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The package will be evaluated on Friday. There is no specific crime against political Islam. Instead, many new requirements and measures for convicted terrorists, but not pre-trial detention.
Vienna The terror package should be ready by Christmas. This was important to the ÖVP after a planned submission date was postponed due to differences of opinion with the coalition partner.
Therefore, the negotiations took place late into the night on Tuesday; the text was not yet ready when it was presented to the Cabinet on Wednesday afternoon, and officials were fine-tuning the wording. The legislative proposals were much less harsh than those announced politically. The presented part will be followed by another at the end of the first quarter.
Political Islam
Chancellor Sebastian Kurz had announced a criminal offense against “political Islam”. This wording is not in the law, it would also be inadmissible, as the Constitutional Court made clear in its most recent decision on the prohibition of the veil. A neutral formulation was chosen and the political intent was made clear in the explanations. The new criminal offense under §247b StGB states that anyone who establishes a religiously motivated association or is a member and who participates in or carries out a “serious illegal act” must be punished. Up to two years are on it. A religiously motivated connection is defined as illegally attempting to replace the basic order of the republic with a religiously based state and social order.
In custody
In the future, more attention must be paid to what happens in prisons. In the future, those convicted of terrorism will be closely monitored by various people and institutions: their attitudes, their contacts, what networks they may have established in custody. Before release, family members, probation officers, de-radicalizers, and protection of the Constitution must meet to discuss the case. This should provide a basis for the court to decide how to proceed. It remains to be seen if and how those perpetrators can be housed in the custody system in the future. This will be resolved in a second package before March: the Minister of Justice, Alma Zadic, wants to do it at the same time with a reform of the implementation of measures.
While Chancellor Kurz announced that he would like to lock up these perpetrators “for life” in the future, ministers criticize him. On several occasions he had stressed that he was not thinking about pre-trial detention. Negotiations continue.
After incarceration
In the future, there should be a set of conditions when a convicted terrorist is released. New electronic tracking measures using anklets or tokens are possible. There must be case conferences, the trial period can be extended in court. The court can also issue instructions to distance yourself from the social environment that contributed to the radicalization. Parole assistance should be more closely matched.
Symbolverbot
The government wants to add five more organizations to the Symbols Law, which already applies to the Islamic State or the PKK, including Identitarians. Your symbols may not be displayed or distributed. Additionally, there should be a dangerous registry for terrorist criminals who should be subject to a lifetime gun ban. The registry is also intended to ensure that former terrorists cannot establish themselves in security-related professions.
We have
In addition to the new criminal offenses, other laws have also been tightened: the law of Islam, for example. In the future there will be a registry of all mosques and imams. This will also affect foreign imams, so action can be taken against mosques that provide a platform for preachers of hate. Mosque associations should be able to be closed more easily in the future by reforming the association law. Funding from abroad is also being disrupted.
