Report on the Regional Meeting. organised by the Austrian Contact Points. of the European Judicial Network (EJN)

Transcription

1 - 1 - Report on the Regional Meeting organised by the Austrian Contact Points of the European Judicial Network (EJN) in Salzburg October 5 th to 7 th, 2011

2 - 2 - The Austrian Contact Points of the European Judicial Network (EJN) organized their yearly Regional Meeting from October 5 th to October 7 th, 2011 in Salzburg. The general topic of the meeting was Cross-border Cooperation and the Role of the EJN. After the welcoming words of the locally competent EJN-Contact Point Linz, Klaus-Peter BITTMANN, the following presentations were given: StA DDr. Konrad KMETIC, EJN-CP Graz/Austria, gave an overview on recent legislation in criminal matters in Austria. The latest developments are governed by the following ideas: More transparent decisions of the Public Prosecution Service: decisions to discontinue an investigation will have to be reasoned for further control by greater public and an independent organ called Rechtsschutzbeauftragter ; More efficient investigation and prosecution by concentrating, specialising and centralising of prosecution of certain types of severe crime (such as corruption and greater economic crimes); Enhanced regulations on collaborating and key witnesses; New regulations on confiscation OStA Joachim ETTENHOFER, EJN-CP München/Germany presented the implementation of the Framework Decision on Financial Penalties in Germany by October 28 th, Despite of the federal system in Germany the Federal Office of Justice Bonn ( Bundesamt für Justiz ) acts as central authority competent for receiving and executing requests. A legal remedy against its decision is possible to the locally competent district court ( Amtsgericht ). Concerning the implementation of the EUROJUST-Decision the German Federal Ministry of Justice has drafted a bill containing the following main cornerstones: Art 13: only crimes with a maximum penalty of six years imprisonment will fall under the obligation to report. The way of the information-flow is still open, direct report is being favoured.

3 - 3 - Functioning of the EJN and its CP bearing different functions such als National Correspondent or Tool Correspondent will be put on a legal basis; ENCS will be set up at the Federal Office of Justice Bonn, all EJN-CP will be included to the ENCS as EUROJUST-Correspondents. Lucie KRESSLOVÁ (Ministry of Justice Prague/CZ) reported new legislation in criminal matters in her country: Act on criminal liability of legal persons has been introduced penalties are of financial nature, confiscation or liquidation of a legal entity. There are plans for a special act for international cooperation in criminal matters replacing the corresponding provisions in the Code of Criminal Procedure. The implementation of all EU-instruments in the field should be placed there, including cooperation with the international criminal courts. The act shall enter into force on June 1 st, Implementation of the FD on financial penalties is in force since January 1 st, Executing court is the Krajsky Soud of the place of the asset; a new regulation is planned to transfer this competence to the Okresní Soud as from January 1 st, Marjeta ŠVAB-ŠIROK (Ljubljana High Court/SLO) told that the single competence to execute requests concerning financial penalties throughout the country is at the Regional Court of Celje. The EUROJUST-Decision has been transposed within the Act on the Public Prosecution Service. The EJN was not well covered by this act due to the fact that it is mainly composed of judges working as its CP. The Code of Criminal Procedure upholds the position of an investigative judge event though ideas have been raised to abolish this function. Videoconference is widely used, even in cases when the person to be heard has not been summoned before through classical ways. For a videoconference with third countries SLO lacks of a legal basis not having ratified the Second Additional Protocol the European Convention on

4 - 4 - Mutual Legal Assistance. Practical problems in videoconferencing sometimes occur with SP due to late requests in the last minute before the hearing. Brigitte KAISER (Vaduz Prosecution Service/FL) gave an update on the negotiations of a cooperation-agreement with EUROJUST. The agreement has been signed but there are still concerns with regard to the data protection regime. The Liechtenstein law on data protection could be extended to criminal matters as a possible solution. On July 1 st, 2012 a major reform of the Criminal Procedure Code shall come into force orientated on the Austrian model but keeping the investigating judge. According to the Austrian model Liechtenstein introduced the possibility for the prosecution to close a case imposing conditions or orders to the accused. FL is now part of the SIS, the full operability will be reached on January 1 st, Carsten-Christian EGEBERG CHRISTENSEN told the audience that the border controls to Germany have been re-abolished the age of criminal liability lies now at 15. The main objective in crime policy is still the fight against rivalling gangs (such as Hells Angels or Banditos ) - for this purpose DK set up a Task Force of 140 policemen and 20 public prosecutors. A fully electronic file system is now in use at courts and prosecution services. In the afternoon of the second day of the meeting the participants went to the Prosecution Service at Traunstein/Germany. The Head of the authority, Leitender Staatsanwalt Helmut VORDERMEYER warmly welcomed the EJN- CP and guided them through the modern equipped office building. He stressed the fact that due to the geographical situation of the authority and its area of jurisdiction international contacts are part of the daily work. Especially with Austrian but also with Italian judicial authorities close links of direct contacts have been established. As to the size of the area covered by the authority and the number of cases a handout has been given to the participants. On the third day of the meeting Mag. Wolfgang PEKEL (Federal Minstry of Justice Vienna/Austria) reported about the state of play in the discussions on

5 - 5 - the European Investigation Order (EIO), its main features and the scope of application followed by a discussion with the participants. The Austrian National Member to EUROJUST, Maga. Ingrid MASCHL- CLAUSEN together with the Legal Assistant to the Austrian Desk, Maga. Lisa HORVATITS, reported news from EUROJUST, including personal changes in the composition of the College. EUROJUST has sent liaison prosecutors to several third countries such as NOR, CRO and the USA. As from October 1 st, 2011 the German Klaus RACKWITZ is appointed a the new administrative director. The planning for a new EUROJUST- building are getting more concrete closer to the new EUROPOL seat. At the earliest a move to this new site could be envisaged for The OCC has been fully operative and can be reached 24h a day; the corresponding phone number has been distributed to the MS authorities ( , acronym:0080- EUROJUST). EUROJUST has concluded a cooperation-agreement with CH, two CP from CH are coming from the Federal Office of Justice Bern. The negotiations with Russian Federation on a cooperation-agreement are to be continued, the data-protection regime is still open. With regard to Joint Investigation Teams (JIT) EUROJUST tends to facilitate the bureaucratic requirements for co-financing. The decision on co-financing will be taken in a very short period based on a concrete JIT agreement. The maximum sum for co-financing is EUR ,-- per JIT. For further information consult the following link At the end of the meeting Klaus-Peter BITTMANN summed up the topics raised during the presentation and the work of the participants and announced that in 2012 the Austrian Regional Meeting shall be held in Graz including a transborder excursion to Slovenia. October 7 th, 2011 OStA Mag.Dr.Johannes Martetschläger