Annulment complaint to uphold the law
The annulment complaint to uphold the law - or monetary complaint for short - is an appeal under Austrian criminal procedure law .
It is standardized in Section 23 of the Code of Criminal Procedure and enables the General Procuratorate to submit judgments, decisions and proceedings by the criminal courts to the Supreme Court for a decision in accordance with Section 34 (1) Z1 of the Code of Criminal Procedure . The monetary complaint serves to subsequently establish legal errors and can be lodged for an unlimited period regardless of whether the accused or the public prosecutor's office appealed the judgment. Since the General Procurator, as an organ of jurisdiction, does not have rights, but exercises competencies, the filing of a monetary complaint does not require that the General Procurator's rights have been violated.
In addition, everyone is entitled to initiate an annulment complaint to uphold the law.
The Supreme Court decides on the monetary complaint in public. If he finds that the law has been violated, he states this in his judgment. This serves the clarity and uniformity of the legal application. In principle, according to § 292 StPO, the decision of the Supreme Court has no effect on the accused. However, if the violation of the law was associated with a disadvantage for the accused, the Supreme Court removes the disadvantage, for example by repealing the incorrect decision and ordering a new trial.
literature
- Günther Rebisant: The assertion of legal errors after legal force by the defense lawyer (renewal application, monetary complaint) . In: Roland Kier, Norbert Mess (Hrsg.): Handbuch Strafverteidigung . Manz Verlag , 2017, ISBN 978-3-214-15032-7 , pp. 40 ff . ( jankweiler.at [PDF]).
Web links
- Eckart Ratz: Annulment complaint to uphold the law and commercial criminal proceedings . In: ÖJZ . No. 83 . Manz Verlag , 2016, ISSN 0029-9251 , p. 592 ( manz.at ).
Individual evidence
- ↑ Example: General Procuratorate files a complaint against the Scheuch indictment . The standard. October 27, 2017. Retrieved October 27, 2017.
- ↑ Negotiated in absentia: The Supreme Court overturned the judgment . Vorarlberg Online. November 19, 2011. Retrieved October 27, 2017.
- ^ Stefan Seiler: Criminal Procedure Law (f. Austria) . 16th edition. Facultas, 2017, ISBN 978-3-7089-1566-1 , pp. 319 ff . , Margin no. 1236
- ↑ Tor judgment: suggestion of a monetary complaint . Pirate Party of Austria. July 23, 2014. Retrieved October 27, 2017.
- ↑ Example: OGH, decision of May 8, 2003 - Gz. 12Os28 / 03 (12Os29 / 03) . RIS. May 8, 2003. Retrieved October 27, 2017.
- ↑ Procedure . Website of the Supreme Court . Retrieved October 27, 2017.
