4th COVID-19 Act: Accompanying measures in criminal procedural law

Nov 30, 2020 Benn-Ibler Rechtsanwälte

The 4th COVID-19 Act (4.COVID-19-Gesetz) amended, inter alia, the Federal Act on accompanying measures for COVID-19 in the judiciary (Bundesgesetz betreffend Begleitmaßnahmen zu COVID-19 in der Justiz) and the Code of Criminal Procedure 1975 (Strafprozessordnung 1975).

In addition to the provisions for the court day for public hearings before the Austrian Supreme Court (Oberster Gerichtshof, OGH) in criminal cases, the possibility created by the Federal Act on Measures Accompanying COVID-19 in the Judiciary to conduct hearings by word and image transmission in the case of accused persons in custody pending trial (§ 153 (4) of the Code of Criminal Procedure (Strafprozessordnung, StPO) has been supplemented, also for the court day before the Higher Regional Court and for the court day before the OGH in which the appeal is decided.

The Federal Minister of Justice is authorized by decree to order the interruption of certain time limits under criminal procedural law. This refers to the time limit for the granting of authorization for criminal prosecution or the time limit for lodging an objection to the bill of indictment.

The requirement to expedite proceedings in liability matters does not result in an interruption of the deadline (an exception is made for the retrial of the main hearing in accordance with § 276a (2) StPO). In the case of time limits that have already been interrupted by an accompanying measure to COVID-19 in the judiciary in accordance with § 9 (3) or § 10 of the Federal Act, these time limits shall begin to run anew on 14 April 2020.

BGBl. l No. 24/2020