What role does the public prosecutor's office have in criminal law in Austria?

The public prosecutor's office directs the investigation and decides how the proceedings should continue on the basis of the investigation. It may in particular order discontinuance, diversion or an indictment.

May an accused person remain silent in criminal proceedings in Austria?

Yes. An accused person is not required to incriminate themselves and may remain silent about the allegations. They may obtain the assistance of a defense lawyer before making a statement.

What does diversion mean in criminal law in Austria?

Diversion is a possible way of ending criminal proceedings without a conventional criminal conviction. It is available only under certain conditions and may be linked to conditions or measures.

Can a victim claim compensation in criminal proceedings in Austria?

Under certain conditions, a victim may participate in the criminal proceedings with civil-law claims. Whether and to what extent those claims can be decided depends on the proceedings and the available basis.

Criminal Law in Austria

Criminal law in Austria determines which conduct is punishable and which state responses are possible. Criminal proceedings establish whether an offence was committed and who was responsible. They include protective rights that also apply to suspected or accused persons.

Tip

Remain calm when faced with a criminal allegation and ask in what role you are being questioned. Do not speculate or sign anything you do not understand. As an accused or injured person, secure potential evidence early and seek professional support for serious allegations.

byAnna&Lukas

Austrian criminal law distinguishes between rules on criminal offences and penalties and rules on criminal procedure. Core offences are set out in the Criminal Code; additional special criminal provisions also apply. Only conduct covered by law and attributable to the person concerned is punishable. Depending on the offence, intent, negligence, grounds of justification and personal responsibility may be decisive. Criminal proceedings may begin with a report, police observations or other information. The criminal police generally investigate under the direction of the public prosecutor's office, which decides how the proceedings should continue. An accused person is not considered guilty merely because of a suspicion. They may remain silent, appoint a defense lawyer and must be informed about the essential allegations and their rights. Victims may have their own rights in the proceedings. Depending on the situation, these include information, protection, support and the possibility of asserting certain claims arising from the offence. Not every investigation leads to a main hearing. Possible outcomes include discontinuance, a diversion (Diversion) resolution or an indictment before the competent criminal court. In certain circumstances, diversion can end criminal proceedings without a conventional conviction. It may be linked to conditions or measures and requires an appropriate legal and factual situation. At a main hearing, the court assesses the evidence and guilt. Legal remedies allow certain decisions to be reviewed, but they do not replace timely defense and careful documentation.