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Karmasin verdict: appeal to be heard in March

Sophie Karmasin in May 2023

(Bild: APA/GEORG HOCHMUTH)

At the end of May 2023, former Family Affairs Minister Sophie Karmasin (ÖVP) was sentenced to 15 months' conditional imprisonment at the Vienna Regional Court for agreeing to restrict competition. She was acquitted of serious fraud in connection with the continued payment of her ministerial salary. It will be determined in four weeks' time whether this remains the case. 

On March 6, the Supreme Court (OGH) will hear the appeals lodged against the first-instance decisions.

A public hearing will be held in the Great Hall of the Palace of Justice to decide on the nullity complaints and the appeals of the defendants and the Economic and Corruption Prosecution Office (WKStA). 

The guilty verdict in the first instance for the former ÖVP minister, who is still being investigated by the WKStA in connection with the ÖVP advertising scandal, related to three studies for the Ministry of Sport.

"Deliberately" fraudulently obtained references
With regard to the allegation of serious fraud against Sophie Karmasin, the court of first instance found that it was "undoubtedly proven" and "clearly documented" that she had "deliberately" obtained her continued remuneration until the end of May 2018 after leaving her ministerial post at the beginning of December 2017, despite taking up a professional activity. However, the first instance came to the conclusion that the criminal liability for fraud was waived because the former minister had to be recognized as having made full, timely and voluntary amends for the damage caused before the criminal prosecution authorities became aware of Karmasin's culpability.

Karmasin had been awarded the contract by persuading two competitors - including her former employee Sabine Beinschab - to "submit bids to the clients that she had specified and agreed with them in advance in order to ensure that Karmasin Research & Identity GmbH, for which she was responsible, would be awarded the contracts", as stated in the indictment.

62,000 euros paid back
The fact that Karmasin had also continued to receive her ministerial salaries was first brought to light on March 7, 2022. Two days later, she - who was in custody at the time - arranged for the repayment of around 62,000 euros via her legal representatives. At the time, the WKStA was not yet investigating the former minister for the continued payment of salary.

Appeal for annulment lodged
The WKStA lodged an appeal for annulment against the acquittal for fraud. She filed a criminal appeal against the suspended 15-month prison sentence for the provision on restrictive agreements.