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Strafrecht#

Criminal Law, legal provisions stipulating sentences or precautionary measures for certain acts and failures. Criminal law is the strictest form of state action against breaches of law. Standards have to be clearly defined, decisions and sentences are reserved to independent courts, the procedure of the Criminal Trial has to conform to the European Human Rights Convention, and no person may be found guilty on the grounds of legislation passed after the trial (ex post facto laws). The basis of criminal law in Austria is laid down in the Penal Code of 1974; in addition many other laws contain penal provisions. The only sentences provided for today are fines and prison sentences. Supplementary forms of punishment (e.g. forfeiture) have little significance. Profit from unjustified enrichment can be reclaimed, dangerous objects (e.g. drugs, weapons) confiscated. When assessing fines the income level of the offender is taken into account (system of fines based on daily rates in accordance with the offender´s financial standing). Some crimes can be punished by life imprisonment, but generally prison sentences are imposed for a maximum of 20 years. The court can suspend sentences completely or partly for a probationary period of 3 years, if this is deemed sufficient to prevent the offender from committing future crimes. Prison sentences have to be executed in Penal Institutions. Release on probation is possible after the offender has served one half of his/her prison sentence if good conduct is considered probable in the future, in all other cases after 2 thirds of the sentence. Following recent developments, offenders (mainly juveniles) need not be punished at all under certain circumstances, if they successfully perform (extrajudicial) redress exceeding standard compensation. Offenders who are not criminally responsible are subject to special regulations. They represent a potential danger and may even be imprisoned for an indefinite period of time as a precautionary measure. Their release depends on psychiatric opinions.

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