Examples of using Austrian code of criminal procedure in English and their translations into French
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Colloquial
Austrian Code of Criminal Procedure.
Section 41 of the Austrian Code of Criminal Procedure.
Was in every respect in conformity with Articles 451 and 452 of the Austrian Code of Criminal Procedure.
Under the Austrian code of criminal procedure.
Like all other evidence, a confession is subject to a judge's evaluation of evidence art. 258 of the Austrian Code of Criminal Procedure.
The Austrian Code of Criminal Procedure does not define any age-limit allowing or requiring a child to be heard as witness in court.
Formal and substantive requirements(art. 180(1) of the Austrian Code of Criminal Procedure) must be met in order to be able to impose pretrial detention.
Austria has an identical provision which allows the silence of the accused to be evaluated freely by the court sect. 258, para.2, Austrian Code of Criminal Procedure.
According to article 228(1) of the Austrian Code of Criminal Procedure, a trial is public, otherwise it is deemed null and void.
Consequently, the comprehensive victim protection provisions in section 65 et seq. of the Austrian Code of Criminal Procedure apply without qualification.
According to article 45(3) of the Austrian Code of Criminal Procedure the accused person arrested may, as a rule, consult with his/her legal counsel without a court person being present.
The accused may submit a complaint to the Higher Regional Court against adecision to impose or to continue pretrial detention arts. 179(5) and 182(4) of the Austrian Code of Criminal Procedure.
One of the fundamental principles of the Austrian Code of Criminal Procedure is the safeguarding of victim rights without any discrimination.
Since it has not been possible to identify suspects who might have committed the burglary,the proceedings have been discontinued according to section 197 of the Austrian Code of Criminal Procedure.
Under the Austrian Code of Criminal Procedure, certain witnesses(in case of young age and/or depending on mental state and health) have to be heard under specially gentle circumstances.
After all, a confession does not release a court from its obligation to establish the facts to the extent possible(art. 206 of the Austrian Code of Criminal Procedure). Every confession and its revocation must therefore be examined carefully.
According to the Austrian Code of Criminal Procedure, victims, irrespective of their status as private parties joining the proceedings to claim damages, have a special legal standing in criminal proceedings.
In addition, all persons involved in criminal proceedings are obliged to make every effort to keep the pretrial detention period as short as possible art. 193(3) of the Austrian Code of Criminal Procedure.
According to the Austrian Code of Criminal Procedure(StPO), witnesses in pre-trial proceedings(Vorverfahren) are basically heard by the investigating judge without the presence of other parties or witnesses Ausschluss der Parteienöffentlichkeit.
An English working translation of the most important provisions both of the Austrian Penal Code and the Austrian Code of Criminal Procedure concerning the criminalisation of terrorism is annexed to this report.
The Austrian Code of Criminal Procedure, since 2006, provides specific procedures and rights for women complainants/survivors of violence in the criminal justice process in order to avoid their secondary victimization.
Lastly, the purpose of the detention is not or may not be achieved by other specific, more lenient means(e.g. paying bail) or another type of detention e.g. punitive detention orpreextradition detention article 180(4) and(5) of the Austrian Code of Criminal Procedure.
According to article 178 of the Austrian Code of Criminal Procedure, every detained person must be informed upon detention, or immediately afterwards, of the offence with which he/she is charged, and of the reason for being detained.
Information and material obtained from the United Nations for purposes of criminal proceedings initiated in Austria for the prosecution of crimes of a serious nature committed byUnited Nations officials or experts on mission can be used in accordance with the provisions of the Austrian Code of Criminal Procedure.
An additional measure to protect the privacy of the witness provided for by the Austrian Code of Criminal Procedure is to allow the witness to choose if he/she wishes to declare his/her permanent residence or another address, suitable for the serving of summons.
The Austrian Code of Criminal Procedure already implements all protective provisions of United Nations resolution 2005/20 as regards the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime to the extent that criminal proceedings are concerned.
Article 179(1) of the Austrian Code of Criminal Procedure states that the investigating judges must examine the accused person arrested immediately, at the latest, though, 48 hours after his/her commitment to the court, and that he/she must be informed at the beginning of the interrogation, inter alia, of his/her right to consult with a legal counsel, before giving evidence.
According to section 195 of the Austrian Code of Criminal Procedure, victims are entitled to move for a reinstatement of criminal proceedings which were discontinued by the public prosecutor's office, provided that the requirements for discontinuing the proceedings were not met or new facts or evidence which are likely to lead to a conviction of the accused are presented.
Section 67 of the Austrian Criminal Procedure Code provides that a victim may become a private participant(Privatbeteiligter) to the criminal proceedings by declaration in order to request compensation for the damages sustained or the infringement of rights.