Criminal application law (Austria)
The application of criminal law deals with the question of which criminal acts are to be prosecuted by Austrian courts (domestic jurisdiction).
The Austrian law governing the application of criminal penalties determines whether behavior that fulfills the criteria of an Austrian criminal law is also punished by Austrian courts under Austrian law if it was committed abroad or otherwise in relation to a foreign country. Austrian law is used regardless of whether another state is pursuing the offense or not.
The right to apply penalties is regulated in Sections 62 ff. Of the Criminal Code (StGB-AU).
In addition to criminal offenses committed domestically, Austrian criminal law also applies to all ships and aircraft that are authorized to use the emblems of the Republic of Austria.
Austrian criminal law is applied regardless of the crime scene and nationality of the perpetrator in cases of: high treason or treason against the state or one of the federal states, denigration of the Federal President , coercion of constitutional organs or a member of a constitutional body, anti-subversive connections, criminal acts against the federal army, extortionate kidnapping , Extradition to another country, slave trade , human trafficking , cross-border prostitution, counterfeiting of money or specially protected securities, membership in a criminal organization , violation of the Addictive Substances Act , stealing or money laundering in relation to a crime committed domestically as well as terrorist offenses, serious theft, Extortion or forgery of documents against an Austrian constitutional body.
Furthermore, the Austrian criminal law can be applied against Austrian citizens regardless of the crime scene in cases of: sexual abuse of minors, pornographic representation of minors, promotion of prostitution and pornographic performance of minors, production and distribution of weapons of mass destruction, financing of terrorism, other criminal acts against an Austrian are directed abroad.
literature
- Liebscher: The new structure of international criminal law (§§ 62 to 67 StGB) , JBl 1974, 393
Web links
- Katrin Niederacher: The criminal liability of the provider for user videos. The judgment of the Milan district court in criminal cases of February 24th, 2010 against Google managers from the point of view of Austrian criminal law Diploma thesis, Paris-Lodron University Salzburg , 2011, p. 13 ff. "Österreichische Strafgewalt"
- Konrad G. Bühler, Astrid Reisinger Coracini: The implementation of the Rome Statute in Austria Journal for International Criminal Law Doctrine 10/2015, pp. 505-513
- Thomas J. Primig: Internationales Criminal Law and the Internet p. 13 ff. "The Austrian" International Criminal Law ""
