THE PUNISHMENT OF FOREIGNERS CONVICTED OF TRAFFIC OFFENCES IN SWITZERLAND. MUTUAL LEGAL ASSISTANCE FOR THE AUSTRIAN AND SWISS AUTHORITIES

ZUR AHNDUNG DER VON AUSLAENDERN IN DER SCHWEIZ BEGANGENEN VERKEHRSDELIKTE. GEGENSEITIGE RECHTSHILFE DER OESTERREICHISCHEN UND SCHWEIZERISCHEN BEHOERDEN

AS A RESULT OF THE EUROPEAN AGREEMENT OF 20.4.1959 LEGAL ASSISTANCE OF THE WIDEST RANGE HAS BEEN UNDERTAKEN BETWEEN AUSTRIA AND SWITZERLAND (EXAMINATION OF WITNESSES OR ACCUSED, DELIVERY OF DOCUMENTS, COLLECTION OF LOCAL EVIDENCE ETC). UNDER THE SUPPLEMENTARY AGREEMENT OF 13.6.1972 THIS LEGAL ASSISTANCE ALSO EXTENDS TO LOCAL AUTHORITIES. AN AGREEMENT OF 13.11.1964 REFERRING TO TRAFFIC OFFENCES, WHICH ALSO INCLUDES THE EXCHANGE OF LEGAL ASSISTANCE, HAS NOT YET BEEN RATIFIED BY AUSTRIA AND SWITZERLAND. AT THE PRESENT TIME THE FOLLOWING OFFENCES CARRY IMPRISONMENT OR FINES: DEATH DUE TO NEGLIGENCE, INJURY DUE TO NEGLIGENCE, NEGLIGENT DISTURBANCE OF PUBLIC TRANSPORT GIVING RISE TO DANGER FOR PERSONS. A SENTENCE IS LIKELY BY THE AUSTRIAN COURTS IF THE CIRCUMSTANCES ARE ALSO SUBJECT TO PUNISHMENT UNDER THE AUSTRIAN PENAL CODE. PERFORMANCE OF THE CRIMINAL PROCESS CAN THEREFORE BE PASSED FROM THE SWISS TO THE AUSTRIAN AUTHORITIES. IN THE CASE OF ADMINISTRATIVE BREACH OF LAW WHICH CANNOT BE PROSECUTED IN AUSTRIA, THE PROCESS MUST BE CARRIED OUT BY THE SWISS AUTHORITIES THEMSELVES, ALTHOUGH WITH THE HELP OF THE AUSTRIAN AUTHORITIES. THE PUBLIC HEARING THEN TAKES PLACE IN A SWISS MAGISTRATES COURT. THE ACCUSED CAN BE SENTENCED IN HIS ABSENCE. UNPAID FINES CAN BE CONVERTED TO IMPRISONMENT. THE POSSIBILITY OF DISCHARGE DOES NOT EXIST IN THE PRESENT CIRCUMSTANCES BETWEEN AUSTRIA AND SWITZERLAND.

  • Authors:
    • LINKE, R
  • Publication Date: 1977-6

Language

  • German

Media Info

  • Pagination: 1-3
  • Monograph Title: THE "ZIP-FASTENER" PROCESS
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 01296526
  • Record Type: Publication
  • Source Agency: Kuratorium für Verkehrssicherheit (KfV)
  • Files: ITRD
  • Created Date: Nov 21 2010 5:58AM