Four years in prison

Fraud involving millions with a forged will

The academic is no stranger to the court. He was already convicted of embezzlement in 2019.

(Bild: Pratschner Sophie)

A 53-year-old wanted to snatch 1.4 million euros for himself. The academic presented a forged will a year before the death of an acquaintance - his mother was named as the sole heir. In court in Vienna, he admits: "There will be charges. I knew that." And now also a prison sentence.

The prospect of a lot of easy money lures many a defendant to the Vienna Regional Court. Including a 53-year-old master's student. In autumn 2022, he brazenly forged the will of a family acquaintance and appointed his mother as universal heir. The Carinthian had the false last will and testament entered in the register and deposited by his trusted law firm.

Heirs almost robbed of over a million 
So that he finally appeared in the probate proceedings at the Döbling district court - the acquaintance died last April. And in complete contrast to the will, which named the deceased's brother-in-law as the sole heir - to the tune of 1.4 million euros. A graphological assessment and a written report quickly confirmed the family's suspicions.

I just concentrated on getting my head out of the noose. There would be charges. I knew that.

Vorbestrafte Angeklagte (53) vor Gericht

The man with a criminal record for embezzlement explains in court: "All I did was concentrate on getting my head out of the noose. There will be charges. I knew that." Shortly afterwards in the fall of 2023, the 53-year-old former property manager reported himself to the public prosecutor's office.

Witnesses to the will carefully selected
The three witnesses to the will who had signed the document also gradually arrived at the public prosecutor's office. In front of the judge, the academic explained how he had carefully selected the women: he knew two Romanian women from his time as a caretaker and repeatedly helped them fill out documents for the authorities. That's why the 53-year-old knew that the two spoke German but couldn't read. "It's just a formality, I assured them," he explains. 

§ Section 167 StGB Active remorse

(1) Criminal liability for fraud, among other things, is waived by active remorse.

(2) The perpetrator shall be deemed to have repented if, before the authorities have learned of his fault, he does so without being compelled to do so, although at the request of the injured party,

1.		makes good the entire damage caused by his act or
2.		contractually undertakes to make reparation to the injured party within a certain period of time. In the latter case, criminal liability shall be revived if the offender fails to comply with his obligation.

(3) The offender shall also not be punished if he makes good the entire damage resulting from his offense by making a self-disclosure to the authority, which reveals his fault to the authority, by depositing with this authority.

The third signature comes from an elderly 80-year-old cat lover, as the defendant reveals. He assured the old lady that there would be a pet to take care of after the death of her friend - "I lured her with a cat, so to speak." The three women did not know what they had signed and that it was a forged will.

Argument for active remorse "downright absurd"
His defense lawyer pleaded active remorse - after all, he had turned himself in to the public prosecutor's office and was naturally prepared to make amends for the damage. His client would therefore go home unpunished. Judge Philipp Schnabel sentenced the Carinthian to four years in prison for attempted aggravated fraud - not legally binding. "The defendant revealed great criminal energy", Mr. Rat explained. It was not just a matter of 1.4 million euros - the deceased also left behind two condominiums.