Embezzlement under Section 133 StGB in Austria: entrusted property, penalty ranges, restitution, active repentance and distinction from theft or breach of trust.
Mag. Christopher Angerer, Rechtsanwalt
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Embezzlement is not about secretly taking something. It begins with trust: property is handed over for a defined purpose, but the recipient appropriates it with intent to enrich themselves or a third person. Such allegations often arise in employment, clubs, rental settings or private handovers of money.
This article explains Section 133 StGB, the distinction from theft and breach of trust, the EUR 5,000 and EUR 300,000 thresholds and why restitution and file access should be examined early. It is general information, not advice in an individual case.
The key is whether property was truly entrusted, what happened to it and whether restitution is possible.
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The key is whether property was truly entrusted, what happened to it and whether restitution is possible.
With an allegation under § 133 StGB, the first step is not an instinctive explanation but clarification of the offence, file and evidence. The right to silence applies in full.
From a legal perspective, file access under Section 51 StPO and distinctions from neighbouring offences should be assessed before any statement.
Messages, files, photos, receipts, records and witness information should be preserved in full. Nothing should be deleted, altered or created after the fact.
Digital traces can be decisive and should not be weakened by well-meant corrections.
Depending on the allegation, discontinuation, diversion, restitution, evidence requests or trial preparation may be relevant. The file decides.
Early structure prevents unfavourable statements and missed deadlines.
Many criminal allegations are close to each other. The decisive issue is which element characterises the concrete case and which offence is actually opened.
The correct distinction can change the penalty range, the procedural route and the defence strategy.
Property is entrusted where it is handed over with an obligation to use, keep, pass on or return it in a particular way. Cash, club funds, borrowed items or money given for a specific purpose are typical examples.
Not every civil dispute is embezzlement. From a legal perspective, the agreement, the purpose and the intent to appropriate must be examined.
The basic offence carries imprisonment up to six months or a fine of up to 360 daily rates. Above EUR 5,000 the range rises to up to three years; above EUR 300,000 it is one to ten years.
Value, partial return and counterclaims should be documented early so that the alleged damage is not accepted uncritically.
Theft lacks the element of entrustment; the item is taken. Breach of trust concerns misuse of a power to dispose of another’s assets. Embezzlement is closer where a concrete asset was handed over for keeping, use or return.
The distinction affects the offence, penalty range and defence strategy.
For property offences, active repentance under Section 167 StGB can matter. Whether it applies depends on timing, voluntariness and full restitution.
Uncoordinated contact with victims can create new problems, so restitution should be structured legally.
The key is whether property was truly entrusted, what happened to it and whether restitution is possible.
| Point | Assessment | Provision |
|---|---|---|
| Embezzlement | Entrusted property is appropriated | Section 133 StGB |
| Theft | Property is taken | Section 127 StGB |
| Breach of trust | A power over another’s assets is misused | Section 153 StGB |
| Active repentance | Restitution may have a special effect | Section 167 StGB |
A civil dispute is not automatically a crime. The decisive questions are entrustment, purpose and intent to appropriate.
The key is whether property was truly entrusted, what happened to it and whether restitution is possible.
Record summons, complaint or measure precisely.
Check evidence and offence before any statement.
Document records, messages and witnesses in an ordered way.
Assess discontinuation, diversion or trial defence.
When it is handed over with a defined duty, for example to keep, forward or return it.
The basic range is up to six months or a fine; higher thresholds apply above EUR 5,000 and EUR 300,000.
It can be important, especially under Section 167 StGB, but it must be complete, voluntary and coordinated.
Distinction from breach of trust in management settings.
The general theft article on taking.
When active repentance can matter.
The procedure after a complaint or summons.
In criminal matters every hour counts. Call us directly or send an email, callback within one business day, earlier in urgent cases.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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