IMPORTANT PROVISIONS OF THE AUSTRIAN PENAL CODE:

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1 IMPORTANT PROVISIONS OF THE AUSTRIAN PENAL CODE: Section 1 (No penalty in the absence of statute) (1) No penalty or preventive measure must be imposed, except for an offence which falls under an explicit statutory sanction and which was already punishable at the time when it was committed. (2) No penalty, severer than that by which the offence was punishable at the time when it was committed, must be imposed. No preventive measure must be ordered, except when this preventive measure or any other penalty or preventive measure comparable with regard their nature was provided for at the time when the offence was committed. When a preventive measure is ordered which is merely comparable with regard to its nature, the offender must not be subjected to any treatment less favourable than that which was permitted by the statute in force at the time when the offence was committed. Section 2 (Commission by way of omission) Where it is punishable under a statute to bring about a certain result, any person shall be punished as well who omits to avert that result although he would have been bound to do so according to a particular obligation falling upon him under the existing legal system, and although the omission to avert the said result is equivalent to the production of the constituent elements of an offence under the law by way of acting. Section 3 (Self-defence) (1) A Person is not behaving unlawfully when only exercising such defence as is indispensable in order to repel from himself or from another individual a present or imminent unlawful assault on the life, health, physical integrity, liberty, or property. However, this behaviour is not justified when it is evident that the assaulted person is threatened only by a slight disadvantage and that the defence is disproportionate, in particular with a vie to the seriousness of the impairment of the assailant which is necessary for the repulse. (2) A person who exceeds the bounds of justified defence or uses an evidently disproportionate defence (para. 1) and who does so solely in a state of dismay, dread or fright, shall not be punished, unless the transgression is based on negligence and the negligent behaviour is as well punishable. Section 4 (No penalty in the absence of culpability) A Person is liable to punishment only on the grounds of culpable behaviour. Section 5 (Intent) (1) A Person is behaving intentionally who wants to produce the facts constituting an offence under the law ; to this end it is sufficient that the offender seriously believes such production to be possible and that he resigns in it. (2) The offender is behaving willfully when it is important to him that he produces those circumstances or results for which willful acting is a statutory prerequisite. (3) The offender is behaving knowingly when he not just believes the circumstance or result to be possible for which it is a statutory prerequisite that it is produced knowingly, but when he rather feels certain that such circumstance or result is either existent or that it will ensue. Section 6 (Negligence) (1) A person is behaving negligently who ignores the diligence to which he is obliged under the prevailing conditions and for which he is also qualified according to his mental and physical capacities and which moreover can reasonably be expected of him, and who does not therefore perceive that he could possibly produce the facts constituting an offence under the law. (2) A person is behaving negligently as well who believes it to be possible that he might produce such facts, without however wanting to bring them about.

2 Section 7 (Punishability of intentional and negligent behaviour) (1) Subject to contrary statutory provisions, only intentional behaviour is punishable. (2) Where a severer penalty is provided for as the result of a particular consequence of an offence, it shall affect the offender only if he has brought about this consequence at least by way of negligent behaviour. Section 8 (Mistaken assumption of unjustifying facts) A person must not be punished for the intentional commission of an offence who has erroneously assumed facts which would have precluded the offence from being unlawful. Such person shall be punished for having committed the offence negligently, if the mistake was based on negligence and if the negligent commission of the offence is also punishable. Section 9 (Mistake of law) (1) A person is not behaving culpably who does not perceive the criminality of the offence because of a mistake of law, if he cannot be reproached for that mistake. (2) He shall be reproached for the mistake of law, if the criminality was easily perceptible for the offender as well as for everybody else, or if the offender has failed to make himself familiar with the relevant provisions although he was obliged to do so according to his profession, to his occupation or otherwise to the prevailing condition. (3) Where the offender is to be reproached for the mistake, the sanction shall be applied which is provided for in the case of an intentional offence if he has behaved intentionally, whereas the sanction for the negligent offence shall be applied if the offender has behaved negligently. Section 10 (Exculpating state of necessity) (1) A person who commits a punishable offence in order to avert an imminent and considerable disadvantage from himself or from another is exonerated, if the damage menacing from the offence is not disproportionally graver than the disadvantage to be averted, and if in the situation of the offender no other conduct was to be expected from an individual attached to the values protected by law. (2) The offender is not exonerated if he exposed himself deliberately to the danger in absence of any legally recognized ground. The offender shall be punished for having committed the offence negligently, if he assumed, by mistake based on negligence, such preconditions as would have exculpated his behaviour, and if the negligent commission of the offence is also punishable. Section 11 (Irresponsibility) The behaviour of a person is not culpable if performed at a time when, as a consequence of a mental disease, imbecility, deep disturbance of consciousness, or other grave psychic disturbance equivalent to one of these conditions, he lacks the capacity either to appreciate the criminality of his behaviour or to conform his conduct to this appreciation. Treatment of all participants as offenders Section 12. Not only the immediate offender commits the offence but also any person that instigates another person to commit it as well as everybody who is an accessory to its commission. Section 13 (Independent punishability of all participants) Where several persons were participating in an offence, each of them shall be punished according to the culpability of his behaviour.

3 Section 14 (Characteristics and circumstances of the offender) (1) Where the statute is making either the punishability of a behaviour or the severity of a penalty contigent on particular personal characteristics or circumstances of the offender relating to the criminality of the offence, the statute shall be applied to all participants likewise, even if these characteristics or circumstances are pertaining only to one of them. However, where the criminality of the offence is depending on the prerequisite that the bearer of such particular personal characteristics or circumstances directly perpetrates the offence or that he cooperates for its commission in another special manner, this requirement must be satisfied as well. (2) Where to the contrary the particular personal characteristic of circumstances are relating solely to the culpability, the statute shall be applied only to those participants to whom said characteristics or circumstances are pertaining. Punishability of attempt Section 15. (1) The liability for intentional acts does not only apply to the completed offence but also to the attempt and to any participation in an attempt. (2) An offence is attempted as soon as the offender materializes his decision to commit the offence or to instigate another person to do so (section 12) with an action immediately preceding the committal of the offence. (3) The attempt and the participation in it are not punishable if the completion of the offence has been impossible under any circumstances for lack of personal features or relations requested by the law on behalf of the acting person or with respect to the act or the object against which the offence is committed. Section 16 (Abandonment of attempt) (1) The offender shall not be punished for an attempt or for the participation in an attempt, if he voluntarily abandoned the perpetration of the offence or prevented it in a case where several persons were participating, or if he voluntarily averted the result. (2) Where, independently from any interference by the offender, either the perpetration of the offence or its result do not occur, the offender still goes unpunished if he, while not aware of this circumstance, did voluntarily and seriously endeavour either to prevent the perpetration or to avert the result of the offence. Section 17 (Classification of criminal offences) (1) Any intentional behaviour which is punishable by imprisonment for life or for a term of more than three years is a felony. (2) All other criminal offences are misdemeanours. Section 18 (Imprisonment) (1) Imprisonment shall be imposed either for life or for a definite term. (2) Imprisonment for a definite term may be imposed for one day at least and for twenty years at most. Fines Section 19. (1) The fine is to be pronounced in daily rates. The minimum fine is two daily rates. (2) The daily rate is to be laid down according to the personal and economical situation of the perpetrator at the time of the verdict of the court of the first instance. The minimum daily rate is ATS 30, the maximum daily rate ATS (3) A substitute prison sentence is to be pronounced for the case that the fine can not be executed. One day of substitute prison sentence is equivalent to two daily rates.

4 Section 20 Confiscation of Profits (1) Whoever 1. has committed an offence and has obtained economic benefit from it, or 2. has received economic benefit for committing an offence, is to be condemned to payment of an amount of money equivalent to the gained illegal profits. Insofar as the extent of the profits cannot be established at all, or cannot be established without disproportionate expenditure, the court may fix the sum of money to be confiscated according to its conviction. (2) If the perpetrator 1. has committed crimes (sect. 17) continuously or repeatedly and has obtained economic benefits from, or received for, their commission and 2. has gained during the same period further economic benefits, there being an obvious supposition that these benefits derive from other crimes of the same nature, and the legal acquisition of the benefits not being made credible, these economic benefits have to be taken into consideration in fixing the amount of money to be confiscated. (3) A perpetrator who, during the period of his membership in a criminal organization (sect. 278a) or in a terrorist group (sect. 278b), has gained economic benefits, is to be condemned to payment of an amount of money the court may fix corresponding to the gained profits according to its conviction, if there is an obvious supposition that these profits derive from offences and their legal acquisition cannot be made credible. (4) Whoever profits illegally and directly from an offence committed by another person, or from the economic benefit given for the commission of such on offence, is to be condemned to payment of an amount of money equivalent to these profits. This applies mutatis mutandis to legal persons and partnerships which have gained profits. (5) If the person who has gained illegal profits has died, or if the legal person or partnership has ceased to exist, the profits are to be confiscated from the legal successor insofar as they were still existent at the moment of transmission of rights. (6) A majority of persons who have gained illegal profits are to be condemned according to their respective shares. If the share cannot be established, the court has to fix it according to its conviction. Section 20a Abstention from the Confiscation of Profits (1) The confiscation of profits is excluded insofar as the person who has gained illegal profits has satisfied civil claims derived from the criminal act or has undergone the contractual and enforceable obligation to do so, or has been condemned, or is condemned simultaneously, to do so or if and insofar as the profits are removed by other legal measures. (2) It is to be refrained from the confiscation of profits 1. if, in the case of sect. 20 para.1 (1), the amount of the profits does not exceed EURO and confiscation is not necessary, for specific reasons, to prevent the future commission of criminal offences, or 2. insofar as the amount of money to be confiscated or the chances to enforce the order is disproportionate to the expenditure for proceeding to such order or for its enforcement, or 3. insofar as the payment of the amount of money would unreasonably endanger the subsistence of the person who has gained the profits or would constitute an inappropriate hardship for him, especially because the profits do not exist any more at the time of the order; other disadvantageous consequences of a conviction are to be taken into consideration.

5 Section 20b Forfeiture (1) Property being at the disposal of a criminal organization (sect. 278a) or a terrorist group (Sect. 278b) or which has been provided or collected as a means for financing terrorism shall be declared forfeited. (2) Property deriving from an offence where Austrian jurisdiction is not established under sect. 62 to 65 shall be declared forfeited if the offence is punishable under the law of the State where it was committed. Section 20c (Abstention from Forfeiture) (1) Forfeiture is excluded insofar as 1. the property concerned is legitimately claimed by a person not having participated in the offence or in the criminal organization, or 2. its purpose is achieved by other legal measures, especially insofar as the illegal profits are declared confiscated in foreign proceedings and if the foreign decision can be executed in Austria. (2) Forfeiture is to be refrained from if it would be out of proportion to the importance of the matter, or to the expenditure implied. Section 21 (Confinement in an institution for mentally abnormal offenders) (1) Where a person who has committed an offence punishable by imprisonment of more than one year cannot be so punished, for the sole reason that he committed the offence while under the influence of a condition that was precluding responsibility (section 11) and was based on a high degree of mental or emotional abnormality, the court shall order him to be placed in an institution for mentally abnormal offenders if his personality and condition and the nature of the offence give grounds for apprehension that under the influence of his mental or emotional abnormality he would otherwise commit a punishable offence of serious consequences. (2) Where such grounds for apprehension exist, any person shall likewise be ordered to be placed in an institution for mentally abnormal offenders who, while under the influence of a high degree of mental or emotional abnormality without however lacking responsibility, has committed an offence punishable by imprisonment of more than one year. In such a case the confinement shall be ordered at the time when sentence is passed. Section 22 (Confinement in an institution for addicted offenders in need of curing) (1) Where a person who is addicted to the abuse of intoxicants or narcotics is convicted for having committed a criminal offence in a state of inebriety or otherwise in connection with his addiction, or is convicted for a punishable behaviour performed in a state of full intoxication (section 287), the court shall order him to be placed in an institution for addicted offenders in need of curing if his personality and the nature of the offence give grounds for apprehension that in connection with his addiction intoxicants or narcotics he would otherwise commit either a punishable offence of serious consequences or at least punishable offences entailing not merley light consequences. (2) The court shall refrain from ordering such confinement if the offender has to serve more than two years in prison, if the requirements are satisfied for his confinement in an institution for mentally abnormal offenders, or if the endeavour to cure him appears to be hopeless from the very beginning. Section 24 (Successive enforcement of imprisonment and of preventive measures involving deprivation of liberty) (1) Confinement in an institution for mentally abnormal offenders or in an institution for addicted offenders in need of curing shall be enforced prior to imprisonment. The time of confinement shall be deducted from the term of the penalty. Where the confinement is terminated before the term of

6 the sentence has expired, the offender shall be transferred to prison, unless he is conditionally or unconditionally released from the rest of the sentence. (2) Confinement in an institution for dangerous recidivists shall be enforced after imprisonment. Prior to the transfer of the offender into the institution for dangerous recidivists the court shall examine ex officio whether the detention is still necessary. Section 25 (Duration of preventive measures involving deprivation of liberty) (1) Preventive measures shall be ordered for an indefinite term. They shall be enforced for as long a time as demanded by their purpose. However, the confinement in an institution for addicted offenders in need of curing must not last longer than two years, and the confinement in an institution for dangerous recidivists must not last longer than ten years. (2) It is the court that shall decide upon the termination of the preventive measure. (3) At least once every year the court shall examine ex officio whether the confinement in an institution for mentally abnormal offenders or in an institution for dangerous recidivists is still necessary. (4) At least once every six month the court shall examine ex officio whether the confinement in an institution for addicted offenders in need of curing has to be maintained. Section 26 (Confiscation) (1) Objects which have been used or have been intended to be used by the perpetrator to commit an offence or have been produced by this offence shall be confiscated, if the confiscation seems to be required by the special condition of the objects to counteract the commitment of offences. (2) It is to be refrained from the confiscation, if the person entitled removes the special condition, especially if he removes or makes useless devices or indications which facilitate the commitment of offences. Objects which are legitimately claimed by a person not having participated in the offence shall only be confiscated if the person concerned does not guarantee that the objects will not be used to commit offences. (3) In so far as the requirements are fulfilled the objects shall also be confiscated if no certain person can be prosecuted or convicted. Section 28 (Concurrent criminal offence) (1) Where a person has committed one act or several independent acts and has thus perpetrated several criminal offences of the same or of different nature and where all of these criminal offences are subject of the judgement, sentence shall be passed for one single term of imprisonment of for one single fine if the concurrent statutes prescribe either only imprisonment or only fines. This sentence shall be determined according to the statute providing for the severest sanction. Except for extraordinary mitigation, however, no milder sentence must be imposed than the severest of the minimum term prescribed by the concurrent statutes. (2) Where one of the concurrent statutes prescribes imprisonment whereas another one provides for a fine, or where only one of these statutes prescribes a fine along with imprisonment, sentence shall be passed for imprisonment and for a fine if both penalties are compulsory. Where one of them is not compulsory, it may nevertheless be imposed. The same applies for penalties of a different nature which are prescribes besides imprisonment or fines. For the determination of the term of imprisonment and of the fine, para. 1 shall apply. (3) Where para. 2 would provide that sentence should be passed for imprisonment and for a fine, the court shall pass sentence only for a fine in accordance with para. 1, if a fine has to be imposed in lieu of imprisonment (section 37). (4) Preventive measures shall be ordered where the requirements are satisfied in regard of one or several of the punishable offences which are subject of the same judgment.

7 Section 29 (Summation of values and damages) ] Where the severity of a sanction depends on the value as determined in figures of an object against which the offence was directed, or where it depends on the amount as determined in figures of the damage which was caused by the offence or which was covered by the intent of the offender, the total sum of all values or damages shall be the basis for the decision of the offender has committed several offences of the same nature. Section 30 (Inadmissibility of a multiple transgression of the statutory upper limit) In any case it is only one admissible to exceed the statutory upper limit of a sanction by half, even though different grounds permitting such transgression (section 39, 313) might concur. Section 31 (Sentence in a case of subsequent conviction) (1) Where a person who has already been sentenced to a penalty is later convicted for another offence which in regard of the time of its commission could already have been the subject of the earlier proceedings, an additional sentence shall be imposed. The latter must not exceed the maximum penalty by which the offence now subject to judgment is punishable. The total sum of sentences must not exceed the penalty which would be admissible according to the rules on the determination of sentences in cases of concurrent criminal offences, and according to the rules on the summation of values and damages. (2) An earlier foreign conviction is in any case equivalent to an earlier domestic conviction, even in absence of the requirements set forth in section 73. Section 35 (Intoxication) Where the offender has acted in a state of intoxication not precluding responsibility, this is a ground for mitigation only insofar as the reduction of responsibility thus caused is not counterbalanced by the reproach originating in the fact that the offender has enjoyed or used the intoxicant under the prevailing conditions. Section 37 (Imposition of fine in lieu of imprisonment) (1) Where an offence is punishable by a penalty not severer than imprisonment for a term up to five years, be it in combination with a fine or not, and where in such a case imprisonment would actually be imposed for a term not exceeding six months, sentence shall nonetheless be passed for a fine not exceeding 360 day-fines, unless a sentence of imprisonment is necessary in order to restrain the offender from committing further criminal offences of to counteract the commission of criminal offences by other persons. (2) Where an offence is punishable by a term of imprisonment severer than that mentioned in para. 1, but not severer than a term of ten years, be it in combination with a fine or not, the imposition of a fine not exceeding 360 day-fines in lieu of imprisonment not exceeding six months is only admissible if a sentence of imprisonment is not necessary in order to restrain the offender from committing further criminal offences, and if the imposition of a fine for particular reason for instance if the offence was committed under conditions coming near to a ground for exculpation of justification appears to be sufficient in order to counteract the commission of criminal offences by other persons. Section 38 (Deduction of pretrial detention) (1) The time of confinement in custody ordered either by an administrative authority or by a court, as well as the time spent in detention on remand, shall be deducted from terms of imprisonment and fines, if the offender was detained 1. in proceedings instituted because of the offence for which he is sentenced, or 2. otherwise, after the commission of this offence and because of the suspicion of having committed a punishable offence but in both cases only insofar as such detention has not

8 already been deducted from another sentence, or as the detained has not already received compensation for it. (2) If a fine is imposed, the pretrial detention shall be deducted from the term of alternative imprisonment. Section 39 (Tightening of punishment in case of recidivism) (1) Where the offender has already twice been sentenced to terms of imprisonment for offences rooted in the same detrimental inclination, and where he has served at least parts of these sentences even if only by way of deduction of a pretrial detention or of the deprivation of liberty involved in the enforcement of a preventive measure-, the upper limit of the prescribed term f imprisonment or fine may be exceeded by half if the offender, guided by the same detrimental inclination, commits again a criminal offence, provided that he has at this time already completed nineteen years of age. However, where imprisonment has to be imposed for a definite term, the sentence must not exceed a period of twenty years. (2) An earlier sentence shall be left out of consideration if more than five years have passed between its completion and the commission of the next offence. This term shall not include such periods of time during which the convict has been detained upon order of a public authority. If the sentence has been completed only because of the deduction of pretrial detention, the above term shall commence when the judgement becomes final. Section 40 (Determination of sentence in case of subsequent conviction) In case of subsequent conviction the additional sentence shall be determined within the limits prescribed in section 31 and in such way that the total sum of sentences is equivalent to that sentence which would have been to be imposed if all offences had been the subject of the same judgment. Where in such a case no severer sentence would have to be determined than it has been imposed in the earlier judgment, the court shall now refrain from an additional sentence. Section 41a (1) If the perpetrator of a criminal offence punishable under sects. 277, 278, 278a or 278b or of a criminal offence being connected with such a conspiracy, association or organization discloses his knowledge to a prosecution authority about facts whose knowledge contributes essentially 1. to remove or reduce considerably the dangers arising from the conspiracy, association or organization, 2. to promote the clearing up of such an offence in addition to his own complicity or 3. to find a person who participated in such a conspiracy in a leading position or had a leading position in such an association or organization, the sentence may remain under the legal minimum penalty under sect. 41 if this is adequate to the importance of the disclosed facts compared with the guilt of the perpetrator. Sect. 41 para. 3 is applicable mutatis mutandis. (2) Para.1 applies mutatis mutandis to the participant in a conspiracy, association or organization being punishable under the prohibition law or to the perpetrator of a criminal offence being connected with such a conspiracy, association or organization. (3) In case the knowledge of the perpetrator relates to criminal offences to which the Austrian penal laws are not applicable, para.1 shall apply nevertheless so far as a legal assistance would be admissible. Section 47 (Release from a preventive measure involving deprivation of liberty) (1) Persons confined in an institution for mentally abnormal offenders may in any case be released only under the conditions of parole, a period of probation being determined at the same time. Persons confined in an institution for addicted offenders in need of curing and persons confined in an institution for dangerous recidivists shall be released without conditions if the term or confinement (section 25 para. 1) has expired or if in a case of confinement in an institution for addicted offenders in need of curing the continuation or supplementation of the treatment would

9 not promise an effect of curing; in other case such persons shall be released only under the conditions of parole, a period of probation being determined at the same time. (2) Conditional release from a preventive measure involving deprivation of liberty shall be granted, if with a view to the behaviour and the development of the confined person in the institution as well as with a view to his personality, his state of health, his previous conduct and his prospects for leading an honest life there are grounds for the assumption that the peril is no longer existent against which the preventive measure was directed. (3) Where an offender is released, either on parole or without conditions and before the term of the sentence is completed, from an institution for mentally abnormal offenders or from an institution for addicted offenders in need of curing, section 24 para. 1 shall apply for the further proceeding. (4) The decision that the transfer of the offender into the institution for dangerous recidivists to a conditional release from the institution for dangerous recidivists. Section 49 (Calculation of probation periods) The period of probation shall commence at the time when the decision becomes final by which the conditional suspension of enforcement (sections 43 to 45) or the conditional release (sections 46 and 47) was granted. The term of probation shall not include such periods of time during which the convict has been detained upon order of a public authority. Section 51 (Instructions) (1) Instructions may possibly consist of orders as well as of prohibitions, provided that their observance appears to be appropriate in order to restrain the offender from committing further punishable offences. Any instructions are inadmissible which would constitute an unreasonable interference with the individual rights or with the conduct of life of the offender. (2) The offender may especially be instructed to take his residence in a particular place, with a particular family or in a particular home; to avoid a particular dwelling, particular places or a particular social intercourse; to abstain from drinking alcoholic beverages; to learn or to practice a suitable profession which should - as far as feasible correspond to his knowledge, his abilities and his preferences; to announce every change of his whereabouts or of his employment, and to report regularly to the court or to another authority. The offender may furthermore be instructed to compensate to the best of his ability for the damage that was caused by his offence, and he may so be instructed also in cases where this has a bearing on the question whether or not the enforcement of the sentence is necessary in order to counteract the commission of criminal offences by other persons. (3) Provided hat he consents and under the conditions set out in para. 1, the offender may be instructed to undergo either a treatment for curing an addiction or a psychotherapeutic or medical treatment. Regardless of his consent, however, the offender must not be instructed to undergo any medical treatment involving a surgical intervention. (4) As long as the period of probation is lasting, the court shall also issue subsequent instructions or shall either alter or lift former instructions, as far as this appears to be indicated in accordance with section 50. Section 56 (Terms for revocation) The court may issue the orders provided for in sections 53 to 55 solely during the period of probation ; however, if the ground for such decision is a criminal offence committed during the said time, the order may also be issued either within six months after the expiry of the term of probation, or after the termination of criminal proceedings which were still pending against the offender at the time when the said term expired.

10 Section 57 (Limitation of punishability) (1) Punishable actions liable to imprisonment for life or to imprisonment from 10 to 20 years or for life are not subject to the period of limitation. After a period of 20 years the lifelong imprisonment, however is replaced by imprisonment from 10 to 20 years. For this period para. 2 and section 58 apply accordingly. (2) The punishability of other offences expires through limitation. The period of limitation begins as soon as the punishable action is completed or the punishable conduct has ended. (3) The period of limitation is 20 years, if the offence is punishable with imprisonment although not for life but for more than 10 years, 10 years, if the offence is punishable with imprisonment of more than 5 years but not more than 10 years, 5 years, if the offence is punishable with imprisonment of more than 1 year but not more than 5 years, 3 years, if the offence is punishable with imprisonment of more than 6 months but not more than 1 year, 1 year, if the offence is punishable with a maximum of 6 months imprisonment or only a fine. (4) When an offence has become statute-barred confiscation of profits, forfeiture and preventive measures are also no longer possible. Section 58 (Extension of the period of limitation) (1) If the success /effect of an offence does only occur after the punishable action has been completed or the punishable conduct has ended, the period of limitation does not end before it has also expired counted from the occurance of the effect or if one and a half times the period of limitation or three years have passed since the date indicated in section 57 para. 2. (2) If the offender commits another offence stemming from the same bad inclination during the period of limitation the [former] offence is not barred by the statute of limitation until it has also expired for the latter [the newly committed] offence. (3) Not included in the period of limitation are: 1. the period of time during which prosecution can not be established or continued according to law, unless the federal constitution or para. 4 do not provide otherwise; 2. the time during which criminal proceedings because of the offence are pending against the offender before court; 3. (4) Section 60 (Extension of the period for the limitation of enforceability) (1) If during the period of limitation a new sentence or preventive measure is imposed on the convict, limitation of enforceability does not take place before the enforceability of the later sentence or prevention measure has also become barred by limitation. (2) The period of limitation does not include: 1. the term of probation in a case of conditional suspension of the enforcement either of a sentence or of the confinement in an institution for addicted offenders in need of curing, or in a case of conditional release ; 2. periods of time for which the convict has received a respite of the enforcement of imprisonment, unless the respite was granted because of unfitness to serve the sentence or because of the payment of a fine; 3. periods of time during which the convict has been detained upon order of a public authority; 4. periods of time during which the convict has been staying abroad.

11 (3) The enforcement of imprisonment or of the preventive measure involving deprivation of liberty shall interrupt the period of limitation. Where the interruption is terminated without the convict being finally released, the period of limitation shall commence to run anew, prejudice to the provisions of para. 2. Section 61 (Temporal purview) The penal statutes are applicable to offences which were committed after the said statutes had entered into force. They are applicable to offences committed earlier than that in cases where the statutes which were effective at the time when the offence was committed were not more favourable for the offender with regard to their total effects. Section 62 (Criminal acts committed in Austria) The Austrian criminal law applies to all criminal acts committed within Austria. Section 63 (Criminal acts committed on board of Austrian vessels and planes) The Austrian criminal law applies to criminal acts committed on board of Austrian vessels and planes, irrespective of their location. Section 64 (Criminal offences abroad being punished irrespective of the laws which are valid for the scene of the crime) (1) The Austrian penal laws are applicable regardless of the penal laws which are valid for the scene of the crime to the following offences being committed abroad: 1. espionage of a trade or business secret in favour of foreign countries (sect. 124), high treason (sect. 242), preparations for high treason (sect. 244), subversive associations (sect. 246), attacks on the high instruments of state (sects. 249 to 251), treason to the country (sects. 252 to 258) and criminal offences against the Federal Armed Forces (sects.259 and 260); 2. criminal offences committed against an Austrian public officer (sect. 74 n.4) during or for the execution of his functions and committed by an Austrian public officer; 3. false testimony before a court (sect. 288) and perjury or false deposition under oath before an administrative authority (sect. 289) in proceedings pending in an Austrian court or in an Austrian administrative authority; 4. extortionate kidnapping (sect. 102), surrender to a foreign power (sect. 103), slave trade (sect. 104), traffic in persons (sect. 104a), transnational trafficking with prostitution (sect. 217), money counterfeiting (sect. 232), the forgery of particularly protected securities punishable under section 232 (sect.237), criminal organization (sect. 278a para.1) and the criminal offences punishable under sects. 28 para.2 to 5, 31 para.2 and 32 para.2 of the drug law if Austrian interests have been violated or if the perpetrator cannot be extradited; 4a. gross sexual abuse of minors (sect. 206), sexual abuse of minors (sect. 207) and pornographic representations with minors pursuant to sect. 207a para. 1 and 2, sexual abuse of adolescent persons pursuant to sect. 207b para. 2 and 3 and promotion of prostitution and pornographic presentation of minors (sect. 215a), if the perpetrator is an Austrian citizen residing generally in the homeland; 4b. production and distribution of weapons for mass extermination (sect. 177a) if the perpetrators are Austrian citizens, but as to nuclear weapons only so far as the offence did not be committed by order or at the responsibility of a contracting party of the treaty against the distribution of nuclear weapons, Federal Law Gazette Nr. 258/1970, which is a state with nuclear weapons; 5. hijacking (sect. 185) and criminal offences against life and limb in this connection or against the freedom of aviation and its intentional endangering (sect. 186) if a) the criminal offence is directed against an Austrian aircraft, b) the aircraft lands in Austria and the perpetrators are still on board; c) the aircraft has been rented out to someone without a crew who has his business seat in Austria or in default of such a seat resides permanently in Austria; or

12 d) the perpetrator is in Austria and cannot be extradited; 6. other criminal offences for which Austria is bound to prosecution even if they have been committed abroad, irrespective of the laws which are valid for the scene of the crime; 7. criminal offences which commits an Austrian against an Austrian if both of them have their domicile or general residence in Austria; 8. participation (sect. 12) in a criminal offence which has been committed by the direct perpetrator at home as well as receiving stolen goods (sect. 164) and money laundering (sect. 165) referring to an offence being committed at home; 9. terrorist association (sect. 278b) and terrorist criminal offences (sect. 278c) as well as criminal offences under sections 128 to 131, 144 and 145 and 223 to 224, which have been committed in this connection, if a) the perpetrator has been an Austrian at the time of the offence or he has gained the Austrian citizenship afterwards and is still in its possession at the time of the institution of penal proceedings; b) the perpetrator has his domicile or general residence at home; c) the offence has been committed in favour of a legal entity having its seat in Austria; d) the offence has been committed against the National Parliament, the Federal Parliament, the Federal Assembly, the Federal Government, a Provincial Parliament, a Provincial Government, the Constitutional Court, the Administrative Court, the Supreme Court, any other court or administrative authority or against the people of the Republic of Austria; e) the offence has been committed against an authority of the European Union or against an entity under the treaties for the institution of the European Communities or the treaty on the European Union, having its seat in the Republic of Austria; f) the perpetrator has been a foreigner at the time of the offence, is now in Austria and cannot be extradited. 10. financing of terrorism (sect. 278d) if a) the perpetrator has been an Austrian at the time of the offence or he has gained the Austrian citizenship afterwards and is still in its possession at the time of the institution of penal proceedings; or b) the perpetrator has been a foreigner at the time of the offence, is now in Austria and cannot be extradited. (2) If the penal laws mentioned in para. 1 cannot be applied only for the reason that there has been committed a criminal offence which is punished by a severer sanction, the offence being committed abroad shall be punished nevertheless irrespective of the penal laws which are valid for the scene of the crime pursuant to the Austrian penal laws. (As amended by Federal Law Gazette Nr. 1987/605, 1996/762, I 1997/112, I 1998/153, I 2000/34 and I 2002/134 ad BGBl I 2004/15). Section 65 (Criminal offences committed abroad which are subject to prosecution only if they are liable to persecution according to the laws which are valid for the scene of the crime (1) For other criminal offences committed abroad than those referred to in sections 63 and 64 applies the Austrian criminal law, if the offences are also liable to persecution according to the laws which are valid for the scene of the crime: 1. if the offender has been Austrian at the time of the offence or if he has acquired Austrian citizenship at a later date and if he still holds citizenship at the time of initiation of the criminal proceedings; 2. if the offender has been a foreigner at the time of the offence, was found out inland and can not be extradited to a foreign state for other reasons than the nature or characteristics of the offence. (2) The penalty is to be determined so that the perpetrator in general is not treated less favorably than he would have been according to the laws of the state where he committed the offence. (3) It is sufficient that the offence is liable to persecution according to Austrian law if there is no penal power at the place where the criminal act was committed.

13 (4) The punishability ceases to exist: 1. if the punishability of the offence has been extinct according to the laws which are valid for the scene of the crime; 2. if the offender has been acquitted or the prosecution has been abandoned by a court of the state, in which the offence had been committed; 3. if the offender has been sentenced legally binding by a foreign court and if the penalty has been executed totally or in case that the penalty has not been executed, if the penalty acceptilate has been acceptilated or if the enforceability has been time-barred according to the foreign law; 4. as long as the enforceability of the penalty imposed by the foreign court is set out totally or partially. (5) If the preconditions apply, preventive sanctions according to Austrian laws have to be disposed against an Austrian person, even if this person cannot be punished inland according to the reasons mentioned in the previous paragraph. Section 65a (Scope of confiscation and forfeiture) Confiscation and forfeiture apply to all property and items in Austria. Section 66 (Deduction of penalties incurred abroad) Where the offender has already served a sentence abroad for the offence for which he is punished in this country, the former shall be deducted from the sentence imposed in this country. Section 67 (Time and place of a criminal act) (1) The offender has committed the punishable offence at the time at which he has acted or at which he should have acted ; it does not matter when the result has ensued. (2) The offender has committed the punishable offence at each place where he has acted or where he should have acted, or where a result corresponding to the constituting elements of the offence either has totally or partially ensued or should have ensued according to the conception of the offender. Section 68 (Calculation of time periods) Years and months shall be calculated according to the calendar. All time periods shall be calculated in such way that the day is not counted on which the event occurs with which the time period commences. All periods shall terminate with the end of their last day. Section 69 (Commission in public) An offence is committed in public if it is immediately perceptible for a larger group of persons. Section 70 (Commission for regular gain) A person is committing an offence for regular gain if he perpetrates it willfully with the intent to procure by its repeated commission a continuous income for himself. Section 71(Detrimental inclination) Punishable offences are rooted in the same detrimental inclination if they are directed against the same legally protected value or if they are a consequence either of reprehensible motives of the same kind or of the same fault in character. Section 72 (Relations) (1) The relations of a person comprise his relatives by blood or marriage in the direct line, the spouse as well as the spouse s brothers and sisters, his own brothers and sisters as well as their spouses, children and grandchildren, the brothers and sisters of his parents or grand-parents, his cousins, the

14 father or the mother of an illegitimate child of the person, the person s adoptive or foster parents, his adoptive or foster children, and his guardian or ward. (2) Persons who are living together as life companions shall be treated as relations; the children and grandchildren of one of them shall be treated also as belonging to the relations of the other part. Section 73 (Foreign convictions) Provided that a statute does not explicitly refer to the conviction by a domestic court, foreign convictions are equal to domestic convictions, if the offender was convicted for an offence which is punishable by a criminal court also under Austrian law, and if the judgment was rendered as a result of proceedings which were in conformity with the principles set forth in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Fed. Gaz. No. 210/1958. Other definitions Section 74 (1) In the sense of this Federal Law means 1. minor: who did not yet complete the fourteenth year of one s life: 2. (abrogated Federal Law Gazette Nr. I 2001/19) 3. person under age: who did not yet complete the eighteenth year of one s life; 4. public officer: everyone who is appointed to perform legal acts in the name of the Federal Government, a Provincial Government, an association of municipalities, a municipality or any other person of the public law with the exception of a Church or confession as its administrative organ by oneself or together with any other person or is entrusted in another way with duties of the federal, provincial or municipal administration; 4a. public officer of another member state of the European Union: everyone who is a public officer or office-bearer under the penal law of another member state of the European Union or would it be pursuant to the application of para. 4 mutatis mutandis. 4b. public officer of the Communities: everyone who is a public officer or employee in the sense of the statute of the public officers of the European Communities or the employment-conditions for the other employees of the European Communities or is at the disposal of the European Communities by order of the member states or public or private entities and is entrusted there with duties corresponding to the duties of public officers or another employees of the European Communities; public officers of the Communities are also the members of entities which has been founded under the treaties for the institution of the European Communities and the employees of these entities, the members of the Commission, the Court and the Audit Office of the European Communities as well as the executive organs and employees of the European Police Office (Europol); 4c. foreign public officer: everyone who holds an office within the legislation, administration or judiciary in another state, who performs public duties for another state or an authority or public entity of such a state or who is a public officer or representative of an international organization; 5. dangerous threat: a threat with a hurt to the body, freedom, honour or property which is appropriate to cause reasonable concerns to the threatened person in consideration of the circumstances and his personal conditions or the importance of the threatened harm, without a difference whether the threatened harm is directed against the threatened person himself, his relatives or against other persons being under his protection or near to him for personal reasons; 6. remuneration: any return service which is accessible to an assessment at an amount of money even if it is made in favour of another person than that person to whom it is offered or given; 7. document: a writing which has been drawn up to create, modify or cancel a right or legal relationship or to prove a fact of legal importance. 8. computer system: single as well as combined devices which serve automation-aided dataprocessing. (2) Personal data and non-personal data as well as computer programs are to be understood as data in the meaning of this federal law.