!!!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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