Posts tagged #Criminal Law
All PostsAustrian OGH: Fraud Money Recovery Possible Despite Forfeiture
Criminal LawThe Austrian Supreme Court of Justice (Oberster Gerichtshof, hereinafter OGH) has ruled that a claim based solely on the law of unjust enrichment can justify participation in criminal forfeiture proceedings under Section 444(2) of the Austrian Code ...
GER: Less Paper, More Flexibility for the Criminal Justice System
Criminal LawThe German justice system is becoming increasingly digital. Electronic communication is now to be made easier in the criminal justice system as well. Citizens will be able to file criminal complaints online or be part of proceedings via video confere...
Austria: Now Higher Reimbursements in Criminal Cases
Criminal LawAfter 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 governmen...
Austria Toughens Criminal Law on Corruption
Criminal LawIn order to effectively advance the fight against corruption, the Austrian National Council has tightened the criminal law on corruption. The Anti-Corruption Criminal Law Amendment Act 2023 (Korruptionsstrafrechtsänderungsgesetz 2023, hereinafter Kor...
GER: Driving Licence Revoked after DUI on E-scooter
Criminal LawRiding an e-scooter under the influence of alcohol creates a presumption of unsuitability for driving a motor vehicle. Driving licenses are not revoked only in certain exceptional cases. According to the German Higher Regional Court of Frankfurt am M...
Austrian Government Presents New Anti-Corruption Bill
Criminal LawAfter a long delay and making announcements only, the Austrian government has now submitted its bill for changes in criminal law pertaining to corruption. The focus of the bill is on corruption within the context of elections and running for office. ...
VfGH: Mandatory Pre-trial Detention Lifted Also for Serious Crimes
Criminal LawThe Austrian Constitutional Court (Verfassungsgerichtshof; VfGH) has overturned Section 173 (6) of the Austrian Code of Criminal Procedure (Strafprozessordnung; StPO) as unconstitutional. Even in the case of serious crimes, reasons for detention must...
OGH: Amendment of Terrorist Acts Bill
Criminal LawIn 2021, the European Commission criticised Austria's solution for implementing Directive (EU) 2017/541 (the Terrorism Directive) which deals with combatting terrorism. Consequently, new regulations for Section 287c of the Austrian Criminal Code (Str...
OGH: ‘Apparently Official Communication’ No Abuse of Office
Criminal LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that sending an ‘apparently official communication’ does not constitute abuse of office (Section 302 of the Austrian Criminal Code, Strafgesetzbuch). The defendants were, among others, ...
BVwG: No penalty for ex-ÖVP government member
Criminal LawIn the case at hand, the Austrian Federal Administrative Court (Bundesverwaltungsgericht, BVwG) ruled that the right of the former government member to refuse to testify was admissible, as he was able to prove the risk of criminal prosecution. In the...
DE: No revocation of a withdrawal of an appeal
Criminal LawA declaration of withdrawal of a filed appeal is irrevocable - according to the German Federal Supreme Court (Bundesgerichtshof, BGH). A person who has expressly declared that he or she wishes to withdraw the filed appeal cannot revoke this declarati...
OGH: Violation of fundamental rights in criminal proceedings
Criminal LawIn the course of an investigation by the Central Public Prosecutor's Office for the Prosecution of Economic Crimes and Corruption on suspicion of the crime of aggravated fraud, the business premises of one of the defendants - a limited liability comp...
OGH: Fraudulent bankruptcy also renders payment plan null and void
Criminal LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled for the first time on whether the provision of Sec. 158 of the Insolvency Code (Insolvenzordnung, IO), according to which the reorganization plan is null and void if the debtor is convicted...
4th COVID-19 Act: Accompanying measures in criminal procedural law
Criminal LawThe 4th COVID-19 Act (4.COVID-19-Gesetz) amended, inter alia, the Federal Act on accompanying measures for COVID-19 in the judiciary (Bundesgesetz betreffend Begleitmaßnahmen zu COVID-19 in der Justiz) and the Code of Criminal Procedure 1975 (Strafpr...
Draft Money Laundering Amendment 2020: Changes to the Criminal Code
Criminal LawA ministerial draft of the Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) to amend the Austrian Criminal Code (Strafgesetzbuch, StGB) is intended to implement Directive (EU) 2018/1673 on the criminal law combating of money laundering...
Efficient Legal Information 
Legal Jobs 
Innovative LegalTech Solutions