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Austrian Penal (Criminal) Code (Act), Article 64 para 1 item 4a (Punishment of treatments abroad without taking into consideration the laws of the place)

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Resource
Šalis: Austria
Section:
Female Genital Mutilation
Temos:
Health, Violence
Types of GBV:
Female Genital Mutilation
The information was last updated in 2013 and may not accurately represent the present situation. It makes a reference to the United Kingdom as a member of the European Union and was published before the UK's withdrawal from the European Union on the 31 January 2020. 

Criminal Law

Applicability of the principle of extraterritoriality

Yes, without regard to the laws of the place

Types of FGM addressed

The Austrian criminal law is valid for the act "Genital mutilation", as defined in § 90 paragraph 3

when

a) the perpetrator or the victim is an Austrian or has his habitual residence within the country

b) has been violated by the act or violates any other Austrian interest or

c) at time of the offence the perpetrator was a foreigner, resided in Austria and can not be extradited;

Number of court cases

Availability of information collecting system or reports

Source: Statistics Austria 2010, and BMI: Sentencing Statistics 2010 (http://www.gewaltinfo.at/fachwissen/ausmass/statistik_opfer.php and http://www.ris.bka.gv.at/defaultEn.aspx)

Source

Federal Ministry of Justice; Jusline Österreich, http://www.jusline.at/64_Strafbare_Handlungen_im_Ausland_die_ohne_Rücksicht_auf_die_Gesetze_des_Tatorts_bestraft_werden_StGB.html

Additional information

Date of entering into force

2012

Metadata

Type:
Policy / Legislation
Language:
German
Types of GBV:
Female Genital Mutilation
Keywords:
female genital mutilation
gender-based violence
legislation
criminal law