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Justice Minister Zadić presents the proposal to Federal President Van der Bellen
Vienna (OTS) – The former head of the department of “International Criminal Law”, as head of the new section of “Individual Criminal Matters”, will ensure the independence of the investigative work of the prosecutors. The former head of the section will push forward the main reforms in criminal law and criminal procedural law with the “criminal law” section. Barbara Göth-Flemmich and Christian Pilnacek are the most suitable candidates for the respective role, according to the results of the evaluation committees.
Federal President Van der Bellen is now responsible for the final decision. In case of confirmation, the new section chief and the new section chief will take office on 1 September.
Separation of legislative and judicial tasks: “Internal separation of powers” guaranteed in the Ministry of Justice
With the reorganization of the criminal law section into two newly created sections, the Minister of Justice, Alma Zadić, is implementing one of her main concerns for the Austrian judiciary, namely the “internal separation of powers” in the Ministry of Justice. The interface with the legislature and the interface with the judiciary are now handled by two independent sections with two independent leaders.
“With this reorganization in the Ministry of Justice, we want to implement the internal separation of powers structurally and at the same time ensure the independence of the investigative work of the prosecutor and promote important reforms in criminal law,” said Justice Minister Alma Zadić. She would like to expressly thank all applicants for their initiative and the review committees for their extensive work on the evaluation.
International criminal law expert and experienced attorney planned to lead
Barbara Göth-Flemmich is an expert in the field of cross-border cooperation in criminal law, which is increasingly important in increasingly complex large-scale proceedings in the economic field. Until now she was head of the department of “International Criminal Law”. Barbara Göth-Flemmich has acquired extensive experience in numerous individual criminal cases at the national and international level. She received international recognition through her election on two occasions (2006 and more recently 2018) as Chair of the Group of Experts of the Council of Europe on the Application of the Conventions of the Council of Europe in the Area of Criminal Law. Göth-Flemmich always focused on human rights issues. This applies above all to extradition cases, as well as to the observation, analysis and implementation of the jurisprudence of international organizations (in particular, the ECHR). Barbara Göth-Flemmich considers herself an objective and constructive personality. She is the most suitable candidate for the review committee. This makes Göth-Flemmich the second section chief to head a section of the Ministry of Justice.
Christian Pilnacek emerged from the application process as the best placed candidate on his application. His experience in substantive criminal law and criminal procedural law is essential for the complex reforms in the main contentious and appeals processes that will be implemented in the coming years. In the last ten years of his activity as head of the former criminal law section, Christian Pilnacek was responsible for all major legislative projects. Special emphasis should be placed on the Laws for the Amendment of the Criminal Procedure Law, the Law for the Amendment of the Criminal Law against Corruption, the Law for the Amendment of the Sexual Criminal Law or, more recently, the Law of Protection against Violence , the COVID-19 legal accompanying legislation and the package of measures against violence and hate on the Internet.
New tender due to BMJ reorganization – a necessary step
The new tender for the two management positions was necessary because the previous criminal section was replaced by two newly created sections:
The new section V “Individual criminal matters” will guarantee the independence of the prosecutors and their investigative work in criminal proceedings. It will act in the interface with the judiciary, that is, in the direction of an independent judiciary. He is responsible for the technical and official supervision of all prosecutors in Austria, the new regulation and reduction of reporting obligations, support in the structuring and organization of large-scale procedures, which also plays an important role in speeding up procedures and, therefore, in strengthening the fight against corruption, as this is also anchored in the government program.
The new section IV “Criminal law” will act at the interface of the legislature, that is, legislation, towards parliament and politics, as well as to stakeholders from science, business, interest groups and society. She will promote the main reforms in criminal law. Its main tasks include the reform of the main and appeal proceedings, the revision of the substantive criminal law, the new regulations on the fight against corruption, the modernization of the criminal law as well as the reform of the execution of measures and the new regulations to protect against violence and hatred on the Internet, including strengthening the protection of victims.
Barbara Göth-Flemmich
1991-1993: Employment at the International Law Office / BMeiA
1993-1994: Attaché at the Austrian Embassy in Brussels 1994-1997: Trainee judge
1997-1998: Judge of the District Court of the Center of Vienna
1998-2001: Consultant to the Presidential Section and Civil Law Section of the BMJ
2001-2004: Deputy Head of the Department of International Civil Law
2004-2020: Head of the Department of International Criminal Law of the BMJ
Since 2000, representation of Austria in various international organizations of the EU, the Council of Europe, the UN (sometimes also as president of these organizations)
Christian pilnacek
1992 Passed the judicial examination with excellent results 1992 Beginning of the career in the department of justice in the then criminal legislative section (participation in the Law of Amendment of the Criminal Procedure Law of 1993)
1998 change to jurisprudence at the regional court of Korneuburg, first as examining magistrate and then as head of a single judge and department of lay judges.
1999 return to the BMJ.
2001 Appointment as superior prosecutor and deputy director of Department II.3 in the Federal Ministry of Justice and in February
In 2003 I was appointed head of Department II.3 of the Federal Ministry of Justice, responsible for matters related to the Code of Criminal Procedure and general issues of criminal procedure law.
2010 head of the newly created criminal law section.
Queries and contact:
BM for justice
Martina schmidt
Press spokesperson for the Minister of Justice
0676898912303
martina.schmidt@bmj.gv.at
