Criminal law and the criminal proceedings

The Prosecutor may also carry out investigations

In the criminal procedure law of criminal procedure (in short CPC) is the of expiry Prosecution by the criminal investigation Department, the Prosecutor's office and the court must be dealt with

In criminal proceedings whether a Person has committed a specific, court-criminal offence, and what penalty is to be imposed.

As criminal proceedings for the Concerned have a very great importance, lays down the procedure very carefully, and any deviations from this Form can annulment the annulment, i.e. invalidity of the procedure. In addition to the criminal procedure law, citizens are protected by the Austrian Constitution as well as by the European Convention on human rights (ECHR) against the arbitrary. A criminal case is initiated, if the criminal police or the public Prosecutor's office is known, that is probably a Crime has been committed.

The Accused does not have to incriminate themselves

This is done by the display (e.g, emergency call to the police) or by the own perception of the criminal police or the public Prosecutor's office. Authorities and, in certain cases, Doctors are (for example, in the case of suspicion Abuse of a Minor) criminal charges be obliged, if you learn in the course of their work are criminal offences. The prosecution must fraud each official tort (e.g, bodily injury), of the obtained official knowledge, to the prosecution. Any private person is entitled to a criminal complaint to the public Prosecutor or the police service, but not the obligation. Ads concerning official crimes, can not be withdrawn, but are pursued ex officio. In the investigation procedure, the public prosecution provides, in cooperation with the criminal investigation Department is as accurate as possible picture of the fact.

The public Prosecutor directs the investigation procedures (leadership function), decides on the continuation or the termination of the criminal proceedings.

The first investigative actions are usually conducted by the criminal investigation Department.

The first point of contact for the judicial police, the public Prosecutor's office, the orders of the Office of the public Prosecutor, must be carried out. The implementation of the arrangements may set the criminal investigation, however, due to tactical Considerations. Certain fundamental rights-relevant intervention during the investigation (e.g, house searches, telephone monitoring) against the accused must apply to the office of the public Prosecutor in court.

The court approved the requested action, it must be within a certain period of time to be implemented.

Prior to collection of the indictment, the Accused is interviewed by the criminal investigation Department or the Prosecutor's office. Here, the Accused has the opportunity to give their Version of events. Even if the Accused is not cooperating, is not an obstacle for a process. In any case, the Accused is obliged, however, to a summons to attend a hearing to. Already at the first interrogation by the criminal police or the public Prosecutor, the Accused has the right to a lawyer seeking advice in this difficult Situation should not be on legal aid waived. The General question of whether the presence of a lawyer is generally useful, it should be clarified with a lawyer. For detained Accused, the Austrian law society has set up, together with the Federal Ministry of justice in a legal journal service for detained Accused. Depending on the case, this is a phone or personal consultation includes discussion and, if necessary, the assistance of a lawyer at a hearing.

The first call and a first call and consultation are free of charge.

In addition, the services are in principle chargeable. The Lawyer counselling service is open every day from. free of charge throughout Austria under the To reach the phone number. The investigating authorities are obliged to do so, the facts of the case completely to educate - even if the Accused makes a confession. The Prosecutor's office decides whether the Accused is charged or the proceedings are abandoned, or Diversion is completed. If the method is set, the system will inform the Accused and any victim of it. Further investigation actions in accordance with the setting of the procedure will only take place if the victim presents within fourteen days after notification of the understanding on the setting, a request for the continuation of the proceedings, and the court acceded to this request. If the court decides against the request, must pay to the applicant euros and the procedure is completed. The only way the proceedings are to continue, then, is that new insights are gained. A variety of criminal proceedings is terminated by means of Diversion. In clear The facts of the case and a relatively low guilt of the offender can offer to the public Prosecutor during the investigative proceedings in the case of a variety of crimes is a diversion measure. January may apply to the court in certain cases, a penalty, in a written Penal order without a main hearing takes place. For more information on the mandate, procedures in criminal law to find also. The main scheduled hearing, the judge will decide, or in case of more severe offences judges and lay judges together about the guilt or innocence of the accused. The main trial ends with a judgment in which the accused free or found guilty.

Along with the guilty verdict, the penalty will be imposed.

Also, the court may offer the defendant until the end of the main hearing, the Diversion to the same extent as the public Prosecutor's office. As a legal remedy against a court judgment, the nullity of come complaint and the Appeal into consideration. Criminal proceedings can, in spite of prosecution without a judgment. This is the case, if the process is terminated by means of Diversion, or the Accused dies before the judgment.