fine too low? – Causa Schmid: “That costs U commissions ad absurdum”

“If you go there and give false testimony, you risk three years in prison. If you do not follow a charge, you risk 5000 euros. If you go there and say nothing 13 times, even if you have to answer, you will pay 800 euros. Two hours of preparation with a good lawyer costs more,” criticizes Zink.

Schmid can appeal
Thomas Schmid, former general secretary of finance and a central figure in several ÖVP affairs, refused to testify before the ÖVP corruption investigation committee on November 3 – because criminal proceedings against him are pending. This was determined by the Federal Administrative Court convened by the U Commission. He only had to answer a few, rather unimportant questions. Therefore, he must pay a fine of 800 euros. Only Schmid could appeal the decision.

A spokesperson for the Federal Administrative Court (BVwG) confirmed that the decision was served Friday morning. The University Committee or the parliamentary board – as the applicant but not a party to the proceedings – has no legal remedy.

Extension of the U. Commission is probably no longer an issue
In view of this decision, a new summons from Schmid to the University Committee – which was decided in principle on 3 November – and therefore an extension thereof is probably not necessary. Because next week, Wednesday, the U committee will actually have its last day of inquiry. And the NEOS would only agree to an extension if it would have allowed Schmid to be questioned again. However, with the interpretation of the regulations now available, little exciting would come to light there – such as the well-known fact that he is no longer a member of the ÖVP because he has been expelled.