Law Of Austria
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Law Of Austria
The Law of Austria are the collection of laws that apply at the Federal level in Austria. It is founded on the Federal Constitutional Law of 1920. It can be divided into public law and private law. Judiciary system Austria in 2008 had 141 district courts (Bezirksgerichte), 20 provincial courts (Landesgerichte), and four higher provincial courts (Oberlandesgerichte). There is also a Supreme Court (Oberster Gerichtshof), Constitutional Court (Verfassungsgerichtshof), and Administrative Court (Verwaltungsgerichtshof). Access to legal information Information on Austrian law is available using the ''Legal Information System of the Republic of Austria'' or ''Rechtsinformationssystem des Bundes''. Life imprisonment Life sentences can be given in cases of murder and other crimes resulting in someones death, Genocide Convention, genocide, crimes against humanity and War crime, war crimes, but also for major drug crimes and severe acts of Verbotsgesetz 1947, (re-)engagement in National S ...
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Suchtmittelgesetz
The Suchtmittelgesetz (SMG; ''Narcotic Substances Law'') is the controlled-substances law of Austria, being passed in its current form in 1998 after the accession of the country to the European Union. It is a modification of the earlier Suchtgiftverordnung of 1951, and like the Narcotic Drugs Act (''Betäubungsmittelgesetz'', "BtMG") of Germany, the BtMG of Switzerland, the Controlled Substances Act of Canada and the United States, the Misuse Of Drugs Act of the UK and other such laws, is a consolidation of earlier laws and an implementation of international treaty obligations, such as the Single Convention on Narcotic Drugs. Suchtmittel and Betäubungsmittel are somewhat different concepts; the latter are drugs which numb, namely narcotics like morphine, whilst Suchtmittel and Suchtgiften are drugs which cause a morbid seek orientation for their use in the user, therefore poisoning or corrupting the individual sense of initiative and concern for other matters. The SMG brought Au ...
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Life Imprisonment
Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life imprisonment are considered extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse Child manslaughter, resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, Aggravation (law), aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide. Common law murder is a crime for which life imprisonment is mandatory in several countries, including some states of the United States and Canada. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the fi ...
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Politics Of Austria
Politics in Austria reflects the dynamics of competition among multiple political parties, which led to the formation of a Conservative-Green coalition government for the first time in January 2020, following the snap elections of 29 September 2019, and the election of a former Green Party leader to the presidency in 2016. Austrian politics takes place within the constitutional framework of a federal semi-presidential republic, with a President (''Bundespräsident'') serving as head of state and a Chancellor (''Bundeskanzler'') as head of government. Governments, both local and federal, exercise executive power. Federal legislative power is vested both in the Federal Government and in the two chambers of Parliament; the National Council (''Nationalrat'') and the Federal Council (''Bundesrat''). The Judiciary of Austria is independent of the executive and legislative branches of government. Following the end the Second World War and re-establishment of Austria as a soverei ...
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Courts In Austria
The judiciary of Austria () is the system of courts, prosecution and correction of the Republic of Austria as well as the branch of government responsible for upholding the rule of law and administering justice. The judiciary is independent of the other two branches of government and is committed to guaranteeing fair trials and equality before the law. It has broad and effective powers of judicial review. Structurally, the Austrian judiciary is divided into general courts () and courts of public law (). The general courts handle civil and criminal trials as well as non-adversary proceedings such as inheritance cases or legal guardianship matters. The courts of public law supervise the other two branches of government: the administrative court system reviews the legality of administrative acts; the Constitutional Court adjudicates on complaints regarding the constitutionality of statutes, the legality of ordinances, and the conduct of elected officials and political appointees in ...
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Pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be viewed as a tool to overcome miscarriage of justice, allowing a grant of freedom to someone who is believed to be wrongly convicted or subjected to an excessive penalty. The second-best theory of pardons views pardons as second-best to Right to a fair trial, fair justice. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, ...
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President Of Austria
The president of Austria () is the head of state of the Austria, Republic of Austria. The office of the president was established in 1920 by the Constituent National Assembly (Austria), Constituent National Assembly of the First Austrian Republic, first republic following the collapse of the Austro-Hungarian Empire and the Habsburg monarchy in Aster Revolution, 1918. As head of state, the president indirectly succeeded the emperor of Austria. The power and role of the presidency has varied drastically over time. During the early first republic, the president was an utterly powerless figurehead. In the late first republic, the president received tremendous power but this power was swiftly taken away again following the abrogation of the Federal Constitutional Law, Constitution and the erection of a Federal State of Austria, corporatist dictatorship in 1934. When Anschluss, Nazi Germany annexed Austria in 1938, the presidency was completely abolished. Following the liberation of ...
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Recidivism
Recidivism (; from 'recurring', derived from 'again' and 'to fall') is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to Extinction (psychology), extinguish it. Recidivism is also used to refer to the percentage of former prisoners who are rearrested for a similar offense. The term is frequently used in conjunction with criminal behavior and substance abuse. ''Recidivism'' is a synonym of ''relapse'', which is more commonly used in medicine and in the disease model of addiction. Causes A 2011 study found that harsh prison conditions, including isolation, tended to increase recidivism, though none of these effects were statistically significant. Various researchers have noted that Loss of rights due to felony conviction, prisoners are stripped of civil rights and are reluctantly absorbed into communities – which further increases their alienation and isolation. Other c ...
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Parole
Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word ('speech, spoken words' but also 'promise'), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. It is similar to probation, the key difference being that parole takes place after a prison sentence, while probation can be granted in lieu of a prison sentence. Modern development Alexander Maconochie (penal reformer), Alexander Maconochie, a Scottish geographer and captain i ...
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Verbotsgesetz 1947
The Verbotsgesetz 1947 (Prohibition Act 1947), abbreviated VerbotsG, is an Austrian constitutional law originally passed on 8 May 1945 ( Victory in Europe Day) and amended multiple times, most significantly in February 1947 and in 1992. It banned the Nazi Party and its subsidiaries and required former party members to register with local authorities. Individuals were also subject to criminal sanctions and banned from employment in positions of power. In later decades, the law's provisions against propaganda came to be used against neo-Nazism with a focus on Holocaust denial as well as the deliberate belittlement of any Nazi atrocities. Because the law does not explicitly mention these categories, there was considerable disagreement between regional courts, leading to the 1992 amendment resolving those doubts. Provisions According to Article I VerbotsG, the Nazi Party, its paramilitary organisations such as '' SS'', '' SA'', the '' National Socialist Motor Corps'' and '' National ...
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War Crime
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings (including genocide or ethnic cleansing), the granting of no quarter despite surrender, the conscription of children in the military, and flouting the legal Indiscriminate attack, distinctions of Proportionality (law), proportionality and military necessity. The formal concept of war crimes emerged from the codification of the customary international law that applied to warfare between sovereign states, such as the Lieber Code (1863) of the Union Army in the American Civil War and the Hague Conventions of 1899 and 1907 for int ...
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Federal Constitutional Law
The Federal Constitutional Law (, abbreviated ) is a federal constitutional law in Austria serving as the centerpiece of the Constitution. It establishes Austria as a democratic federal parliamentary republic. The Law was drafted following the 1918 collapse of Austria-Hungary and was promulgated in 1920. It underwent significant revisions in 1925 and 1929, the latter reform changing the system of government from purely parliamentary to semi-presidential. The Law was superseded by the authoritarian constitution in 1934, which itself became void with the 1938 incorporation of Austria into Nazi Germany. It was reestablished when the nation regained independence from Germany in 1945. The Law was fully restored to force with the end of the Allied occupation in 1955 and has remained in force ever since. Content System of government The Federal Constitutional Law stipulates a bicameral parliament as the national legislature, the two chambers being the National Council and th ...
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