2023-10-12 17:00:35
SPÖ and FPÖ child protection packages postponed
Vienna (PK) – The Justice Committee today voted unanimously in favor of a government proposal from the Minister of Justice. The proposed changes to the Criminal Code include, in addition to the renaming of the offense (which was previously “Pornographic representations of minors”), an increase in the penalty range and the introduction of higher penalties in relation to “many” images or representations, which, according to the explanations, corresponds to a guideline starting at approx. corresponds to 30 crime objects. Motions from the SPÖ and FPÖ for expanded child protection measures were postponed with the votes of the ÖVP and the Greens.
Increased penalties for child abuse material
The government proposal on child abuse material differentiates between the extent of the penalty range between possession or knowingly accessing such materials on the Internet versus the production and distribution of such materials (2208 d.B.). In the latter case, a prison sentence of up to ten years can be imposed in certain cases. In the case of the possession of “many” images or graphic representations of minors, a penalty range of up to three years is envisaged, or up to five years in those cases in which these also or exclusively involve many images or representations of an underage person, i.e. loud Justice Minister Alma Zadić in the event that the crime particularly affects young children.
“No child should become a victim,” the Justice Minister emphasized, saying that protecting children from abuse and violence was everyone’s top priority. The child protection package presented by the federal government consists of three pillars. In addition to preventative protective measures and increased victim protection, the justice section would be discussed today in the Justice Committee. Zadić emphasized that it is essential that the injustice of such an act is recognized and its importance in society is shown with increased penalties. The scope of the ban on activities in areas with children has also been expanded. In the future, it will affect everyone and not just those perpetrators who have worked with children. In terms of prevention, there will be mandatory child protection concepts in schools as well as a quality seal for leisure clubs that develop a child protection concept.
Selma Yildirim (SPÖ) spoke out in favor of the package, although in her view more child protection measures are needed nationwide so that there are no more cases of abuse. She pointed out the demands of the SPÖ motion, but spoke out in favor of the government proposal to clarify the level of injustice and in the sense of general prevention. From her point of view, there still needs to be a clear separation regarding so-called “sexting”, where young people produce sexual images among themselves. With your application (3566/A(E)), the SPÖ called for a comprehensive federal child protection law and a number of additional measures. These include, among other things, mandatory child protection concepts in the area of prevention and awareness-raising for all institutions, clubs and facilities that work with children, as well as for the entire elementary education sector.
The FPÖ will also agree to the government proposal, although they would have liked even harsher punishments, said Harald Stefan (FPÖ). With its application, the FPÖ demands (3605/A(E)) such as a lifelong ban on child abusers from working wherever they might have to do with minors and all other groups of people in need of protection. In addition, there needs to be, among other things, a drastic tightening of the minimum and maximum penalties up to life imprisonment and a lifelong criminal record entry.
For her part, Agnes Sirkka Prammer (Greens) pointed out additional measures from the federal government’s child protection package, such as mandatory child protection concepts in schools and the certification of leisure clubs. This means that clubs would actually have to deal with the concepts – in their view, a mere obligation would not be sufficient, she told the SPÖ. Increasing the punishment range for perpetrators reflects the disvalue that society attaches to such acts. According to Johanna Jachs (ÖVP), convictions and charges in this area have increased massively over the last ten years. This makes it all the more important to decide on tougher penalties today. It is also high time for the ban on activities to be extended, as is now the case. The ministry is currently examining a demand from the FPÖ for a ban on child sex dolls.
Johannes Margreiter (NEOS) agreed with Yildirim that problems need to be addressed much earlier and beyond criminal law – in the sense of prevention, as Nikolaus Scherak (NEOS) explained. The child protection package is a first step in this direction and is welcomed by NEOS. The government’s proposal today reflects the injustice of the acts and thus resolves a contradiction in value, said Scherak. The tightening of the ban on activities is an important point, said Margreiter. However, he contradicted the FPÖ in that, in his view, criminals should still have the option of rehabilitation. When it comes to “sexting,” he still sees a need for legal action in the event that young people “just do nonsense” with each other.
Justice Minister Zadić explained that other approaches would also be chosen – for example for faster criminal prosecution on the Internet. It makes a huge difference in terms of deterrence if data can be evaluated quickly and charges can be brought more quickly. As far as “sexting” is concerned, there will be a decree to make it clear that in such cases young people should not be prosecuted.
Declaration of acceptance of the accessions of Tunisia and the Philippines to the Civil Child Abduction Convention
There was also unanimity in the Justice Committee for the declaration of the Republic of Austria on the acceptance of the accession of Tunisia and the Philippines to the “Hague Convention” on the civil aspects of international child abduction (2135 d.B.). The multinational agreement aims to facilitate cooperation in cases of international child abduction. By submitting the Austrian declaration of acceptance, the agreement will also be applicable between Austria and Tunisia and between Austria and the Philippines, as Justice Minister Zadić explained.
Expenditure on COVID-19 measures in the judiciary
The MPs also unanimously took note of the Ministry of Justice’s reports from November 2022 to August 2023 on resources for COVID-19 measures in the judiciary (November 2022 (III-831 d.B.), December 2022 (III-857 d.B.), January 2023 (III-885 d.B.), February 2023 (III-902 d.B.), March 2023 (III-931 d.B.), April 2023 (III-945 d.B.), May 2023 (III-960 d.B.), June 2023 (III-986 d.B.), July 2023 (III-999 d.B.), August 2023 (III-1020 d.B.)).
According to the reports, a total of €4.5 million was budgeted for the department in 2023 for measures related to COVID-19, as in the previous year. Of this, €1.8 million is earmarked for the enforcement of punishments and measures and €2.7 million for the courts and public prosecutor’s offices. As in previous years, the funds in the justice sector in 2023 will primarily concern the procurement of protective equipment and the implementation or purchase of tests, as Justice Minister Zadić explained. In 2023, no central procurements had taken place until the end of August. The payouts from January to August 2023 totaled €246,446.82. From January to December 2022, a total of €1,980,305.28 was paid out. In response to questions from Harald Stefan (FPÖ) and Corinna Scharzenberger (ÖVP), an expert from the ministry discussed that there was only a limited supply of protective materials in the event of a crisis. Of the budgeted amount, €4 million would probably remain in 2023. (Continuation of the Justice Committee) mbu
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