Section 106 StPO protects subjective rights in investigations. Time limit, scope and distinction from the complaint.
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.
Section 106 StPO protects subjective rights in investigations. Time limit, scope and distinction from the complaint.
This post explains from a legal perspective the main requirements, time limits and defence steps. It is general information and not advice in an individual case.
Whether access to the file was refused, a police measure is questionable, a prosecutorial order is at issue or a time limit is running, classification determines the next step.
Already know you want to send an enquiry? Go straight to the contact form.
Section 106 StPO concerns alleged violations of subjective rights by the prosecutor or criminal police. Choose the situation that best fits.
Where a subjective right is refused in the investigation, section 106 StPO may be the correct remedy. From a legal perspective the first step is to identify the specific right and the date on which the refusal became apparent.
Section 106 StPO also covers investigative or coercive measures where provisions of the StPO were breached. For search, seizure or questioning, the order and the execution must be assessed separately.
If an investigative measure was authorised by a court, an isolated objection may not be enough. Section 106 para. 2 StPO requires the objection to be combined with the complaint where a complaint is raised against the authorisation.
The objection must be filed with the prosecutor within six weeks from knowledge of the alleged violation. If the time limit is tight, the filing should preserve the time limit and the reasoning can be deepened after access to the file.
Section 106 StPO is the central remedy for alleged violations of subjective rights in the investigation by the prosecutor or criminal police. It applies where the exercise of a right under the StPO was refused or where an investigative or coercive measure was ordered or carried out in breach of the StPO.
The provision is not a general complaint form for every dissatisfaction with an investigation. A specific subjective right must be identified. This determines admissibility and prospects of success.
The objection must be filed with the prosecutor within six weeks from knowledge of the alleged violation. It must state the act or order to which it relates, the violation asserted and the form of relief sought.
From a legal perspective the objection should not merely express frustration. It must connect the procedural act, the violated right and the requested legal consequence.
The complaint under section 87 StPO is directed against court orders. The objection under section 106 StPO concerns measures and orders of the prosecutor or criminal police. In mixed situations, for example a search authorised by a court, both routes may need to be combined.
A wrong classification costs time. The first question is therefore whether the challenged act comes from the court, the prosecutor or the criminal police.
For accused persons section 106 StPO is particularly important where access to the file is delayed, applications for evidence are effectively ignored or the execution of a coercive measure is legally questionable.
Not every mistake automatically ends the proceedings. The remedy does force the authorities to address the challenged act in legal terms.
Remedy with a time limit. For an objection under section 106 StPO the date of knowledge matters. Delayed review can lead to loss of legal protection.
Where a subjective right in the investigation is alleged to have been violated by the prosecutor or criminal police.
Six weeks from knowledge of the alleged violation. The objection is filed with the prosecutor.
The complaint under section 87 StPO is directed against court orders. Section 106 StPO concerns prosecutorial and police measures.
Yes. It must identify the act, the alleged violation and the relief sought.
In criminal matters every hour counts. Call us directly or send an email, callback within one business day, earlier in urgent cases.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152