Charges filed

“Discrepancies”: Pilnacek’s death is being investigated

Christian Pilnacek's death is now being reinvestigated.

(Bild: APA/HERBERT PFARRHOFER)

The death of former justice section head Christian Pilnacek in October 2023 still raises questions. Now the head of the ministry's investigation commission has filed a complaint with the public prosecutor's office. The reason: "Possible discrepancies". 

Pilnacek was found dead near the municipality of Rossatz-Arnsdorf (Lower Austria) on the night of 20 October after being stopped by the police and having his driving license confiscated. But his death still raises questions. 

Christian Pilnacek at the Ministry of Justice

(Bild: APA/HERBERT PFARRHOFER)

Police officers retrieved personal belongings
According to a report by the online portal "ZackZack", two officers turned up at his partner's apartment in Rossatz shortly after Pilnacek was found and took his personal belongings, namely his cell phone, the key to Pilnacek's apartment in Vienna and his wallet. The officers had also asked for a laptop. However, the police officers did not have a seizure order with them. No such order had been issued by the criminal investigation department or the public prosecutor's office in Krems. 

Justice Minister Alma Zadic set up a commission of inquiry.

(Bild: APA/Eva Manhart)

According to the Lower Austrian State Office of Criminal Investigation, the items had been handed over to the widow of the deceased - without any data from the cell phone having been evaluated. Pilnacek's widow confirmed that she had received the items. 

Complaint filed with the WKStA
However, it is precisely the removal of these items that is now raising questions, which is why Martin Kreutner, head of the investigative commission set up in November by Justice Minister Alma Zadić (Greens) to look into possible political influence during the term of office of former section head Christian Pilnacek, has submitted a statement of facts to the Economic and Corruption Prosecutor's Office. This is not about the circumstances of Pilnacek's death - according to the autopsy report, the death was not caused by a third party - but about the removal of those personal items.

"The question must be allowed as to whether all sides proceeded with due diligence," Kreutner told the "Kurier" newspaper on Tuesday. Several police officers confirmed to the "Presse" that valuables, including Christian Pilnacek's cell phone, had been collected from his house a few hours after his body was found, handed over by his girlfriend and taken into custody, "whereby it was not a seizure in the sense of the Code of Criminal Procedure, but on the basis of the Security Police Act". This is a routine procedure when a body is found.

Police may seize objects
Although the police may in principle seize objects on their own initiative, they are obliged to report this to the public prosecutor's office as soon as proceedings are underway. Proceedings were initiated to determine whether Pilnacek's death was caused by a third party - however, a post-mortem examination did not reveal any such result and the investigation was closed.

As a result of Kreutner's statement of facts submitted last week, the WKStA is now likely to examine whether there was a political motive behind the removal of his personal belongings.

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