Anonymous disposal
A Anonymous available in Austria penalizes with administrative offenses in accordance with § 49a Administrative Penal Act 1991 . In addition to the organ penal order and the penal order , it is one of the abbreviated procedures in Austrian administrative criminal law .
Application areas and requirements
The main area of application of the anonymous disposal is violations of the Austrian road traffic regulations . Most of the time it is a matter of speeding violations, in which the responsible authority, state police directorate or district administrative authority ( district authority or magistrate ) assumes that the registered owner (according to the registration certificate ) to whom the anonymously was sent knows the perpetrator or can easily find out who the perpetrator is because he knows who was driving his vehicle and when.
The term anonymous ruling means that the actual perpetrator (this can of course also be the person to whom the anonymous ruling is sent, e.g. the registered owner in the case of administrative violations under the StVO, but does not have to) who committed the specified violation, when paying remains unknown (i.e. anonymous ) within the set deadline . Because the perpetrator remains anonymous, it is necessary that the endangerment of those interests served by the threat of punishment is not so serious that it is necessary to investigate the perpetrator. Otherwise an anonymous disposal would be inadmissible. An anonymous ruling due to an administrative offense, e.g. B. a speed violation can also only be issued if the administrative violation
- recorded by means of automatic monitoring (e.g. radar box , section control ) or
- was perceived by an organ of public supervision on duty (mostly police officers ).
In the event of a speeding violation or a parking fine that has not been paid, the registered owner will be sent such an anonymous decision with a fixed fine (up to 365 euros). It is possible to pay the penalty within four weeks after it has been issued. Thereafter, nothing more is done by the administrative authority and the procedure is deemed to have ended. In this case, no driver survey is carried out and no reservation is made in the criminal record.
If the payment deadline is exceeded, for example if the registered owner cannot or does not want to accept the penalty for various reasons, the anonymous disposal automatically expires. Then an administrative criminal procedure is initiated against the driver of the vehicle, who is investigated by means of a driver survey.
content
An anonymous ruling must contain the following information:
- the authority responsible for the ruling and the date
- the act assumed to be proven as well as the place and time of the commission
- the violated administrative regulation
- the penalty imposed and the legal provision applied
- as well as information about the effect and legal consequences
Enclose a payment slip with a computer-readable identification number for postal payment or transfer of the fine.
Web links
- Anonymous disposal. help.gv.at
- Anonymous disposal. oeamtc.at
Individual evidence
- ↑ Article 7 Z 37 Federal Law Gazette I No. 33/2013 .
