“Tatort Smartphone” – WKStA rejects mobile phone review limitation

If chats or emails are only evaluated when there is a strong suspicion of a crime, it becomes much more difficult to uncover corruption. For example, without evaluating mobile phones, the corruption investigations in what is by far the WKStA’s largest litigation complex – namely CASAG/Ibiza including the ÖVP advertising case – would “simply not”. When ex-FPÖ leader Heinz-Christian Strache’s mobile phone was seized there was “reasonable suspicion, but not urgent”, Vrabl-Sanda rejected the restriction demanded by the lawyers (and supported by the ÖVP).

‘There are usually no witnesses to these crimes’
For the WKStA, securing and evaluating electronic data is one of the most important investigative measures today – especially since there are usually no witnesses and documents in the field of “secret crimes”. Corrupt behavior is not agreed upon in contracts, Vrabl-Sanda noted.

Since all offices are now largely digitized and decisions are usually prepared through electronic communication, the WKStA boss believes that when it comes to politicians or political decision-makers, it “should actually be archived”. Because it often involves decisions that affect taxpayers’ money – these would not be filed, but regularly removed.

WKStA wants “safety and clarity” for key witnesses
Key witnesses are important to the WKStA – ie “that an insider speaks”. Here Vrabl-Sanda argues for change: Security and clarity for leniency witnesses – also with a view to legal consequences in other (for example compensation) proceedings – must be expanded. In total, there have been about 50 since the WKStA was created, and in 2022 further investigative steps due to leniency status were withheld in 30 cases – due to an accumulation of antitrust proceedings.

Vrabl-Sanda’s biennial report shows that the number of firings far exceeds the number of indictments and thus convictions. Vrabl-Sanda countered the criticism by explaining that the WKStA was legally required to investigate any suspected criminal offence. Every suspicion, every report must be investigated. Often, however, causes were pre-arranged, without procedure. If there is “at least a vague suspicion”, then a procedure must be started – and that is “the very beginning, far from a conviction”.

Defendant’s status is not biased
Thus, a suspicious statute is “not a bias” – and ending a proceeding is not a failure either. Vrabl-Sanda repeatedly emphasized the great importance of investigating corruption or white-collar crime for the rule of law and democracy, especially when a fact has been clarified or reforms (e.g. the criminal liability of buying a mandate) have been initiated.