New regulation

Chats and co.: pressure on Justice Minister increases

The Constitutional Court (VfGH) decreed that the regulation on cell phones in the Code of Criminal Procedure must be adapted (symbolic image).

(Bild: stock.adobe.com/Maksym Yemelyanov)

Lawyers have been calling for a reform of the Code of Criminal Procedure (StPO) for years. They criticize the current regulations on cell phones and the like, which date back to the "digital Stone Age".

Casag and Co. - dozens of suspects and investigations and proceedings triggered by seized data carriers. Lawyers have been calling for a reform of the Code of Criminal Procedure (StPO) for years - the current regulations on cell phones etc. date back to the "digital Stone Age". The Constitutional Court (VfGH) ordered a modern adaptation. It must apply from January 1, 2025.

We are asking the Minister of Justice to involve us in the current reform process. After all, we initiated and triggered it. So far, we have not been discussed with them.

Armenak Utudjian, Präsident der Rechtsanwälte

Armenak Utudjian, President of the Bar Association

(Bild: Lukas Lorenz)

Now the Bar Association is increasing the pressure. "Unfortunately, we are not involved in the reform process," says Armenak Utudjian, President of the Austrian Bar Association (ÖRAK). There are concerns that the reform could be delayed - in view of recent experience and upcoming election campaigns. The lawyers submit a list of demands to Justice Minister Alma Zadić (Greens) via "Krone", based on an expert opinion by criminal law professor Ingeborg Zerbes. Some points:

• Seizure: only in cases of urgent suspicion and serious crimes - or those committed with the cell phone itself. And only with justified judicial authorization.
• Provision of seized data to those affected
• Clear rules for accidental discoveries: a sensitive issue, especially as a lot of evidence falls into the hands of investigators "incidentally".
• Shortening the duration of the evaluation process through binding deadlines

Justice Minister Alma Zadić must implement the reform.

(Bild: SEPA.Media/Michael Indra)

Procedures should be shorter
Irrespective of this, the focus remains on the demand for shorter (especially clamorless) proceedings and appropriate compensation for acquittals and dismissals. The "Krone" asked Minister Zadić about this. The answer was provided by Green justice spokeswoman Agnes Prammer: "There is no need for the President to worry. A reform of cell phone security is a central part of the reform of the Code of Criminal Procedure - as is the new regulation of the reimbursement of costs for acquittals. This reform package will be passed during the legislative period."