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.
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.
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