Criminal law (Austria)
The Austrian criminal law is concerned, in the broadest sense, with all the legal issues that the particular legal consequence penalty focus.
Classification
A distinction is made between judicial criminal law and administrative criminal law . You can tell which criminal law it is by whether an administrative authority or a court has imposed the penalty.
Judicial criminal law
In judicial criminal law (criminal law, only criminal law , criminal law in the narrower sense), a court imposes the penalty. It is mainly about punishment for the most serious offenses, such as murder , bodily harm , theft , fraud, etc. In judicial criminal law, a judge decides on the basis of an indictment by a public prosecutor or a private person ( indictment process ).
Administrative criminal law
In administrative criminal law, an administrative authority imposes the penalty. It is mostly about acts with less social harm, such as E.g .: exceeding the speed limit, noise pollution. The administrative authority is both judge and prosecutor ( inquisition process ) and is also allowed to impose prison sentences. This is constitutionally (fundamentally) problematic, see European Convention on Human Rights . Under administrative criminal law, a further distinction can be made between general administrative criminal law, financial criminal law and disciplinary law.
literature
- Johannes Hengstschläger: Administrative procedural law. 4th edition. facultas.wuv, Vienna 2009, ISBN 978-3-7089-0283-8 .
- Stefan Seiler: Criminal Law. General part I. 2nd edition, Verlag facultas.wuv, Vienna 2011, ISBN 978-3-7089-0758-1 .
- Stefan Seiler: Criminal Law. General Part II. 5th edition, Verlag Österreich, Vienna 2012, ISBN 978-3-7046-5761-9 .
- Stefan Seiler, Thomas Seiler: Financial Criminal Law. Comment. 3rd edition, Verlag Österreich, Vienna 2011, ISBN 978-3-7046-5617-9 .
Web links
- Max Planck Information System for Comparative Criminal Law Country Report Austria.