Austria: Now Higher Reimbursements in Criminal Cases

Jun 7, 2024 Benn-Ibler Rechtsanwälte

After years of urgent demands, the lump sums in the event of a not-guilty verdict have been significantly increased and, in some cases, can be exceeded. Compensation will also be introduced in the event of a case being dropped. The Austrian government bill draft has recently been published.

Contribution to defence costs in preliminary proceedings (new Section 196a StPO)

If a preliminary investigation is discontinued pursuant to Sections 108 or 190 of the Austrian Code of Criminal Procedure (Strafprozessordnung, hereinafter StPO), the accused shall be entitled to a contribution to cash expenses and a contribution to the costs of the defence counsel. The amount of the contribution shall be determined with due regard to the scope of the investigation, the complexity of the factual and legal issues to be resolved, and the extent to which defence counsel is necessary or appropriate, and shall not exceed EUR 6,000. In the case of exceptionally complex and extensive investigations, as well as if the maximum duration of the investigation is exceeded (Section 108a (1) of the StPO), up to EUR 9,000 and in the case of extremely extensive proceedings up to EUR 12,000 shall be payable.

In certain cases, compensation is excluded (e.g. if proceedings were halted because an individual was found to lack criminal responsibility, or if the suspected person deliberately provoked the suspicion).

Contribution to defence costs in case of acquittal (Section 393a new)

The current system for reimbursing costs incurred in appealing is to be retained. The lump sum limits, varying according to the type of procedure, will nevertheless be adapted. They are set out as follows:

·       EUR 30,000 for proceedings before lay assessors and a jury (previously EUR 10,000 for proceedings before a jury and EUR 5,000 for proceedings before lay assessors).

·       EUR 13,000 (previously EUR 3,000) for proceedings before a single judge of the district court

·       EUR 5,000 (previously EUR 1,000) for proceedings before the district court

These limits may also be halved in the case of lengthy main proceedings and doubled in the case of extremely extensive proceedings.

The amendments will enter into force on 1 July 2024 and will apply to proceedings in which the final decision has become final on or after 1 January 2024.

Austrian Government Bill BlgNR 2557 XXVII. GP (22 May 2024)