EN
OPINION OF THE EUROPEAN CENTRAL BANK
of 24 August 2001
at the request of the Aust rian Ministry of Justice
on a draft law amending  Austrian criminal law
(Strafrechtsänderungsgesetz 2001)
(CON/2001/19)
1. On 30 July 2001 the European Central Bank (ECB) received a request from the Austrian
Ministry of Justice on a draft law amending Austrian criminal law
(Strafrechtsänderungsgesetz 2001 ) (hereinafter referred to as the draft law).
2. The ECBs competence to deliver an opinion is based on the second indent of Article 105(4) of
the Treaty establishing the European Community , the second indent of Article 4(a) of the
Statute of the European System  of Central Banks and of the European Central Bank and the
first indent of Article 2(1) of Council Deci sion 98/415/EC of 29 June 1998 on the consultation
of the ECB by national authorities regarding draft legislative provisions 1, as the legislative
proposal contains provisions concerning currency matters. The Governing Council of the ECB
has adopted this opinion in accordance with the first sentence of Article 17.5 of the Rules of
Procedure of the ECB.
3. The main purpose of the draft law is the conver sion of amounts and thresholds in schillings into
euro. At the same time, its intention is the adju stment of amounts and thresholds for inflation or
their increase on the grounds of criminal law policy. 
4. The substitution of schilling amounts with euro amounts is based on the following principles.
/g183 Thresholds, which, if exceeded, result in a higher punishment, will be adjusted in the light
of social considerations. In  particular, this concerns offences against property.
/g183 In respect of minimum and maximum amounts for penalties, it provides for an adjustment
for inflation and introduces rounded amounts, which can easily be remembered.
                                                          
1OJ L 189, 3.7.1998, p. 42.
2/g183 In the area of fees, the draft law proposes  for budgetary reasons a direct conversion
according to the conversion rules.
5. The ECB welcomes the draft law, which provid es for the replacement of schilling amounts with
euro amounts in the area of criminal law. Such adjustments are in the interests of legal clarity
and transparency of the national legal system.
6. The ECB notes that as regards certain signal amounts, smoothing in or der to obtain round and
convenient figures is considered necessary for reasons of transparency and practicability.
7. The ECB notes that the draft law provides for an adjustment for inflation for the purpose of
fines. In its opinion of 17  May 2001 on a draft Second Federal Law containing ancillary
measures for the introduction of the euro ( 2. Euro-Justiz-Begleitgesetz ), the ECB underlined the
importance of the principle of no impact on co sts in the context of the introduction of the
euro. In this respect, it is essential for the legisl ator to clearly state the reason for the increase of
administrative fees or pecuniary penalties, which, of course, is not related to the changeover to
the euro. The ECB notes that the explanator y memorandum of the draft law specifies the
grounds for the proposed increases, namely the rise  of the consumer price index since the last
adjustment in 1988 of 35,8 % and the intention to  avoid repeated adjustments within a short
period of time.
8. The ECB notes that the upward adjustment of th resholds in the field of offences against
property is due to criminal law policy. The EC B does not consider itself to be competent to
comment on issues of general criminal law policy.
9. The ECB suggests that for the purposes of direct  conversion (e.g. Article 52 of the Penal Code
(StVG)), the explanatory memorandum make refe rence to the conversion and rounding rules in
Articles 4 and 5 of Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions
relating to the introduction of the euro2.
10. The ECB confirms that it has no objections to th e publication of this opinion by the competent
national authorities.
Done at Frankfurt am Main on 24 August 2001.
The President of the ECB
[signed]
Willem F. DUISENBERG
                                                          
2OJ L 162, 19.6.1997, p. 1.