Criminal Law & Criminal Procedure

You should contact a criminal defense attorney as early as possible – ideally as soon as you are contacted by police or prosecution or receive a summons. Many crucial decisions are made during the investigation phase. Early legal advice can help avoid mistakes, protect your rights, and develop an effective defense strategy. Preventive consultation with a criminal defense attorney is recommended in any case to clarify potential risks (e.g., workplace misconduct).

As an accused person in criminal proceedings in Austria, you have the right to remain silent. You are not obligated to incriminate yourself.

Before making any statement to police or prosecution, it is advisable to first contact a criminal defense attorney. Legal advice enables you to assess the situation legally and decide together whether and to what extent a statement makes sense.

Criminal proceedings in Austria are generally divided into several phases:

• Investigation proceedings by police and prosecution
• Decision on indictment or dismissal of proceedings
• Main trial before court
• Court verdict
• Appeal proceedings (e.g., appeal or complaint)

A criminal defense attorney accompanies you throughout the entire proceedings and ensures that your rights are protected in all phases of the process.

The investigation proceedings are the first phase of criminal proceedings. Police and prosecution examine whether a criminal offense has occurred and whether there is sufficient evidence for an indictment.

Typical measures in investigation proceedings may include:

• Interrogation of accused persons and witnesses
• House searches
• Seizures or confiscations
• Evaluation of data or documents
• Obtaining expert opinions

At the end of the investigation proceedings, the case can either be dismissed or an indictment may be filed in court.

Yes. Criminal proceedings can be dismissed during the investigation phase if, for example:

• there is insufficient suspicion
• no criminal offense exists
• the evidence is insufficient
• diversion measures are applied

An early defense strategy can significantly contribute to achieving dismissal of criminal proceedings.

Diversion is a way to end criminal proceedings without a criminal conviction. It is particularly applicable to less serious offenses when certain conditions are met.

Possible diversion measures include, for example:

• Payment of a monetary amount
• Community service
• Probation with certain conditions
• Victim-offender mediation

Upon successful diversion, the proceedings are considered concluded and no criminal conviction is entered (= no criminal record).

Victims of a crime in Austrian criminal proceedings have the opportunity to join as private parties. This allows civil claims to be asserted directly and without cost risk in criminal proceedings, such as:

• Damages
• Compensation for pain and suffering
• Reimbursement of medical costs
• Reimbursement of property damage

Legal representation helps to properly register and enforce these claims in criminal proceedings.

Possible penalties depend on the respective offense and the circumstances of the individual case. Austrian criminal law includes, among others:

• Fines
• Suspended prison sentences
• Unsuspended prison sentences
• Diversion measures
• Additional measures such as probation supervision

In addition, there may be far-reaching further consequences, such as revocation of business license or driver's license, loss of office, exclusion from public tenders, etc. The specific consequences always depend on the individual circumstances and evidence.

If you receive a summons from police or prosecution, you should not make any hasty statements before seeking legal advice.

Recommendations:

• Stay calm
• Carefully review the summons
• Contact a criminal defense attorney
• Decide on a statement only after legal advice

A well-prepared defense often begins before the first interrogation.

A criminal defense attorney can be important in many situations related to criminal proceedings, particularly with:

• Summons for police interrogation
• House searches and seizures
• Prosecution investigations
• Indictments before criminal courts
• Ongoing court proceedings
• Appeals against court decisions
• Preventive measures to avoid criminal offenses (compliance)

Victims of crimes can also utilize legal support to enforce their rights and claims in criminal proceedings.

The costs of criminal defense depend on the scope and complexity of the respective criminal proceedings. Factors that can influence the effort include:

• Scope of investigations
• Number of interrogations or trial days
• Complexity of evidence
• Necessary appeal proceedings
• Scope of file review and preparation

In many cases, the fee is individually agreed upon, either as a flat fee or based on time spent. In an initial consultation, the current situation is analyzed and the further course of action including costs is discussed transparently.

If you are facing criminal charges or have received a summons, prompt legal advice is recommended. Early legal support enables a well-founded assessment of the situation and the development of an appropriate defense strategy. Appointments can usually be arranged at short notice, especially for urgent criminal matters.

Property offenses are crimes in which another person's property is damaged. These offenses play a major role in both private and commercial contexts and are often associated with extensive investigations.

Typical property offenses include, among others:

• Theft
• Fraud
• Breach of trust
• Embezzlement
• Money laundering
• Criminal damage
• Fraudulent data misuse

Especially in commercial matters, a careful analysis of the evidence and financial transactions is crucial for effective defense.

The accusation of fraud (§ 146 StGB) is one of the most relevant property offenses in Austrian criminal law. Fraud occurs when someone induces another to act through deception and thereby causes property damage. The penalty depends particularly on the amount of damage and circumstances of the individual case. In cases of higher damage amounts or commercial commission, significantly higher penalties may apply.

A thorough legal review is particularly important in such proceedings, as complex commercial matters often underlie them.

The accusation of bodily harm is among the most common offenses in the area of violent crimes. This can involve various offenses, such as negligent or intentional bodily harm, grievous bodily harm, or bodily harm with permanent consequences.

Criminal consequences depend, among other things, on:

• Severity of the injury
• Course of events
• Possible prior convictions
• Specific evidence

In many cases, witness statements, medical opinions, and the exact course of events play a central role in proceedings.

Proceedings involving sexual offenses are among the most sensitive areas of criminal law. Often, statements from various parties are central to the evidence.

Such proceedings require particularly careful analysis of evidence, such as:

• Statements from parties involved and witnesses
• Psychological or medical opinions (e.g., DNA traces)
• Digital communication or other evidence

Professional legal representation is particularly important in these proceedings for both accused persons and victims.

Austrian juvenile criminal law applies to juveniles and young adults and follows a different approach than adult criminal law. Education, prevention, and rehabilitation take center stage.

Typical features of juvenile criminal law include:

• Special procedural rules
• Lower maximum penalties
• Increased use of diversion
• Special measures to promote social development

The goal of juvenile criminal law is to avoid long-term negative consequences for young people's futures as much as possible.

Drug criminal law covers criminal acts related to prohibited substances. A distinction is made between different forms, such as possession, acquisition, distribution, or trafficking of drugs. Legal consequences depend heavily on the individual circumstances, particularly:

• Type and quantity of substances
• Purpose of possession
• Possible distribution or trafficking
• Personal situation of the accused

In certain cases, diversion or health-related measures may also be considered.

Not every case of drug possession automatically leads to criminal conviction. Austrian drug law provides for measures in certain situations that are more oriented toward treatment or prevention. Depending on the circumstances, the following measures may be possible:

• Health-related measures
• Diversion
• Dismissal of proceedings under certain conditions

Which solution is applicable in individual cases depends on various legal and personal factors.

Yes. Even if the situation initially seems incriminating or investigations are already underway, there are often various legal defense options.

A careful analysis of the files, evidence, and legal situation is crucial. In many cases, starting points for a successful defense strategy only emerge through thorough review. Early legal advice can help achieve the best possible outcome of the proceedings.