Questionnaire Austria
I.18 What are the main technical/legal reasons?
- the crime is stale;
- insufficient evidence;
- decease of suspect;
- the act does not constitute a criminal offence;
- the suspect is not yet criminally responsible (under 14 years of age);
- the juvenile suspect (14-17 years of age) lacks the necessary maturity;
- the 14 or 15 year old juvenile has committed only a misdemeanour, his guilt is not severe and there are no special reasons with regard to individual prevention;
- incapacity to act in criminal proceedings (because of age, health or mental reasons);
- the suspect is not criminally liable due to a justification or excuse defence;
- the suspect has paid compensation under the preconditions of sect. 167 PC (manifested repentance concerning most property crimes) or sect. 42 PC: the prosecutor also has to dismiss a case, if there exists a legal reason for exemption from punishment like sect. 167 PC or sect. 42 PC, entitled mangelnde Strafwürdigkeit der Tat, laid down as a rule in substantive criminal law (minor offence and/or compensation). This peculiarity of Austrian criminal law is no exception from the principle of legality, but leads to comparable consequences;
- the victim withdraws the complaint or permission in cases of complainant offences (Antragsdelikte) or Ermächtigungsdelikte;
- illegally obtained evidence only in exceptional cases.
If the suspect cannot be traced proceedings are interrupted (sect. 412 CCP).
Inadmissibility of a prosecution because of the expiry of the time limit does only exist for offences subject to private prosecution such as offences against a person‘s honor, the abuse of wire-taps and tape-recordings, the disclosure of business secrets and various offences against property committed by a relative.
- insufficient evidence;
- decease of suspect;
- the act does not constitute a criminal offence;
- the suspect is not yet criminally responsible (under 14 years of age);
- the juvenile suspect (14-17 years of age) lacks the necessary maturity;
- the 14 or 15 year old juvenile has committed only a misdemeanour, his guilt is not severe and there are no special reasons with regard to individual prevention;
- incapacity to act in criminal proceedings (because of age, health or mental reasons);
- the suspect is not criminally liable due to a justification or excuse defence;
- the suspect has paid compensation under the preconditions of sect. 167 PC (manifested repentance concerning most property crimes) or sect. 42 PC: the prosecutor also has to dismiss a case, if there exists a legal reason for exemption from punishment like sect. 167 PC or sect. 42 PC, entitled mangelnde Strafwürdigkeit der Tat, laid down as a rule in substantive criminal law (minor offence and/or compensation). This peculiarity of Austrian criminal law is no exception from the principle of legality, but leads to comparable consequences;
- the victim withdraws the complaint or permission in cases of complainant offences (Antragsdelikte) or Ermächtigungsdelikte;
- illegally obtained evidence only in exceptional cases.
If the suspect cannot be traced proceedings are interrupted (sect. 412 CCP).
Inadmissibility of a prosecution because of the expiry of the time limit does only exist for offences subject to private prosecution such as offences against a person‘s honor, the abuse of wire-taps and tape-recordings, the disclosure of business secrets and various offences against property committed by a relative.
