"Not a panacea"

Supreme Court chief skeptical about lowering the age of criminal responsibility

The Supreme Court in Vienna

(Bild: APA/Georg Hochmuth)

The President of the Supreme Court (OGH), Georg Kodek, is skeptical about a possible lowering of the age of criminal responsibility. Prison is "not a panacea", warned Kodek on Saturday. "I warn against exaggerated expectations, criminal law can - if at all - only be a small part of the solution," said Kodek. For proceedings against politicians, the Supreme Court President proposes the appointment of a special prosecutor.

In the current debate about lowering the age of criminal responsibility, the Supreme Court President urged "caution and prudence" in the Ö1 series "Im Journal zu Gast". Increased support from psychologists, integration advisors and cooperation between many agencies should be considered. "Locking them up alone would not be a solution." However, Kodek, who has been at the head of the Supreme Court since January, believes that it is difficult for society to impart values from outside if they are not conveyed by the parents and social environment.

Special prosecutor like in the USA is worth considering
Kodek sees no urgent need for reform when it comes to the right to issue instructions. There is no danger of political directives: "In recent years or decades, this no longer exists," said the Supreme Court President. Instead of setting up a general prosecutor's office, Kodek believes it would be worth considering appointing a special prosecutor for the few proceedings against politicians, similar to those in the USA. This would be outside the hierarchy of instructions, "all other proceedings could be handled as before".

Preventive detention for activists only a "sedative pill" 
The Supreme Court President also spoke out against tougher penalties for climate activists who block roads and expressed doubts about the effectiveness of possible preventive detention for potential terrorists. "I can imagine that if this is designed in accordance with fundamental rights, hardly any cases will remain," said Kodek. According to Austrian law, it is not possible to lock up everyone who is in any way suspicious. Preventive detention would therefore probably be more of a "chill pill" in the discussion.

Kodek would like to see a reform of the reimbursement of costs for defendants who are acquitted, but he did not want to commit himself to a specific figure. "At the moment, the reimbursement of costs, or more precisely its inadequacies, seems a bit like a sentence of suspicion, which cannot be the case in the 21st century."