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The administrative penalty system applied in Austria in the area of road traffic

(Beginning in previous issue of a magazine)

Orkhan Hajiyev,
Baku State University Post-Graduate Student

In article is marked, that peace means of the sanction of the international disputes it is ways of settlement a disagreement and questions at issue between the states in full conformity with main principles of modern international law  without application of the armed force and compulsion in any form.


Fines without identification

§ 49a. (1)Unless provided otherwise by administrative rules and regulations, the authority may accelerate the proceeding by designating through administrative regulation certain administrative offences for which it may impose, in compliance with §19 para 1, a predetermined fine without identification of the offender of up-to 220 euros.
(2) In case the authority, by administrative regulation, has imposed a fine in accordance with para 1, it may dispense with investigating the identity of an unknown offender (§34) and impose a fine without identification without determining a substitute fine, if
1. the report is based on the personal observation of a law enforcement officer or on automatic surveillance and
2. both the extent of the damage resulting from the offence or the exposure to danger of the interests to be protected by the fine, as well as the detrimental consequences resulting from the offence need not be taken into account in connection with the identity of the offender.
(3) The fine without identification shall state:
1. the name of the authority and the date when issued;
2. the offence taken as having been committed and the respective time and place when and where committed;
3. the administrative regulation violated by the offence;
4. the fine imposed and the provision of the law applied;
5. the instructions on the settlement as per para 6.
(4) The fine without identification shall be accompanied by a postal remittance form. On this form an identification number shall be stated which can be computer processed. §50 para 5 shall apply accordingly.
(5) The ticket for the fine without identification shall be served to a person that may be assumed by the authority with good reason to know or be able to easily find out the identity of the offender either directly or through a representative according to §9.
(6) The fine without identification is not an act of prosecution. No appeal is possible against it. It will become ineffective unless within four weeks after having been imposed the fine is paid using the form as stated in para 4. After a fine without identification has become ineffective, the  uthority shall proceed in accordance with § 34.Payment of the fine by remittance (para 4) shall be considered to have been effected in time if the amount has been transferred to the account number stated in the form, if the payment order contains the complete, correct EDP identification number stated on the form and the amount of the fine is credited to the recipient's account by the due date.
(7) If the amount of the fine is paid by the due date using the form (para 4), the authority shall definitely dispense with searching for the unknown offender and prosecuting him.
(8) The fine without identification must neither be mentioned in officialrecords nor on occasion of imposing a sentence in an administrative penalproceeding. Any link of data, going beyond what is stated in paras 5 and 6, with data of a fine without identification in e-mail communication is not permitted. The data of such a fine without identification shall be physically deleted at the latest six months after the date when they have become ineffective or the fine has been paid.
(9) If the amount of the fine is paid with the form (para 4) after expiry of the term stated in para 6 and the person charged with the offence submits evidence of having paid the fine during the administrative penal proceeding, such fine shall be either reimbursed or compensated.


Police fine ticket

§ 50. (1) The authority may authorize specially trained officers of the police force to impose and collect police fines for certain administrative offences noticed by them on duty or personally admitted to them. Unless the administrative regulations determine a maximum amount for a fine to be collected for administrative offences, a generally applicable amount, to be decided in advance, of up-to 36 euros shall be determined by the authority. If the authorizing authority is not at the same time the supervising authority, the authorization can be given only with the consent of the supervising authority.
(2) The executive officers (para 1) may also be authorized by the authority to hand over to the person fined a form suitable for payment by post bank or deposit the form on the place of the offence if no specific person is identified. The form shall state an identification number that can be computer processed.
(3) The scope of such authorization is to be stated in a document to be handed to the law enforcement officer. Upon request, the executive officer is obligated to present this document when imposing the fine.
(4) A police fine shall state the offence, the time and place when and where committed, the amount fined and the name of the authority imposing the fine. If a form according to para 2 is used, the law enforcement officer shall further collect those data required for a report to the authority, if required.
(5) The layout of the forms to be used for police fines, the way how to issue them and the way cost and proceeds of the fines collected are to be handled, shall be determined by administrative regulation of the Federal Government.
(6) No appeal is possible against a police fine.
In case the person charged with the offence refuses payment of the fine or accepting the form (para 2), the police fine becomes ineffective. Failure to effect payment using the form (para 2) within a two weeks' term, to be counted from the day when the form was deposited on the place of the offence or handed over to the person charged with the offence, is considered refusal of payment of the fine. In case payment of the fine or accepting the form (para 2) is refused, a report on the offence shall be rendered to the authority. Payment of the fine by remittance (para 2) shall be considered to have been effected in time if it has been effected to the account number stated in the form, if the payment order contains the complete; correct EDP identification number stated on the form and the amount of the fine is credited to the recipient's account by the due date.
(7) If the amount of the fine is not paid with the form (para 2) or after expiry of the term stated in para 6 and the person charged with the offence submits during the administrative penal proceeding evidence of having paid the fine, such fine shall be either reimbursed or compensated.
(8) The executive officer (para 1) may be authorized by the authority to accept payment by the person committing the offence also in certain foreign currencies or by check or credit card. If the fine is paid by credit card, the discount agreed with the credit card company shall be borne by such body to whom the fine is allocated.
5. Section: Judicial review by independent administrative panels of appeal Appeal
§ 51. (1) The administrative penal proceeding grants the right to appeal to the independent administrative panel of appeal of the Land where the authority issuing the ruling is located.
(2) Administrative rules and regulations determine whether and to what extent administrative authorities can file an appeal.
(3) The appeal can also be filed verbally, in which case a motion of appeal stating the reasons is not necessary. The authority, however, shall draw up minutes stating the reasons for the appeal filed by the person charged with the offence.
(4) Being detained, a person charged with an offence cannot effectively waive an appeal (§63 para 4 General Administrative Procedure Act).
(5) If a person charged with an offence requests the appointment of a defence counsel within the period allowed for the appeal, such term shall in his case start from the date when the ruling appointing the defence counsel and the ruling to be contested have been delivered. If a request to be given a defence counsel filed in due time is rejected, the term for the appeal starts with the date of service of notification of the rejecting ruling to the person charged with the offence.
(6) Upon appeal filed by the defendant or in his favour, no higher fine must be imposed in an appellate decision or preliminary appellate decision than was imposed in the ruling appealed.
(7) After expiry of a 15 months' period after an appeal has been served against a fine in a proceeding in which only the defendant has the right to appeal, the fine shall become ineffective by law; the proceeding shall be dismissed. The period of duration of a proceeding in the Constitutional
Court, the Administrative Court or the Court of the European Communities shall not be included in this term.


Legal aid

§ 51a. (1) If the suspect is not in a position to assume the cost of the counsel for defence without impairing the maintenance support for himself and his family at a modest standard of living, the independent administrative panel of appeal shall decide, upon request of defendant, to grant legal aid, if and to the extent this is required in the interest of a due process of administrative law, and in particular in the interest of an adequate defence.
(2) The request to be given a defence counsel can be brought in in writing or verbally. It is to be filed with the authority when brought in between the rendering of the ruling and the filing of the appeal, and with the independent administrative panel of appeal, if filed after filing the appeal. If the request is filed with the independent administrative panel of appeal within the term allowed for the appeal, it shall be considered as having been filed in due time. The request shall name the penal case for which legal counsel is requested.
(3) The independent administrative panel of appeal shall decide on the request by single member. As soon as the independent administrative panel of appeal has decided to grant legal aid, it shall notify the committee of the Bar Association in the territory of the independent administrative panel of appeal which then shall appoint a lawyer as defence counsel. In doing so, the committee shall consider proposals of the defendant for the person of the counsel to be chosen, in coordination with the respective lawyer, to the extent possible.
(4) The appointment of a defence counsel ceases as soon as a counsel with power of attorney steps in.
(5) In cases of private prosecution and penal tax law of the Laender,paras 1 through 4 shall be applied with the proviso that the request for legal aid can also be filed if the ruling has not been issued within the term allowed for decision. At the earliest, it may be filed simultaneously with the motion for decision by a higher instance and shall be addressed to the independent administrative panel of appeal.
Members

§ 51c. If the ruling appealed imposes neither a primary sentence of imprisonment nor a fine exceeding 2000 Э, the independent panels of appeal of the Laender shall decide by single member. In all other cases they decide, except for cases specially provided for in the law, by panels consisting of three members.

Parties

§ 51d. The authority issuing the ruling contested is also considered party in the appeal proceeding, in the proceeding on the request for decision by a higher instance also the subordinate authority is a party.

Public oral hearing (Hearing)

§ 51e. (1) The independent administrative panel of appeal shall hold a public oral hearing.
(2) The hearing will be dispensed with if
1. the party's request or the appeal is to be rejected or on basis of the records of the case the ruling contested by the appeal is to be repealed;
2. the request for decision by a higher instance is to be dismissed or rejected;
(3) The independent administrative panel of appeal may dispense with an appellate hearing if
1. the appeal only claims an incorrect evaluation of the legal situation or
2. the appeal only contests the extent of the sentence
3. the ruling contested imposed a fine not exceeding 500 Э or
4. the appeal contests a procedural ruling and neither party requested a hearing to be held.
The appellant shall request in his appeal if he wants a hearing to be held. Persons who may wish to contest the appeal shall be given the opportunity to request that a hearing be held. A motion to hold a hearing can be withdrawn only with the consent of the other parties.
(4) Irrespective of a motion filed by a party, the independent administrative panel of appeal may dispense with a hearing if it has to issue a ruling under procedural law or if the records of the case show that personal discussion is not likely to provide further clarification of the matter, provided that art. 6 para 1 of the Convention for the Protection of Human and Basic Rights, Federal Law Gazette No. 210/1958 does not provide anything to the contrary.
(5) The independent administrative panel of appeal may dispense with proceeding to a hearing upon an express waiver of the parties. Such waiver may be declared at any time before the beginning of the (continued) oral hearing.
{6} The parties shall be summoned to attend the hearing in due time allowing them a minimum period of two weeks from the day of receipt of the summons for preparing their case.
(7) More than one case may be heard together if this is feasible from the point of view of related subject matter of the administrative offences concerned. The executive bodies of the independent administrative panel of appeal shall decide by mutual agreement on a joint hearing. In case of a joint hearing the orders and decisions regarding the hearing shall, in the case of proceedings being on the one hand in the jurisdiction of a panel, on the other hand in the jurisdiction of a single member, be issued by the panel, in proceedings being in the jurisdiction of more than one panel or more than one single member, by the executive body determined for such case in the internal rules of the independent administrative panel of appeal. The executive body having jurisdiction in accordance with the laws of the respective Land shall be in charge of holding the hearing.
§ 51f. (1) The hearing begins when the case is called- Upon that, witnesses shall leave the room where the hearing is held.
(2) Failure of a party to appear in spite of having been summoned in due course shall be no reason not to proceed with the hearing or not to render a decision.
(3) At the beginning of the hearing its subject shall be stated and the course of the proceeding up to that time shall be summarized.Then the parties shall be given the opportunity to make their comments.

Taking of evidence

§ 51g. (1) The independent administrative panel of appeal shall take the evidence required to decide the case.
(2) Each person under examination may be asked questions by the chairman of the hearing, by the parties and their counsel, in particular by the person charged with the offence, in a proceeding before a panel also by the members of the panel. The chairman of the hearing grants them leave to speak. He may reject questions not contributing to clear up the merits of the case.
(3) Minutes drawn up on the examination of defendant or witnesses as well as expert testimonies are permitted to be read only if
1. the persons examined are deceased by that time, their place of stay is unknown or they cannot be summoned to appear in person because of their age, an illness or frailty, the place where they live is too far away or other essential reasons or
2. essential parts of the testimony of persons examined in the oral hearing are different from their earlier testimony
3. witnesses or defendants refuse to testify without having the right to do so or
4. all parties present agree.
(4) Defendant must be shown any other evidence, such as minutes of inspection on the locus in quo, photos or documents. He must be given the opportunity to comment on such evidence.
§ 51h. (1) To the extent possible, the proceeding is to be terminated in one hearing. The proceeding shall be adjourned if examining a defendant who failed to attend the hearing or taking further evidence proves to be necessary.
(2) Taking of evidence is to be terminated as soon as the case is ready for decision.
(3) As soon as taking of evidence has been terminated, the parties shall be given opportunity to make their final statements. Defendant has the right to be the last person to give his statement. Minutes of proceedings before the independent administrative panels of appeal need not be signed by the witnesses,
(4) Upon that the hearing is to be closed. In the case of a proceeding before a panel, its members shall retire for deliberation and decision. To the extent possible, the decision of the ruling and its essential reasons shall be decided upon and pronounced immediately. (5)

Immediacy of the proceeding

§ 51i. If a hearing has been conducted, in rendering the decision shall be considered only what had been brought up during the hearing. Only such written records shall be taken into account which have been read during the hearing, unless defendant waived such reading, or containing evidence not deliberated because continuing the hearing has teen waived to §51e para 5.
6. Section: Other modification of rulings Resumption of a proceeding to the detriment of defendant
§ 52. A penal proceeding closed by dismissal may only be resumed within the deadlines defined in §31 para 2.

Modification and repeal ex officio

§ 52a. (1} Rulings which are not or not any more subject to appeal and obviously in violation of the law to the detriment of the person sentenced, may be repealed or modified both by the authority as well as by the supervising authority with jurisdiction in the matter exercising its right of supervision. §68 para 7 AVG (General Administrative Procedure Act) shall apply accordingly.
(2) The consequences of the punishment shall be redressed. To the extent redress is not possible, indemnification shall be granted in accordance with the Penal Indemnification Act, Federal Law Gazette No. 270/1969,

Obligation to decide

§ 52b. §73 AVG (General Administrative Procedure Act) shall be applied only in matters of private prosecution and penal tax law of the Laender. The independent administrative panel of appeal of the Land where the subordinate authority is located has territorial jurisdiction.

III. Part: Execution of sentences Execution of detention sentences

§ 53. (1)A detention sentence shall be served in the detention facility of the authority having decided in first instance, or which has been put in charge of the execution of the sentence in accordance with §29a. In case these authorities are not in a position to execute the sentence or if the person sentenced so desires, the nearest district administration authority or federal police authority shall be requested to execute the sentence, provided that it maintains a detention facility. In case also this authority is not in a position to execute the sentence, the head of the court detention facility of the precinct where the person sentenced has his/her permanent residence shall be requested to execute the sentence. Such request shall be complied with whenever this is possible without impairing other duties under the law.
(2) The prison term imposed by the administrative authority may also be served in a detention facility of the court when immediately following a prison sentence, or if otherwise pre-trial detention would have to be imposed; if the person sentenced agrees, the subsequent sentence may also be served in a penitentiary.


Authority having jurisdiction

§ 53a. Until the prisoner starts serving his term, the authority which decided in first instance or on which the execution of the sentence has been conferred in accordance with §29a shall be in charge of all instructions and decisions regarding the execution of such sentence. Upon commencement of the prison term such instructions and decisions shall be the responsibility of the administrative authority in charge of the execution of the term according to §53 (authority for execution of prison sentences), unless the court of execution is in charge.


Commencing of the execution
of a prison sentence

§ 53b. (1) A person sentenced who is at large and does not start serving the term immediately, shall be summoned to begin serving the term within a fair period given,
(2) If the person sentenced does not comply with the summons to begin serving his term, he shall be brought in by force. This shall be done immediately if there is reason to assume that he/she will attempt to avoid serving the term by escaping. As long as there is no reason for such assumption, execution may be stayed if a decision is pending on a complaint in the matter lodged with the Constitutional Court or the Administrative court. § 36 para 1 second clause and § 36 para 3 are to be applied.

Implementation of the sentence

§ 53c. (1) Detainees may wear their own clothes and engage in an adequate activity, without being obliged to do so. They may bring their own food, provided that this does neither, in accordance with the facilities available, disturb supervision and order nor cause disproportionate additional administrative work. To the extent possible, they are to be kept separate from prisoners detained on basis of other provisions of the law than of the subject federal act, in any case male detainees separate from female detainees.
(2) Detainees shall be lodged in rooms with simple and suitable furnishing with sufficient access to fresh air and daylight. The detention rooms shall be adequately ventilated and adequately heated in the cold season. During darkness they shall, except during the time of night rest,  have sufficient light so that detainees may read and work without their eyesight being jeopardized. It must be possible that detainees at any time are able to immediately report any incidents that require immediate action by supervisory staff.
(3) Their correspondence must not be subject to restrictions and monitored only by random checks. Pieces of writing obviously intended to prepare or continue or conceal punishable offences shall be intercepted. Money or parcels may be received freely. Parcels shall be opened in the presence of the detainee. Objects which may jeopardize safety and order shall be handed to detainee only upon his being released from prison, unless they have to be destroyed due to their character or condition.
(4) Detainees may receive visitors within office hours, as long as possible without jeopardizing the necessary supervision and safety and order as well as the operation of the facility.
(5) Correspondence and personal communication of detainees with authorities and legal counsel of this country as well as with executive bodies set up in accordance with international treaties for the protection of human rights that apply also to Austria must be neither subject to restrictions nor their contents monitored. The same applies to the personal communication of foreign detainees with diplomatic and consular representatives of their home country.
(6) The supreme authorities shall issue house rules for the execution of prison sentences in the detention facilities of district administrative or federal police authorities. Such rules shall lay down the rights and obligations of detainees under the prerequisite of maintaining order and corresponding application of the principles of penal execution resulting from the Penal Execution Act and the local and personal situation as given. To these detainees §§76 of the Penal Execution Act for accident care shall apply accordingly. Treatment to be granted shall be decided by the supreme authority.

Execution of sentences in court detention houses and penitentiaries

§ 53d. (1) As long as not provided for differently in this federal act, the provisions of the Penal Execution Act on the execution of prison sentences in court detention houses or penitentiaries shall be applied accordingly to the execution of sentences for terms not exceeding 18 months, except for §§ 31 para 2, 32, 45 para 1, 54 para 3, 115, 127, 128, 132 para 4 and 149 paras 1 and 4, unless such procedure is disproportionate to reason and duration of the detention sentence imposed by the administrative authority. A judge sitting alone shall be in charge of decisions of the court of execution.
(2) Compensation for work due to be paid to detainees, if applicable, shall be fully credited to them as house money, after deduction of the execution cost contribution (§32 para 2 first case and para 3 of the Penal Execution Act).
(3) If a detention sentence according to §53 para 2 is served in a penitentiary, the benefits and privileges granted while serving the sentence remain granted also for the execution of the detention sentence imposed by an administrative authority.

Execution of detention sentences
of juvenile offenders

§ 53e. (1) Juvenile offenders shall be kept separate from adults.
(2) The provisions of the Juvenile Court Act 1988, Federal Law Gazette No. 599, on the execution of sentences for juvenile offenders shall be applied accordingly to the execution of sentences imposed on juvenile offenders in court detention houses.


Inadmissibility of execution of detention sentences

§ 54. (1) Mentally disabled persons or persons suffering from a serious illness and minors under 16 years of age must not be subject to execution of a detention sentence.
(2) A sentence imposed on a woman who is pregnant or has given birth to a child shall be suspended until expiry of the eighth week after having given birth and beyond that as long as the child is in her care, however up-to a maximum of one year after having given birth. However, the sentence may be executed if the person so desires.
(3) On request of the military unit in charge, the execution of a detention sentence shall be suspended for military servicemen in basic or extended training, also for persons on a mission of the armed forces (§2 para 1 of the Military Service Act 1990, Federal Law Gazette No. 305), or also for other servicemen involved in direct preparation of such a mission.If so requested by the Minister of the Interior, the execution of a detention sentence shall also be suspended for persons performing alternative service of conscientious objectors.


Suspension and interruption of
penal enforcement

§ 54a. (1) The person sentenced may request suspension of the execution of the sentence for important reasons, especially if
1. as a consequence of the immediate execution of the detention sentence the possibility of the person sentenced to earn his living or support persons entitled by the law to be supported by him/her would be jeopardized or
2. urgent family matters must be taken care of.
(2) The person sentenced may also request interruption of the execution of the sentence for important reasons (para 1). The time of the interruption of the execution of the sentence shall not be included in the term of the sentence served.
(3) Upon request, suspension or interruption of the execution of the sentence shall be granted to the person sentenced for a period of at least six months if during the preceding six months he/she already has been serving detention imposed by an administrative authority for an uninterrupted period of six weeks. If there is however reason to assume that the person sentenced may choose to escape, the request for suspension or interruption shall be rejected if the circumstances giving reason for such concern already are given at the time of decision on the request.
(4) The suspension or the interruption of the execution of a detention sentence shall be revoked if there is reason to assume that the person sentenced may escape.

Enforcement of fines

§ 54b. (1) Payment of fines imposed with final legal effect or other damages expressed in money shall be enforced.
(2) To the extent a fine is or can reasonably assumed to be uncollectable, the substitute detention term corresponding to the amount outstanding shall be enforced. The execution of the substitute detention term may be dropped as soon as the fine outstanding has been paid. The summons to appear for serving the term shall state this information.
(3) A person sentenced who for financial reasons cannot be expected to be able to pay the fine immediately shall, upon his request, be granted adequate extension of payment terms or an instalment plan.

Cost of execution of detention
sentences

§ 54d. (1) The expense for execution of detention sentences shall be borne by such territorial authority that is the legal entity holding the facility executing the detention sentences.
(2) With the exception of cases of §53d para 2, detainees are obligated to share the cost of execution per day of detention to the extent provided in §32 para 2 second case of the Penal Execution Act. Such obligation is dropped for each day on which the detainee performs useful work for the benefit of a regional authority as well as for any time he does not wilfully or grossly negligent abstain from such work.
(3) Detainee's share in the cost of execution shall be invoiced by ruling at the end of the term served, or by ruling of the execution court in the case of a court prison or a penitentiary, if it is not paid immediately or is obviously uncollectable. In accordance with the provisions of the VVG
(Administrative Execution Act) regarding collection of amounts of money payable, such share shall, in case of having been invoiced by the court of execution in accordance with the provisions applicable for the judicial collection of shares in the cost, be subject to the enforcement of the payment.
(4) The shares in cost contributed by detainees are allocated to such territorial authority bearing the expense of the execution of sentences. Uncollectable cost share contributions shall be refunded by such territorial authority in whose territory the detention sentence has been imposed.


IV. Part:  Extinction of criminal record, special regulations for proceeding, cost of proceeding Extinction of criminal records

§ 55. (1) Unless provided otherwise, a penalty imposed for an administrative offence entails no penal consequences and will be extinguished after expiry of five years from the date when imposed.
(2) Administrative penalties extinguished from the records must neither foe mentioned in official certificates of good conduct or for the purpose of penal proceedings and must not be taken into account when determining the extent of a penalty in an administrative penal proceeding.


Matters of private prosecution

§ 56. (1) The administrative offence of libel and slander shall only be prosecuted and punished if the person offended initiates a prosecution with the authority in charge within six weeks from the date having obtained information of the administrative offence and the identity of the offender (private prosecutor).
(2) The private prosecutor is party in terms of the AVG (Administrative Procedure Act). He may discontinue the prosecution at any time. In case he does not comply with a summons without valid reasons or on basis of any other order of the authority regarding the proceeding, he is deemed to have discontinued the prosecution. In such cases the case shall be dismissed.
(3) The private prosecutor has the right to appeal the dismissal of the case.
(4) In case the private prosecutor revokes the prosecution after the penal decision has been pronounced, the appellate authority may reduce the penalty imposed or drop it, even if the term allowed for appeal has already elapsed.


Decision on claims
under civil law

§ 57. (1) To the extent the authority shall decide in accordance with certain provisions of the administrative law also on claims under the civil law resulting from an administrative offence, the claimant is party in terms of the AVG (Administrative Procedure Act).
(2) Claimant has no right to appeal against the part of the decision regarding his claims under the civil law. He is however free to file these claims, to the extent not granted to him in the administrative penal proceeding, in accordance with the due process of law.
(3) The person charged may contest the decision on his claims under civil law only by the appeal admissible against the decision.


Special provisions for juvenile
offenders

§ 58. (1) In penal proceedings against juvenile offenders, the authorities shall, to the extent possible, make use of co-operation by public schools and educational institutions as well as youth welfare offices and other persons and public bodies active in the field of youth welfare. Such support may in particular be the evaluation of the personal situation of the juvenile, the care for him/her and the assistance needed during the proceeding.
(2) Juvenile offenders who have not yet completed their 16th year of age at the time the offence was committed may not be sentenced to detention or imprisonment. A sentence of detention of up-to two weeks may be imposed on other juvenile offenders if this is necessary for special reasons; this does not affect the execution of a term of substitute detention sentence which however also must not exceed two weeks.
§ 59. (1) If deemed necessary and feasible in the interest of a juvenile offender, the authority shall notify the legal representative of the juvenile offender of penal proceedings instituted and of the decision pronounced.
(2) Examination of a juvenile offender suspected of having violated an administrative provision by law enforcement officers or by the authority shall be carried out, upon his/her request, in the presence of a person having parental power or a representative of the youth welfare office, the juvenile court counsel or the probation officer, provided that this causes no undue extension of the time of arrest.
(3) For oral hearings, a juvenile offender may call in two persons of his/her confidence not involved in the case.
(4) Juvenile offenders shall receive instruction on their rights according to para 2 after having been arrested, and on their right according to para 3 when summoned.
§ 60. The legal representative of a juvenile suspect has the right to file motions for the admission of evidence in his/her favour also against the will of the suspect and file remedies within the term allowed, as well as motions for reinstatement in the previous legal position or for the proceeding to be resumed,
§ 61. A juvenile suspect may be given a defence counsel ex officio, if his legal representative is involved in the offence or if it is necessary or feasible, due to insufficient development of defendant's mental capabilities and defence by the legal representative is for some reason not feasible. An official of the authority or any other suitable person may be appointed defence counsel.
§ 62. If the authority learns about circumstances requiring an action of guardianship, the guardianship court shall be notified.
§ 63. (repealed; article III para 2 of the official announcement)

Cost of the penal proceeding

§ 64. (1) Each penal decision and each decision of an independent administrative panel of appeal confirming a decision shall contain a clause stating that the person sentenced shall contribute a share of the cost of the penal proceeding.
(2) This share amounts to 10% of the fine for the roceeding,in first instance, for the appellate proceeding another 20% of the fine imposed, however a minimum of 1.50 euros; in case of detention sentences, one day of detention shall be deemed to be the equivalent of 15 euros. The share of cost paid is allocated to the regional authority bearing the expenses of the authority involved.
(3) Cash expenditures caused in the administrative penal proceeding (§76 AVG – Administrative Procedure Act) shall be reimbursed by the person sentenced, unless resulting from the fault of a different person; the amount to be reimbursed shall be quoted, whenever feasible, in the judgement (the decision), otherwise by separate ruling. This is not the case for any fees payable to interpreters made available for defendant.
(4) Enforcement of the collection of the cost shares (para 1 and §54d) and the cash expenditures shall be dispensed with if there is reason toassume that it would be of no avail.
(5) §§ 14 and 54b para 1 shall be applied accordingly.
(6) If a motion, on the part of the person sentenced, for the penal proceeding to be resumed, is rejected, the obligation to assume the costs of the proceeding shall be determined in terms of the afore-stated provisions.
§ 65. Claimant shall not be obligated to bear the costs of the appellate proceeding if the appeal is granted at least in part.
§ 66. (1) In case a penal proceeding is dropped or an sentence imposed is revoked because of an appeal or because the proceeding is resumed, the costs of the proceeding shall be borne by the authority or refunded if already paid.
(2) In such cases the private prosecutor shall bear only such costs actually resulting from his intervention.
Referrals

§ 66a. Whenever this federal law refers to provisions of other federal laws, they shall be applied in their wording as valid from time to time.

Date of Legal Force

§ 66b. (1) §50 para 1 as amended by the Federal Act, Federal Law Gazette No. 867/1992 becomes effective as of January 1st 1993.
(2) §51 para 1 as amended by the Federal Act, Federal Law Gazette No. 666/1993 becomes effective as of October 1st 1993.
(3) §§ 53d paras 1 and 2 and 54d para 1 as amended by the Federal Act, Federal Law Gazette No. 799/1993 becomes effective as of January 1st 1994.
(4) § 24, § 29a second clause, § 31 para 3 last sentence, § 44 para 1 lit 2, § 48 para 1 lit 2, § 49 para 2 last clause, § 51 para 1, 3, 6 and 7, §51e, § 51h para 3 and 4, § 51i, the headings above the heading to § 52 and above § 52a, § 53b para 2 last clause as well as the headings above § 66a and above § 66b as amended by Federal Act, Federal Law Gazette No. 620/1995 become effective as of July 1st 1995.
(5) § 51b as amended by the Federal Act, Federal Law Gazette No. 620/1995 loses effect after 30th June 1995.
(6) §51 para 1 as amended by the Federal Act, Federal Law Gazette No. 620/1995 shall continue to be applicable to rulings on oral hearings held until 30th June 1995.
(7) §49 para 2 last clause as amended by the Federal Act, Federal Law Gazette No. 620/1995 shall be applicable for rulings to be issued after June 30th, 1995. §51 para 3 as amended by the Federal Act, Federal Law Gazette No. 620/1995 shall be applicable to cases with an appeal filed after 30th June 1995.
(8) § 54 para 3 as amended by Federal Act, Federal Law Gazette I No,  158/1998 becomes effective as of January 1st, 1998. Die §§ 9 paras 1, 3, 4 and 7, 24, 29a, 31 para 1, 32 para 3, 33 para 1 first clause, 49a para 4 and 6, the heading to §50, §§50 para 2, 6 and 8, 51 paras 3, 5 and 7, 51a including the heading, 51c including the heading, 51d including the heading, 51e, 51f para 3, 51i, the heading to § 52a, §§ 52a para 1, 52b including heading, 56 para 3, 65 and 66a including the heading as amended by Federal Act, Federal Law Gazette I No. 158/1998, become effective as of 1st January 1999. The heading after §51a becomes ineffective after 31st December 1998.
(9) §15 as amended by the Federal Act, Federal Law Gazette I No, 26/2000,  becomes effective as of January 1st 2000. §54d as amended by the same Federal Act becomes effective on 1st January 1997.
(10) § 9 para 4, § 12 para 2, § 13, § 37 para 2 and 6, § 3 7a para 1, para 2 lit 2, para 3 and para 5, § 47 para 1 and 2, § 48 para 1 lit 2, § 49a para 1, § 50 para 1 and 6, § 51 para 1, § 51c, § 51e para 3 lit 3, § 54a para 3 and § 64 para 2 as amended by Federal Act, Federal Law Gazette  I No. 137/2001 become effective as of January 1st 2002. At the same time § 54c becomes ineffective.
(11) § 21 para 1a and 1b, § 24, § 51c and § 51e para 3 Z 3 as amended by the Administrative Reform Act 2001, Federal Law Gazette I No. 65/2002 become effective as of 1st January 2002, however not earlier than on the day following the date of pronouncement of the said act.
(12) §§ 4 para 2, 47, 49a para 1 and 50 para 1 as amended by the Federal Act, Federal Law Gazette I No. 117/2002 become effective as of August 1st 2002. At the same time § 52b last clause becomes ineffective.

Execution

§ 67. § 17 The Federal Government shall execute this Federal Act.
§ 68. (repealed; article III para 2 of the official announcement)

Avstriyada yol hərəkəti sahəsində tətbiq edilən

inzibati cəzalar sistemi.

 

                                                               (əvvəli jurnalın ötən sayında)

 

 

Orxan Hacıyev,

Bakı Dövlət Universtitetinin

aspirantı

 

 

 

Məqalədə Avstriyada yol hərəkəti  sahəsində tətbiq edilən inzibati  qanunvericilik və ondan irəli gələn cəzaların icrasının xüsusiyyətləri barədə məlumatlar verilir.

Система  административных  наказаний  Австрии, применяемых  в  области  дорожного  движения

(начало в предыдущем номере журнала)


Орхан Гаджиев,
аспирант Бакинского Государственного
Университета


В статье исследованы пути реализации административного законодательства в области дорожного движения и особенности исполнения наказаний, вытекающих из него.

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Rəsmi sənədlər
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Mülki aviasiya uçuş və uçuş-sınaq heyətində işləyənlərin sığorta stajlarının hesablanması Qaydaları
 
The chairman of scientific council


PAŞAYEV A.M.

Hava haqqında
Diqqət

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