Articles & analysis.
Topics from criminal defence, set out clearly for clients.
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for criminal defence
Criminal proceedings are a matter of trust. One lawyer who walks with you from the first consultation through to the trial, everything from one hand.
Serious bodily harm under section 84 StGB: consequences, experts and section 83
Serious bodily harm under section 84 StGB in Austria: 24 days, inherently serious injury, expert evidence, long-term consequences and defence.
Credit card fraud and cashless payment instruments under Austrian criminal law
Credit card fraud, debit cards and cashless payment instruments under section 241e StGB: fraud, theft and handling goods.
Abandoning an injured person and failure to assist under Austrian criminal law
Abandoning an injured person and failure to assist under sections 94 and 95 StGB: assistance, reasonableness, evidence and statements.
Insulting a police officer in Austria: official acts and criminal-law classification
Insulting police in Austria: insult, defamation, public-order issues and delimitation from resisting state authority under section 269 StGB.
Robbery under section 142 StGB: force, threats and the line to theft or extortion
Robbery under section 142 StGB: force, threats, line to theft, coercion and extortion, evidence and first defence steps.
Negligent homicide after an accident in Austria: what sections 80 and 81 StGB mean
Negligent homicide after an accident in Austria: sections 80 and 81 StGB, expert evidence, duty of care and first defence steps.
Police identification measures in Austria: fingerprints, photos, DNA and deletion after criminal proceedings
Police identification measures in Austria: fingerprints, photos, DNA, cooperation, legal remedies, access and deletion after proceedings.
Burglary theft under section 129 StGB: homes, businesses and hotel rooms in Austria
Burglary theft under section 129 StGB: difference from theft, breaking in, entering, keys, evidence and defence steps.
Arson under section 169 StGB: fire, property damage and danger to people
Arson under section 169 StGB: setting fire, property damage, danger to people, expert evidence, intent or negligence and defence.
Corruption in public office: bribery, acceptance of benefits and gifts under Austrian law
Corruption in public office in Austria: how sections 304 to 309 StGB distinguish bribery, acceptance of benefits, gifts and first defence steps.
Criminal liability in associations: chairperson, treasurer, coach and organisers
Criminal law risks in Austrian associations: cash, grants, supervision, events and documentation for chairpersons, treasurers, coaches and organisers.
International legal assistance in criminal proceedings: evidence, service and questioning from abroad
International legal assistance in Austrian criminal proceedings: evidence, service, questioning and file access where another state is involved.
Sentencing in Austria: mitigating factors, aggravating factors and restitution
Sentencing in Austria: how mitigating factors, aggravating factors, confession, restitution and preparation affect the concrete sentence.
Stalking and persistent pursuit under section 107a StGB: contact, evidence and defence
Stalking and persistent pursuit under section 107a StGB: risky contact, relevant evidence and defence steps in Austrian criminal proceedings.
Evidence motions in Austrian criminal proceedings
Evidence motions in Austrian criminal proceedings: witnesses, documents, technical data and expert evidence used with precision.
Expert opinions in Austrian criminal proceedings
Expert opinions in Austrian criminal proceedings: findings, methodology, supplementary questions and plausibility checks.
File access under section 51 StPO: what accused persons may inspect
File access under section 51 StPO: rights of accused persons, possible restrictions, copies and why the criminal file matters before a statement.
Interpreter and translation rights in Austrian criminal proceedings
Interpreter and translation rights in Austrian criminal proceedings: understanding summonses, interviews, key documents and hearings.
Restoration after a missed deadline in criminal proceedings
Restoration after a missed criminal deadline in Austria: when a missed deadline can still be examined and what evidence matters.
Abuse of office under section 302 StGB: authority, intent and defence
Section 302 StGB requires knowing abuse of authority with intent to harm rights. What officeholders need to know.
Day fines under section 19 StGB in Austria: amount, payment and substitute imprisonment
Day fines under section 19 StGB: number of day fines, daily amount, substitute imprisonment and payment relief under section 409a StPO.
Negligent bodily harm under section 88 StGB: accident, duty of care and diversion
Section 88 StGB concerns injuries caused by negligence. What matters for accident, evidence and restitution.
Objection to the indictment under section 212 StPO: 14 days to set the course
The indictment can be challenged within 14 days under section 213 StPO. When section 212 StPO matters.
Property damage under section 125 StGB: damage, penalty range and restitution
Property damage ranges from damaged cars to graffiti. What section 125 StGB requires and when section 126 StGB applies.
Austrian Criminal Law Amendment 2026: human trafficking, organ trafficking and jurisdiction
Draft Austrian Criminal Law Amendment 2026: human trafficking, organ trafficking, broader Austrian jurisdiction and international-law updates.
Incitement and aiding under section 12 StGB: participation in an offence without executing it
Incitement and aiding under section 12 StGB in Austrian criminal law: unitary perpetrator system, instigator, accessory.
Objection for unlawful exercise under section 106 StPO: legal protection against prosecution and police measures
Section 106 StPO protects subjective rights in investigations. Time limit, scope and distinction from the complaint.
Withdrawal from attempt under section 16 StGB: lifting of punishment by timely turning away
Withdrawal from the attempt under section 16 StGB as a personal ground for the lifting of punishment: voluntary giving up, prevention of the result.
Witness in criminal proceedings: duty to testify, refusal and caution
Rights and duties of the witness in Austrian criminal proceedings: general duty of witnesses, refusal of testimony under sections 156 and 157 StPO.
Active repentance under section 167 StGB: restitution as a ground for setting aside punishability in property offences
Active repentance under section 167 StGB at a glance: requirements of full and voluntary restitution before knowledge of prosecution acts and distinction from.
Complaint against court orders under section 87 StPO: legal remedy in the investigation
The complaint against court orders under section 87 StPO in Austria: time limit, procedure, typical applications and distinction from the objection for unlawful.
Corporate criminal liability under the VbVG: when the company itself is held criminally responsible
Corporate criminal liability under the VbVG at a glance: covered entities, attribution through decision makers and inadequate supervision, corporate fine in daily rates.
Discontinuation of proceedings by the prosecutor under section 190 StPO: grounds and consequences
Discontinuation of the investigation under section 190 StPO in Austria: grounds, effect, suggestion by the defence and continuation request of the injured party under.
Money laundering under section 165 StGB: concealing, converting and transferring criminally obtained assets
Money laundering under section 165 StGB at a glance: acts covered, catalogue of predicate offences, conditional intent.
Appeal against the criminal judgment in Austria: district court, lay judges court, conditions
Appeal against criminal judgments of the district court and the lay judges court in Austria: grounds of appeal, deadlines, registration within three days.
Forfeiture and confiscation in Austria: sections 19a and 20 StGB
Forfeiture under section 20 StGB and confiscation of instruments under section 19a StGB in Austria: conditions, extended forfeiture.
Fraudulent bankruptcy under section 156 StGB: diminution of assets to the detriment of creditors
Fraudulent bankruptcy under section 156 StGB: elements, typical examples such as concealment and fictitious liabilities.
Grossly negligent impairment of creditor interests under section 159 StGB: elements and defence
Grossly negligent impairment of creditor interests under section 159 StGB: elements, typical conduct patterns.
Handling stolen goods under section 164 StGB: concealing, negotiating, taking possession
Handling stolen goods under section 164 StGB: three variants (concealing, taking possession of, negotiating or assisting in disposal), the predicate property offence.
The main trial in criminal proceedings: procedure, court composition and rights for the accused
The main trial under sections 238 ff StPO: procedure, composition of the court and your rights as the accused. From the reading of the charge to the verdict and the appeals.
Private party in criminal proceedings from the defendant's perspective: adhesion, effect and defence
Joinder as a private party in Austrian criminal proceedings from the defendant perspective: adhesion procedure, amount of damages and making good the damage as mitigation.
Seizure and confiscation in Austrian criminal proceedings: section 110 StPO, conditions and return
Seizure under section 110 StPO and judicial confiscation under section 115 StPO in Austria: conditions, objection on grounds of breach of rights.
Misuse of a subsidy under section 153b StGB: use for a different purpose, distinction from fraud and penalty range
Misuse of a subsidy under section 153b StGB: use for a different purpose, the distinction from subsidy fraud under section 146 StGB and the graduated penalty range.
Tax evasion and voluntary disclosure: tax evasion and the way back under the FinStrG
Tax evasion under section 33 FinStrG and the exculpatory voluntary disclosure under section 29 FinStrG: conditions, tax surcharge and the threshold to court jurisdiction.
Aiding after the offence under Section 299 StGB: help after the act and its limits
Aiding after the offence under Section 299 StGB in Austria: helping another evade prosecution or enforcement, relatives and distinction from participation.
Falsification of evidence under Section 293 StGB: false evidence in proceedings
Falsification of evidence under Section 293 StGB in Austria: false or altered evidence, use in proceedings and distinction from document forgery.
Pretending a criminal offence under Section 298 StGB: false report and invented offence
Pretending a criminal offence under Section 298 StGB in Austria: invented offence, false report to authorities and distinction from false accusation.
Reopening criminal proceedings under Section 353 StPO: a new trial despite a final judgment
Reopening under Section 353 StPO: new facts, false evidence, reopening to the detriment and renewal under Section 363a StPO. When a final case is reopened.
Suppression of evidence under Section 295 StGB: deleting, hiding, withholding
Suppression of evidence under Section 295 StGB in Austria: destroying, damaging, hiding or withholding evidence intended for proceedings.
Affray under Section 91 StGB: participation in a fight and criminal consequences
Affray under Section 91 StGB in Austria: active participation in a fight or group attack, injury consequences and first defence steps.
Endangering physical safety under Section 89 StGB: risk without injury
Endangering physical safety under Section 89 StGB in Austria: danger to life, health or physical safety even where no injury occurred.
Extortion under Section 144 StGB: threat, financial damage and coercion
Extortion under Section 144 StGB in Austria: dangerous threat, financial damage, intent to enrich, aggravated extortion and distinction from coercion.
Misappropriation under Section 134 StGB: found, mistakenly received or kept
Misappropriation under Section 134 StGB in Austria: keeping found or mistakenly received property, value thresholds and first defence steps.
Plea of nullity to the Supreme Court: grounds and deadlines (Section 281 StPO)
Plea of nullity to the Supreme Court under Section 281 StPO: the grounds of nullity, registration within three days and elaboration within four weeks.
2026 criminal law draft and ongoing cases: timing, entry into force and non-retroactivity
The 2026 Austrian draft in ongoing cases: timing, entry into force, section 1 and non-retroactivity.
Embezzlement under Section 133 StGB: entrusted property, return and restitution
Embezzlement under Section 133 StGB in Austria: entrusted property, penalty ranges, restitution, active repentance and distinction from theft or breach of trust.
Offences on board aircraft: new Austrian jurisdiction in the 2026 draft
Offences on board aircraft: draft section 64, landing place, operator link and defence in Austria.
Suspended sentence and conditional release (Sections 43, 43a, 46 StGB)
Suspended sentence under Section 43 StGB, partial suspension under Section 43a and conditional release under Section 46 StGB: requirements, probation period and revocation.
Theft under Section 127 StGB: taking, intent and first defence steps
Theft under Section 127 StGB in Austria: taking another movable thing, intent to appropriate, penalty range, distinctions and first steps.
Forgery of documents: production, alteration and use (Section 223 StGB)
Forgery of documents under Section 223 StGB: producing a false document, altering a genuine one and use in legal transactions, the concept of a document and Section 224 StGB.
Consent, objection and organ removal under the 2026 Austrian criminal law draft
Organ removal in the 2026 draft: consent, objection, sections 90 and 190 and criminal-law review.
Organ trafficking with a foreign element: when Austria may have jurisdiction
Organ trafficking with a foreign element: section 64, Austrian link, place of conduct, parties and defence.
Organ trafficking under draft section 110b: financial advantage, expenses and defence
Draft section 110b on organ trafficking: financial advantage, expense reimbursement, brokering and defence in Austria.
Draft section 110c: trafficking in or using unlawfully removed organs
Draft section 110c: trafficking, use and evidentiary issues involving unlawfully removed organs in Austria.
False testimony: duty to tell the truth, penalty and statement necessity (Section 288 StGB)
False testimony under Section 288 StGB: duty of witnesses and experts to tell the truth, the increased penalty under oath and statement necessity under Section 290 StGB.
Self-defence and necessity: when a defence remains unpunished (Sections 3, 10 StGB)
Self-defence under Section 3 StGB and excusing necessity under Section 10 StGB: requirements, the excess of self-defence out of fear and fright and putative self-defence.
Resisting state authority under § 269 StGB
Resisting state authority under § 269 StGB: obstructing an official act by force or threat, lawfulness as a precondition and the distinction from the physical attack under § 270.
Coercion under § 105 StGB: when pressure becomes punishable
Coercion under § 105 StGB: the means of force and dangerous threat, the lawfulness clause of para 2, aggravated coercion under § 106 and the distinction from a mere threat.
Dangerous threat under Section 107 StGB: when a threat becomes a criminal offence
Dangerous threat under Section 107 StGB: the definition under Section 74(1)(5) StGB, the capacity to give well-founded concern and the distinction from coercion (Section 105 StGB).
False accusation under Section 297 StGB: when a false report becomes a criminal offence
False accusation under Section 297 StGB: knowingly accusing another of an ex-officio offence, knowledge as the core requirement and the distinction from Section 298 StGB.
Defamation and insult: honour offences and the private prosecution
Honour offences in Austria: defamation under Section 111 StGB, insult under Section 115 StGB, proof of truth under Section 111(3) StGB and prosecution by private prosecution.
What do criminal proceedings cost? Defence fees, lump-sum costs and cost reimbursement
Costs in criminal proceedings: defence fees under RATG and AHK, cost liability under Section 389 StPO, the lump-sum contribution under Section 381 StPO and costs on acquittal.
Legal aid in criminal proceedings: the entitlement to assigned defence counsel
Legal aid in criminal proceedings: mandatory defence under Section 61(1) StPO, the conditions under Section 61(2) StPO and the assignment of counsel under Section 62 StPO.
European Arrest Warrant and extradition: what those with a connection to Austria need to know
European Arrest Warrant and Austria: surrender under the EU-JZG, list offences and dual criminality, obstacles to surrender and extradition to third states under the ARHG.
Statute of limitations in criminal law: when an offence can no longer be prosecuted
When does an offence become time-barred in Austria? Prosecution limitation by sentencing range (Section 57 StGB) and the period and its suspension (Section 58 StGB).
Complaint against an autonomous police arrest in Austria
Arrested without a prosecution order? Measures complaint to the Regional Administrative Court: distinction, deadline, content and cost reimbursement under Section 35 VwGVG.
Criminal record, expungement and limited disclosure: when a conviction disappears
Criminal record, expungement and limited disclosure: when the period begins, how long it lasts, how limited disclosure works and what a record certificate shows.
Victim rights and private participation in criminal proceedings: what victims in Austria need to know
Victim rights and private participation: who counts as a victim, which rights apply, what process support means and how private participation works in the proceedings.
Breach of trust under § 153 StGB: what directors and managers need to know
Breach of trust under § 153 StGB: abuse of authority and pecuniary loss, the thresholds of 5,000 and 300,000 euros, corporate liability and active repentance for directors.
Cybercrime in Austria: hacking, data offences and computer fraud
Cybercrime in Austria: the central computer offences from hacking (§ 118a) through data damage (§ 126a) to computer fraud (§ 148a), their penalties and steps for those affected.
Bodily harm under § 83 StGB: an ex officio offence, the penalty and the complaint
Bodily harm under § 83 StGB is prosecuted ex officio: minor and serious bodily harm, negligent harm under § 88, the penalties and rights of accused and injured parties.
Fraud under § 146 StGB: complaint, penalty and the first steps
Fraud under § 146 StGB: elements, value thresholds of 5,000 and 300,000 euros, aggravated and commercial fraud, active repentance and first steps for accused and injured parties.
Pre-trial detention in Austria: grounds, less severe measures and release
Pre-trial detention for adults under §§ 173 ff StPO: the three grounds for detention, less severe measures and bail, detention deadlines, maximum duration and the path to release.
Summons to an interview: make a statement or stay silent? Your rights as the accused
Summoned for an interview as the accused in Austria? Do I have to appear and testify, may the lawyer be present and what happens to my statement? Your rights under the StPO.
Diversion in Austria: how criminal proceedings can end without a conviction
Diversion under Sections 198 ff StPO: fine, community service, probation and mediation. When criminal proceedings end without a conviction and without a criminal-record entry.
Austrian penal order at your German address: what to do?
A penal order from Austria at your German address? Anonymous order, penal order, objection deadlines and enforcement in Germany at a glance.
Drug-driving in Austria: what German drivers face
Drug-driving in Austria? No fixed limits but impairment: the procedure, penalties, the driving ban and consequences for your German licence.
Drink-driving in Austria: what German drivers face
Drink-driving in Austria? Alcohol limits, penalties by band, the ban on driving and consequences for your German licence at a glance.
Arrested on holiday in Salzburg: first steps for German suspects
Arrested on holiday in Austria? Rights on arrest and questioning, pre-trial detention, lenient measures and help for relatives at a glance.
What to do after a criminal complaint in Austria: a procedural overview for German suspects
Received a complaint from Austria? How the proceedings work, the rights of the accused, file access and diversion: what German nationals need to know now.
What to do after a criminal complaint in Austria: the general procedural overview
A complaint, summons or house search in Austria? How the proceedings work, your rights, the first 72 hours and diversion: the general overview.
Allegations against Teachers: Sexual Integrity and § 212 StGB, What the Defence Now Counts
An allegation under § 212 StGB against a teacher? The offence, distinction from §§ 206, 207, 207b StGB, contradictory questioning, and suspension. From a defence perspective.
Duty of Supervision of Teachers: When Does a School Accident Become a Criminal Proceeding?
School accident with personal injury? Duties under § 51 SchUG and criminal-law risks under §§ 80, 81, 88 StGB in school sports, swimming and school week away, concisely explained.
When the Allegation Is There: The First 48 Hours for Accused Teachers
Allegation against a teacher? What counts in the first 48 hours: criminal proceedings, civil-service and disciplinary law, school life in sync. Avoiding typical mistakes.
Reporting Duty and Right to Report at School: How Teachers Should Proceed when a Crime is Suspected
Suspected crime in everyday school life? § 78 StPO, § 80 StPO, § 53 BDG, § 37 B-KJHG, the chain of duties and the correct workflow for teachers. From a defence perspective.
Criminal liability in mountain sports: what counts legally after a mountain accident
Mountain accident with personal injury? Four roles, four duties of care, the § 88 para 2 StGB privilege and diversion: what counts in early defence.
Juvenile Arrest, Detention, and Pre-Trial Custody: What Parents Need to Know
JGG special rules on juvenile arrest and pre-trial detention. When pre-trial detention is categorically impermissible, how stand-by defence counsel works. A guide for parents.
Vandalism and Theft by Juveniles: What Parents Need to Know in Austria
Charged with damage to property, theft or burglary against a juvenile? §§ 125, 127, 129 StGB, when § 4 Abs 2 Z 2 JGG leads to non-punishability. From a defence perspective.
Hate Speech Online and Juveniles: What Section 283 StGB Has Criminalised since the HiNBG
A complaint under Section 283 StGB? Hate speech online and juveniles, thresholds, HiNBG mechanics, diversion without an upper sentencing limit. Defence perspective.
Cyberbullying and Explicit Images among Juveniles: What Parents and Juveniles Need to Know
A complaint under Section 107c or 207a StGB? Cyberbullying and sexting among juveniles, when the sexting privilege of Section 207a paras. 5/6 applies. From a defence perspective.
The Pre-Trial Detention Conference for Juveniles: What the Defense Prepares
When an application for a pre-trial detention conference under section 35a JGG is worthwhile and how the outcome is used in court. From the defense perspective.
House Search in Austria: Rights, Procedure, and Defence
House search in Austria, what the defence recommends: rights of the accused, procedure, seizure, objection under Section 112 StPO, and appeals.
Juvenile Criminal Law in Austria: What Parents and Juveniles Need to Know
Your child is the accused? Overview of the Austrian Juvenile Justice Act from a defence perspective: age groups, responses of the justice system, the proceeding, and parents.
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