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The Law of Austria in the law which applies at federal level in Austria. It is founded on the Federal Constitutional Law of 1920.
| | This article needs additional citations for verification .(May 2021) |
The Law of Austria in the law which applies at federal level in Austria. It is founded on the Federal Constitutional Law of 1920.
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). [1]
Information on Austrian law is available using the Legal Information System of the Republic of Austria or Rechtsinformationssystem des Bundes. [2]
Life sentences can be given in cases of murder [3] and other crimes resulting in someones death, [4] genocide, crimes against humanity and war crimes, [5] but also for major drug crimes [6] and severe acts of (re-)engagement in National Socialist activities. [7]
Parole may be granted to certain inmates in Austria after 15 years' imprisonment, if prison officials are satisfied that the inmate will not re-offend. This is subject to the discretion of a criminal court panel, and a possible appeal to the high court. Alternatively, the president may grant a pardon following a motion of the minister of justice. If the president rejects the petition of clemency or pardon, the offender will be sentenced to imprisonment for a lifetime, and thus will spend the rest of their natural life in prison. Inmates who committed their crime when they were below the age of 21 cannot be sentenced to life imprisonment. Instead, juvenile offenders can only be sentenced to a maximum of 20 years imprisonment. [8]
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments, including capital punishment, could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.
Life imprisonment is any sentence of imprisonment for a crime under which convicted criminals are to remain in prison for the rest of their natural lives. Crimes that warrant life imprisonment are extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.
The judiciary of Germany is the system of courts that interprets and applies the law in Germany.
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.
Parole is a form of early release of a 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.
A criminal record is a record of a person's criminal convictions history. The information included in a criminal record and the existence of a criminal record varies between countries and even between jurisdictions within a country. In most cases it lists all non-expunged criminal offences and may also include traffic offences such as speeding and drunk driving. In most countries a criminal record is limited to unexpunged and unexpired actual convictions, while in some it can also include arrests, charges dismissed, charges pending and charges of which the individual has been acquitted. The term rap sheet refers to Record of Arrest and Prosecution, similar to a criminal record.
Paragraph 175 was a provision of the German Criminal Code from 15 May 1871 to 10 March 1994. It made sexual relations between males a crime, and in early revisions the provision also criminalized bestiality as well as forms of prostitution and underage sexual abuse. Overall, around 140,000 men were convicted under the law. The law had always been controversial and inspired the first homosexual movement, which called for its repeal.
A federal prison is operated under the jurisdiction of a federal government as opposed to a state or provincial body. Federal prisons are used for convicts who violated federal law, inmates considered dangerous (Brazil), or those sentenced to longer terms of imprisonment (Canada). Not all federated countries have a legal concept of "federal prison".
Mandatory sentencing requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons to convicted persons. The royal prerogative of mercy was originally used to permit the monarch to withdraw, or provide alternatives to, death sentences; the alternative of penal transportation to "partes abroade" was used since at least 1617. It is now used to change any sentence or penalty. A royal pardon does not overturn a conviction.
Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent further criminal acts.
Capital punishment is a legal penalty in the U.S. state of Texas for murder, and participation in a felony resulting in death if committed by an individual who has attained or is over the age of 18.
Capital punishment in Germany has been abolished for all crimes, and is now explicitly prohibited by the constitution. It was abolished in West Germany in 1949, in the Saarland in 1956, and East Germany in 1987. The last person executed in Germany was the East German Werner Teske, who was executed at Leipzig Prison in 1981.
In the United States, life imprisonment is the most severe punishment provided by law in states with no valid capital punishment statute, and second-most in those with a valid statute. According to a 2013 study, 1 of every 2 000 inhabitants of the U.S. were imprisoned for life as of 2012.
Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence of imprisonment with no definite period of time set during sentencing. It was imposed by certain nations in the past, before the drafting of the United Nations Convention against Torture (CAT). The length of an indefinite imprisonment was determined during imprisonment based on the inmate's conduct. The inmate could have been returned to society or be kept in prison for life.
In Germany, life imprisonment has an indeterminate length and is the most severe punishment that can be imposed. A person sentenced to life imprisonment may normally apply for parole after having served 15 years. If the parole court rejects the application, the inmate may reapply after a court determined blocking period no longer than two years. If the court has determined a "severe gravity of guilt" exists, parole is delayed for a non-specific period beyond 15 years.
Life imprisonment in Russia was introduced on December 17, 1992, by the law 4123-I. Courts could not sentence criminals to life imprisonment at that time. Only those who had been sentenced to death penalty could have their sentences commuted to life imprisonment. When the new Criminal Code of Russia was adopted in 1996, life imprisonment became a separate punishment.
Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is an amendment to the state's constitution and certain penal code sections. The act protects and expands the legal rights of victims of crime to include 17 rights in the judicial process, including the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution, as well as granting parole boards far greater powers to deny inmates parole. Critics allege that the law unconstitutionally restricts defendant's rights by allowing prosecutors to withhold exculpatory evidence under certain circumstances, and harms victims by restricting their rights to discovery, depositions, and interviews. Passage of this law in California led to the passage of similar laws in Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, Oklahoma, Ohio and Wisconsin, and efforts to pass similar laws in Hawaii, Iowa, Montana, Idaho, South Dakota, and Pennsylvania. In November 2017, Marsy's Law was found to be unconstitutional and void in its entirety by the Supreme Court of Montana for violating that state's procedure for amending the Montana Constitution. The Pennsylvania Supreme Court reached the same conclusion as Montana under its own state constitution in 2021.
A Gladue report is a type of pre-sentencing and bail hearing report that a Canadian court can request when considering sentencing an offender of Indigenous background under Section 718.2(e) of the Criminal Code.
Life imprisonment in Turkey is a legal form of punishment and the most severe form of punishment. In most cases life imprisonment replaced capital punishment. Law 4771 of 3 August 2002 abolished the death penalty for peace time and replaced capital punishment with life imprisonment for 17 provisions of the Turkish Penal Code. Law 5218 of 14 July 2004 abolished the death penalty completely. This law provided that in some 40 provisions of the Turkish Penal Code and other laws such as the Law on Forests the death penalty was replaced by aggravated life imprisonment.