Court ruling – no answers: only a mini-sentence for Thomas Schmid

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With his many dismissals, ex-ÖBAG boss Thomas Schmid, who is a central figure in several ÖVP affairs, caused a huge stir in the ÖVP’s investigative committee. As the Federal Administrative Court (BVwG) has now ruled, he was largely entitled to refuse to testify. According to the verdict, he only had to answer individual, rather unimportant questions. That is why Schmid has to pay a fine of 800 euros, a piece of cake.

A spokesperson for the BvwG confirmed to the APA that the decision was made Friday morning. And he pointed out that these interpretations of the subcommittee’s rules are not yet final: Schmid (or his lawyer Roland Kier) can appeal. If that happens, the case will go to the administrative court (VfGH).

Punishment for refraction is only possible once per interrogation
The three-member BVwG senate also answered another fundamental question: the fine only has to be paid once per survey, not for each individual question that is not answered. Otherwise, it would be up to the deputies to determine the amount of the sentence by asking numerous questions.

For each of the 27 questions in the U-committee, the judges individually considered whether Schmid should have answered or whether he could refuse because of his status as a defendant. He should have answered the question whether he is a member of the ÖVP or whether signatures come from him, they thought.

But where, where, what he would have engaged in – that is, on the essential questions – if he refused information because the criminal proceedings were still pending. And that despite the fact that Schmid has already testified extensively before the Public Prosecution Service for Economic Affairs and Corruption (WKStA) because he wants to obtain leniency status and most of the minutes of these surveys have also been made public.

Source: Krone

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