Landing place and flight plan are key connecting factors.
For the new jurisdiction rule, the actual and intended landing place matter. Secure flight number, route, boarding records and available messages about the flight path.
Latest
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.
Your personal attorney
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.
28 June 2026 · Mag. Christopher Angerer, Rechtsanwalt
The 2026 draft provides for new Austrian jurisdiction over certain offences on board aircraft. Landing place, intended landing place and operator links may matter.
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
Offences on board aircraft: new Austrian jurisdiction in the 2026 draft
This first assessment is not legal advice. It shows which issues should be separated before a statement or file review.
Already know that you want to send an inquiry? Go directly to the form.
Which aircraft situation is relevant?
The options separate flight route, landing place, operator link and procedural status.
All paths at a glance
Overview of all answers.
Secure route and landing data →
Review operator and registration links.
In addition to landing place, an operator or registration link may be relevant. Check that point against flight records and the authority’s reasoning.
Separate allegation from jurisdiction.
Jurisdiction says nothing yet about guilt or proof. Clarify the concrete allegation and whether witnesses, crew reports or recordings exist.
Seek file access before commenting.
If a summons or report already exists, first clarify which authority claims jurisdiction and which legal rule it relies on.
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.
- undefinedundefined
Read the allegation
- undefinedundefined
Clarify timing
- undefinedundefined
Organise records
- undefinedundefined
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
aircraftsection-64jurisdictioncriminal-law-draftmontreal-protocoldefence
Interview, house search, indictment?
In criminal matters every hour counts. Call us directly or send an email, callback within one business day, earlier in urgent cases.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152