hearing, and has expressly after expressly informing about the process and the opportunity to appear in person at the hearing, that it does not disturb the decision.
"4. Please give the number 3.1b, 3.2, 3.3 or 3.4 ticked possibility of how the relevant condition was met:..."
34. According to annex VI following annexes VII to IX is added:
'Annex VII
Certificate referred to in article 4 of the framework decision 2008/909/JHA of the Council on the application of the principle of mutual recognition to judgments in criminal matters imposing a custodial sentence or a measure involving deprivation of liberty for the purpose of their enforcement in the European Union
[see the document "EU-JZG annex VII"]
Annex VIII
Form to inform the sentenced person
[see the document "EU-JZG annex VIII"]
Annex IX
Form referred to in articles 6, 7, 8, 9 and 10 of the framework decision of the Council 2009/315/JHA of the Council on the organisation and content of the exchange of information extracted from criminal records between Member States
"[see the document" EU-JZG annex IX "]"
Change of the ARHG
The Federal Act of 4 December 1979 on extradition and mutual legal assistance in criminal matters (extradition and mutual legal assistance law — ARHG), Federal Law Gazette No. 529/1979, amended by Federal Law Gazette I no. 112/2007, is amended as follows:
1. in paragraph, the phrase "the public prosecutor's Office" by the phrase "the Court" is replaced in the second set 37 No. 2.
2. in article 38, paragraph 1, the reference is "§ 37 Z 3" with the reference "section 37 Z 2" replaced.
3. in section 39 at the end of the last sentence of point replaced with a semi-colon and attached the following phrase: "§ 43 para. 2 StPO is to apply mutatis mutandis."
4. § is amended 67 paragraph 1 as follows:
a. at the end of the first sentence, the words "or had" be inserted before the point;
b. the following sentence is inserted after the second sentence:
"The request relates to the enforcement of a custodial sentence or a preventive measure associated with detention to the extent of at least five years, the land court as a Senate of three judges will decide (§ 31 para. 6 StPO)."
c. in the last movement the bracket expression "(§ 31 Abs. 5 StPO) is eliminated".
5. in article 70, paragraph 3, the last sentence is omitted.
Amendment of the Federal Act on cooperation with the international courts
The Federal Act on cooperation with the international courts, Federal Law Gazette No. 263/1996, is amended as follows: 1 in article 1 be the word "and"
at the end of Z 1 by a comma and the comma at the end of no. 2 by the word "and"
replaced; 3 is inserted following Z after Z 2: "3. the resolution 1966 (2010) of the Security Council of the United Nations by December 22, 2010 created residual mechanism for the courts referred to in Nos. 1 and 2," 2. In article 28, the following paragraph 1a is inserted:
(1a) section 1 in the amended by Federal Law Gazette I is no. 134/2011 on July 1, 2012, in force.
Article 2 of this federal law shall enter into force January 1, 2012.