NCJ Number
130457
Editor(s)
G O W Mueller
Date Published
1966
Length
182 pages
Annotation
After an introduction that outlines the history, organization, and contents of Austria's Penal Act, this book presents an English translation of the act.
Abstract
The current criminal code was promulgated by Emperor Franz Josef I on May 27, 1852. Although it remained in force from 1938 to 1945 during the period of annexation by the German Reich, it was riddled by numerous German amendments. The Penal Code as in force on March 13, 1938, was republished in 1945 after the restoration of the Republic of Austria, and continues in force. In the tripartite division of crimes into felonies and gross and petty misdemeanors, which is primarily of procedural interest, the 1852 criminal code followed the model of the French law. Various additions and amendments have modernized the code. Penal provisions for the protection of personal liberty against encroachment by the organs of the State have been added as have provisions for the protection of the inviolability of a person's house and the secrecy of letters and writings. Other protections followed, such as labor's right to organize, freedom of assembly, freedom of association, and the right to vote. Changes have also occurred in sanctions. The code excludes criminal responsibility where there is permanent, periodic, or temporary impairment of reason.