Deadline: preserve service and the start under § 72 StPO.
At trial the declaration to maintain the charge must be made immediately.
Appeals
Subsidiary prosecution under section 72 StPO
Subsidiary prosecution under section 72 StPO: uslovi, postupak i sljedeći koraci prema austrijskom krivičnom procesnom pravu.
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Mag. Christopher Angerer, Rechtsanwalt
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31 August 2026, Mag. Christopher Angerer, Rechtsanwalt
Section section 72 StPO governs a distinct route in Austrian criminal procedure. It must be separated from similar forms of resolution.
This article explains the requirements from a legal perspective. The procedural stage, the file and the correct next step are decisive.
Which situation concerns you in relation to Subsidiary prosecution?
Subsidiary prosecution under section 72 StPO
For Subsidiary prosecution, the procedural stage, documents and statutory requirements must be assessed together.
Which situation concerns you in relation to Subsidiary prosecution?
For Subsidiary prosecution, the procedural stage, documents and statutory requirements must be assessed together.
Legal classification →
Documents: present evidence and file references clearly.
Outside trial the period is generally one month after court notice.
Distinction: do not confuse § 72 StPO with a similar route.
The status as a private participant must be established first.
Next step: check procedural stage and jurisdiction.
Subsidiary prosecution presupposes an existing public charge.
Legal classification
Legal classification
At trial the declaration to maintain the charge must be made immediately.
Documents and evidence
Documents and evidence
Outside trial the period is generally one month after court notice.
Distinguishing the route
Distinguishing the route
The status as a private participant must be established first.
Next steps
Next steps
Subsidiary prosecution presupposes an existing public charge.
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Frequently asked questions
What you should know.
What does § 72 StPO regulate? +
§ 72 StPO sets the statutory requirements for this procedural step.
Which documents matter? +
The decision, proof of service and evidence should be complete and organised.
What is the next step? +
Check the procedural stage before filing an application or making a declaration.
Topics
subsidiaranklageparagraf-72-stpo
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