Criminal proceedings

Government increases reimbursement of costs for acquittals

Justice Minister Alma Zadic (Greens) and Constitutional Minister Karoline Edtstadler (ÖVP) in the press foyer after the Council of Ministers on Wednesday

(Bild: APA/HANS KLAUS TECHT)

The government's plan to increase the reimbursement of costs for acquittals in criminal proceedings is to be passed by the National Council before the summer break. The federal government has now agreed on the final details and submitted a corresponding government bill to the Council of Ministers on Wednesday. As already announced at the end of April, up to 60,000 euros can be contributed towards legal fees in extreme cases.

It is also planned to introduce compensation for discontinued criminal proceedings for the first time. Compared to the review draft from April, the planned additional staff has been further increased in the adapted draft bill: instead of the planned two additional posts for judges, there will now be six, explained Justice Minister Alma Zadic (Greens) and Constitutional Minister Karoline Edtstadler (ÖVP) on Wednesday in the press foyer after the Council of Ministers. The government is thus complying with a request from the Association of Judges.

As planned, the Ministry of Finance is making an additional 70 million euros available for cost reimbursement for the package for 2024. This corresponds to a thirty-fold increase in funding.

Justice Minister Alma Zadic (Greens) and Constitutional Minister Karoline Edtstadler (ÖVP) in the press foyer after the Council of Ministers on Wednesday

(Bild: APA/HANS KLAUS TECHT)

Staggered distribution of funds
The distribution of additional funds will be staggered: For acquittals in district courts, the compensation will be increased fivefold from 1000 to up to 5000 euros. In complex cases, the contribution can be increased by a further 50 percent, and in very complex cases by as much as 100 percent, i.e. up to 10,000 euros. In the case of acquittals at regional courts by single judges, the amount can be up to 13,000 euros, compared to the previous maximum of 3,000 euros. Here too, an increase of 50 or 100 percent is possible in complex cases (up to 26,000 euros).

Justice Minister Alma Zadic (Greens)

(Bild: APA/HANS KLAUS TECHT)

Highest reimbursement for complex proceedings
The highest reimbursement of costs is available for complex proceedings that are decided by courts of lay assessors or juries. In principle, up to 30,000 euros are provided here. In complex proceedings, this value can be exceeded by half, i.e. up to 45,000 euros. In particularly complex proceedings, up to 60,000 euros of the defense costs are to be subsidized. 6,000 euros is the basic amount for discontinuation of pre-trial proceedings, while the maximum amount for complex proceedings is 12,000 euros.

The complexity is to be based on the duration and scope of the case. This is based on a so-called standard procedure, which is outlined in the explanatory notes to the law. The judge will decide on the amount of compensation.

Package to be adopted at the beginning of July
The package is to be adopted in the last session of the National Council at the beginning of July. Zadic emphasized in the press foyer that this step is extremely important for a constitutional state.

Edtstadler was also pleased: the situation that has been found so far is "not worthy of a constitutional state". The amounts are therefore being raised "quite substantially". "We hope that it will be implemented accordingly by the courts" - and that there will be cost reimbursements that are worthy of the word "compensation" - the aim is to create more fairness, said the head of department.