Die Geldstrafe fällt mit 2000 € nun milder aus (statt 7200 €), doch die Gesetzesnovelle gegen Impfgegner liefert demokratiepolitische Brisanz: Es droht künftig ein Jahr Beugehaft. Die Novelle passierte bereits den Parlamentsausschuss. Für die Impfkritiker soll es eigene Hafträume geben
exxpress.at
Translation (not mine):
The fine of €2000 is now less severe (instead of €7200), but the amendment to the law against vaccination opponents is explosive in terms of democratic politics: in the future, vaccination critics in Austria will face one year of imprisonment. The amendment has already passed the parliamentary committee. For the vaccination critics there are to be own detention rooms, the costs for the food supply are charged "to the obligated ones".
Quietly, and without wanting to cause much of a stir, the government has now finalized the current bill for the enforcement of the planned mandatory vaccination. Specifically, it is a corresponding amendment to the Administrative Enforcement Act.
The law text, which already passed the parliamentary committee intended for it and only with the dissenting votes of the FPÖ already by ÖVP, SPÖ, the Greens and NEOS was blessed, is available to the eXXpress.
According to this, anyone who refuses to be vaccinated against the Corona virus despite being asked to do so will have to pay a fine of 2000 euros. But it will not remain with a unique payment: Each violation will be punished again with 2000 euros - so as with violations of the speed limit. And: Who refuses to be vaccinated and also to pay the fines, is to be taken into bail.
And analogous to the fines, the duration can also add up here in the case of repetition: While initially a prison sentence of up to four weeks is possible, the government plans to extend the maximum duration to one year (!).
What is particularly explosive is that, unlike other prisoners, it is not the public purse that will pay for this, but the person concerned will have to cover his or her own costs during this time. So the offender must also pay for his food and cell.
Another interesting passage in the text of the law is that "detainees shall be held in detention rooms" that are separate from detainees "held under provisions other than this federal law." Thus, according to this amendment, apparently separate prison floors or prison buildings are to be created for vaccination opponents.
On December 2, the Constitutional Committee already gave the bill the green light - without the content having been publicly debated again beforehand.
The legislation is due to come into force in 2022 in just a few weeks' time. Changes would still be possible - but there was no criticism of it among the members of the governing parties, as excerpts from the minutes of the committee meeting show, which are available to eXXpress.
The amendment (1176 D.B.) sets a maximum total duration of preventive detention of one year. In addition, it provides for a legal remedy along the lines of the appeal against detention pending deportation, i.e. it extends legal protection. In principle, the enforcement of preventive detention is the exception in Austria, the statements emphasize. Usually, fines are sufficient as a means of deterrence.
In the committee meeting, Friedrich Ofenauer (ÖVP) stressed that preventive detention is to be understood as a last resort, which is used exclusively when fines cannot help the rule of law to prevail.
Agnes Sirkka Prammer, a member of parliament for the Greens, emphasized that a state is only as strong as its ability to enforce decisions. She pointed to a built-in legal protection mechanism by which the legality of detention is continuously reviewed.
Johannes Margreiter (NEOS) signaled his agreement and went on to say that this was not about classic violations of the law, but about individual cases, for example when a decision about an action to be taken was not followed.
Christian Drobits (SPÖ) particularly emphasized the limitation of detention to one year as positive.
The Freedom Party was more critical. Susanne Fürst (FPÖ) referred to the ongoing debate on compulsory vaccination, which makes the issue particularly explosive. According to her, it could not be ruled out that preventive detention could soon be used on a massive scale, especially for people who want to be vaccinated. This must be clearly ruled out.
There is already a political consensus on this, replied Constitutional Minister Caroline Edtstadler. She said that the intention was to encourage people to vaccinate, not to imprison them, and that this could also be laid down in the substantive law. However, the administrative law possibility of enforcing a desired behavior must be guaranteed so that the legal system retains its credibility, Edtstadler said.
The government bill was adopted by a majority, without the votes of the FPÖ.
It's official ladies and gentlemen
