Timing is the starting point for non-retroactivity.
A later criminal law must generally not be applied retroactively to the detriment of an accused person. The time of conduct must therefore be matched precisely with the law then in force.
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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.
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28 June 2026 · Mag. Christopher Angerer, Rechtsanwalt
A ministerial draft does not automatically change an ongoing criminal case. Timing, current law, later entry into force and the principle of non-retroactivity remain decisive.
This article focuses only on this part of the 2026 criminal law draft. The general overview remains the starting point and is linked below.
Quick assessment
2026 criminal law draft and ongoing cases: timing, entry into force and non-retroactivity
This first assessment is not legal advice. It shows which issues should be separated before a statement or file review.
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Which timing issue matters for your case?
The options separate time of conduct, entry into force, more lenient law and file status.
All paths at a glance
Overview of all answers.
Match timing and law →
Keep draft and current law separate.
A ministerial draft is not current criminal law. Statements and authority correspondence should make clear whether they discuss current law, planned changes or possible future effects.
Prepare a concrete leniency comparison.
In criminal law, a later more lenient rule can become relevant. That requires a concrete comparison of old and new law, penalty range and transitional issues.
File status determines the next step.
In ongoing cases, non-retroactivity should not be answered in isolation. Timing, allegation, evidence and procedural stage matter together.
What the draft makes relevant for review
What the draft makes relevant for review
The draft has not been enacted. It can still matter in existing files because it shows which offences and jurisdictional issues may be regulated more precisely.
For legal assessment, the headline of the draft is not decisive. The concrete facts matter: who did what, when did it happen, what role did the person have and what Austrian link is alleged?
Review
Review points in proceedings
The first analysis should keep the legal layers separate.
| Layer | Überblick question | Next step |
|---|---|---|
| Timing | Which law applied at the relevant time? | Secure chronology and file status |
| Contribution | What concrete conduct is alleged? | Assess role and communication |
| Jurisdiction | Why should Austrian authorities be competent? | Check place of conduct and Austrian link |
Which documents now matter
Which documents now matter
File notes, messages, contracts, travel data, medical or organisational documents and an exact timeline may be important. Without chronology, draft law, current law and the actual allegation become blurred.
Before making a statement, affected persons should check whether the allegation is covered by current law at all and whether the draft is mentioned only as background.
Process
From allegation to reliable assessment
The right sequence avoids premature legal conclusions.
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Read the allegation
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Clarify timing
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Organise records
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Plan response
Distinction from the existing overview
Distinction from the existing overview
The existing article on the 2026 criminal law draft explains the reform as a whole. This article deals only with the specific issue named here and deliberately avoids a second general overview.
Even with current reform topics, there is no criminal liability without a legal basis. Until promulgation, current law remains the starting point for every defence analysis.
Practical point: In reform-related cases, every statement should clearly distinguish current law from proposed law. That distinction is often more important than the political headline.
FAQ
What affected persons should know about the draft
Is the 2026 draft already in force? +
No. It is a draft. Until entry into force, current law remains decisive.
Why can a draft still matter? +
It may show which questions authorities, companies or participants will examine more closely. In ongoing cases, it does not replace current law.
What should be checked before making a statement? +
Timing, concrete contribution, jurisdiction, evidence and the question whether current law covers the allegation should be reviewed.
Related topics
You may also find this useful
Overview of the 2026 criminal law draft
The broader context of the Ministry of Justice draft in a separate overview.
Corporate criminal liability in Austria
When a company itself may face criminal responsibility.
Appeal against court orders
Remedies under section 87 of the Austrian Code of Criminal Procedure.
Topics
criminal-law-drafttimingentry-into-forcenon-retroactivityongoing-casesdefence
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