Austrian Law
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Austrian 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). Life imprisonment 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. Instea ...
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Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous city and state. A landlocked country, Austria is bordered by Germany to the northwest, the Czech Republic to the north, Slovakia to the northeast, Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the west. The country occupies an area of and has a population of 9 million. Austria emerged from the remnants of the Eastern and Hungarian March at the end of the first millennium. Originally a margraviate of Bavaria, it developed into a duchy of the Holy Roman Empire in 1156 and was later made an archduchy in 1453. In the 16th century, Vienna began serving as the empire's administrative capital and Austria thus became the heartland of the Habsburg monarchy. After the dissolution of the H ...
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Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things. In 1919 the First Austrian Republic established the first dedicated constitutional court, the Constitutional Court of Austria, which however existed in name only until 10 October 1920, when the country's new constitution came into effect, upon which the court gained the power to review the laws of Austria's federal states. The 1920 Constitution of Czechoslovakia, which came into effect on 2 February 1920, was the first to provide for a dedicated court for judicial review of parliamentary laws, but the court did not convene until November 1921. The organization and competences of both courts were influenced by constitutional theories of Hans Kelsen. Subsequently, this idea of having a sepa ...
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Administrative Court
An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered separate from general courts. The administrative acts are recognized from the hallmark that they become binding without the consent of the other involved parties. The contracts between authorities and legal persons governed by private law fall usually to the jurisdiction of the general court system. Official decisions contested in administrative courts include: *taxation *dispensation of monetary benefits *environmental licenses *building inspection *child custody *involuntary commitment *immigration decisions *summary public payments (other than fines imposed by general courts) In several countries, in addition to general courts, there is a separate system of administrative courts, where the general and administrative systems do not have ...
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Parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain 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 ''parole'' ("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. Modern development Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a plan to prepare them for event ...
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Recidivism
Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior. It is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.Henslin, James. ''Social Problems: A Down-To-Earth Approach'', 2008. The term is frequently used in conjunction with criminal behavior and substance abuse. Recidivism is a synonym for "relapse", which is more commonly used in medicine and in the disease model of addiction. Norway has one of the lowest recidivism rates in the world at 20%. Prisons in Norway and the Norwegian criminal justice system focus on restorative justice and rehabilitating prisoners rather than punishment. United States According to an April 2011 report by the Pew Center on the States, the average national recidivism rate for released prisoner ...
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President Of Austria
The president of Austria (german: Bundespräsident der Republik Österreich) is the head of state of the Republic of Austria. Though theoretically entrusted with great power by the Constitution, in practice the president is largely a ceremonial and symbolic figurehead. The office of the president was established in 1920 following the collapse of the Austro-Hungarian Empire and the Habsburg monarchy in 1918. As head of state, the president succeeded the chair of the Constituent Assembly, the post-monarchic provisional legislature. Originally intended to be chosen directly by the Austrian people through universal suffrage every six years, the president was instead appointed by the legislative Federal Assembly until 1951, when Theodor Körner became the first popularly-elected president. Since the institution of the popular vote, only nominees of the Social Democratic Party and the People's Party had been elected to the presidency, with the exception of the Green-endorsed incumb ...
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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 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, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a part ...
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Courts In Austria
The judiciary of Austria (german: österreischische Judikative) is the judiciary, system of courts, prosecution and prison, 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 judicial independence, independent of the other two branches of government and is committed to guaranteeing right to a fair trial, fair trials and equality before the law. It has broad and effective powers of judicial review in Austria, judicial review. Structurally, the Austrian judiciary is divided into general courts () and courts of public law (). The general courts handle lawsuit, 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 (Austria), Constitutional Co ...
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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 parliamentary 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 sovereign sta ...
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Life Imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes or any three felonies in case of three-strikes law. 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 first country to abolish life imprisonment, in 1884. Where life imprisonment is a possible sentence, there may als ...
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Life Imprisonment By Country
Life is a quality that distinguishes matter that has biological processes, such as signaling and self-sustaining processes, from that which does not, and is defined by the capacity for growth, reaction to stimuli, metabolism, energy transformation, and reproduction. Various forms of life exist, such as plants, animals, fungi, protists, archaea, and bacteria. Biology is the science that studies life. The gene is the unit of heredity, whereas the cell is the structural and functional unit of life. There are two kinds of cells, prokaryotic and eukaryotic, both of which consist of cytoplasm enclosed within a membrane and contain many biomolecules such as proteins and nucleic acids. Cells reproduce through a process of cell division, in which the parent cell divides into two or more daughter cells and passes its genes onto a new generation, sometimes producing genetic variation. Organisms, or the individual entities of life, are generally thought to be open ...
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