Law of Austria
Encyclopedia
Austria
in 2008 had 141 district courts (Bezirksgerichte) with civil jurisdiction. There were also 20 provincial courts (Landesgerichte) with civil and criminal jurisdiction and four higher provincial courts (Oberlandesgerichte) with criminal jurisdiction, located in Vienna
, Graz
, Innsbruck
, and Linz
. The Supreme Court (Oberster Gerichtshof), in Vienna, acts as the final appellate court for criminal and civil cases. The Constitutional Court (Verfassungsgerichtshof) has supreme jurisdiction over constitutional and civil rights
issues. The Administrative Court
(Verwaltungsgerichtshof) ensures the legal functioning of public administration. A central auditing authority controls financial administration. Judges are appointed by the federal government and cannot be removed or transferred. Trial by jury was reintroduced in 1951. There is no capital punishment.
Before the mid 1990s, the law allowed for detention of suspects for 48 hours without judicial review and up to two years of detention during the course of a criminal investigation. Amendments to the law in 1994 required more stringent judicial review of pretrial and investigative detention. Criminal defendants are afforded a presumption of innocence, public trials, and jury trial for major offenses, as well as a number of other procedural rights.
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
in 2008 had 141 district courts (Bezirksgerichte) with civil jurisdiction. There were also 20 provincial courts (Landesgerichte) with civil and criminal jurisdiction and four higher provincial courts (Oberlandesgerichte) with criminal jurisdiction, located in Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...
, Graz
Graz
The more recent population figures do not give the whole picture as only people with principal residence status are counted and people with secondary residence status are not. Most of the people with secondary residence status in Graz are students...
, Innsbruck
Innsbruck
- Main sights :- Buildings :*Golden Roof*Kaiserliche Hofburg *Hofkirche with the cenotaph of Maximilian I, Holy Roman Emperor*Altes Landhaus...
, and Linz
Linz
Linz is the third-largest city of Austria and capital of the state of Upper Austria . It is located in the north centre of Austria, approximately south of the Czech border, on both sides of the river Danube. The population of the city is , and that of the Greater Linz conurbation is about...
. The Supreme Court (Oberster Gerichtshof), in Vienna, acts as the final appellate court for criminal and civil cases. The Constitutional Court (Verfassungsgerichtshof) has supreme jurisdiction over constitutional and civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
issues. The Administrative Court
Administrative Court
The Administrative Court is a specialist court within the Queen's Bench Division of the High Court of Justice of England and Wales. It deals mainly with administrative law matters and exercises the High Court's supervisory jurisdiction over inferior courts and tribunals .The Administrative Court...
(Verwaltungsgerichtshof) ensures the legal functioning of public administration. A central auditing authority controls financial administration. Judges are appointed by the federal government and cannot be removed or transferred. Trial by jury was reintroduced in 1951. There is no capital punishment.
Judiciary system
The judiciary is independent of the other branches. Judges are appointed for life and can only be removed for specific reasons established by law and only after formal court action has been taken.Before the mid 1990s, the law allowed for detention of suspects for 48 hours without judicial review and up to two years of detention during the course of a criminal investigation. Amendments to the law in 1994 required more stringent judicial review of pretrial and investigative detention. Criminal defendants are afforded a presumption of innocence, public trials, and jury trial for major offenses, as well as a number of other procedural rights.