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Franz Jägerstätter


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All jurisdiction in Austria proceeds from the Federal Republic.

Verdicts and findings are proclaimed and published in the name of the Republic.

Nobody may be deprived of appearance before a judge as prescribed by law.

Military jurisdiction is suspended. The death sentence has been abolished.

Judges are independent in the exercise of their offices. They may be neither dismissed nor transferred.

Proceedings in courts of civil and penal law are verbal and public. The law itself defines exceptions to this principle.

The general public is involved in the process of jurisdiction. In the case of crimes entailing severe penalties - these crimes being designated by law - and in the case of political crimes and offences, a jury passes verdict. In other cases lay assessors are involved in the proceedings if the prescribed sentence exceeds a certain limit defined by the law.

The final court of appeal for civil and criminal proceedings is the Supreme Court.

The judiciary is separate from the executive at every level of jurisdiction.

Supreme Courts

The Supreme Court is the final court of appeal for civil and criminal proceedings.

The Administrative Court deals with cases of alleged legal offences in connection with decisions taken by the administrative authorities.

The Constitutional Court deals with proprietary claims lodged against the federal, state, regional or municipal authorities when these claims cannot be dealt with by normal legal channels nor by an administrative authority. The Constitutional Court also passes verdict in the case of disputed responsibilities between: courts of law and administrative authorities, the Administrative Court and any other court of law, notably between the Administrative Court and the Constitutional Court itself, or between the regular courts of law and other courts, between the federal states, and between a federal state and the federal authorities.

At the instigation of the Federal Government or a State Government, the Constitutional Court also reaches a finding on whether a legislative or executive act falls within the purview of the federal or the state authorities.