The criminal investigation against the Carinthian journalist Franz Miklautz by the Klagenfurt public prosecutor’s office is halted. The Chief Public Prosecutor (OStA) Gaz issued a corresponding instruction in agreement with the Ministry of Justice: a suspicion that would have warranted investigation “was not to be assumed”, according to the OStA.
Miklautz had become the focus of the prosecutor’s office because of his investigation into salaries and generous overtime pay at Klagenfurt’s town hall. He was accused of contributing to a breach of professional secrecy, his mobile phone and laptop were seized on Monday. The seized data carriers must now be “immediately handed over”, according to a broadcast by the OStA.
Recruitment after examination of files
The OStA followed media coverage of the cause on Wednesday and “immediately started an evaluation of the process” and asked the Klagenfurt public prosecutor’s office for “reporting with filing of files”. After examining the report and the files, the instruction was then given “to discontinue the proceedings against Franz Miklautz on suspicion of breach of professional secrecy as an intended or accomplice offender on the basis of complaints from those responsible in the city of Klagenfurt”.
The senior public prosecutor saw no reasonable suspicion that professional secrecy had been violated. Because the mere disclosure of an official secret made public by third parties “is not punishable”. The trial against the “direct perpetrators suspected of disclosure”, the two people who allegedly leaked files to the journalist, is still ongoing.
“Sensitive to the protection of editorial secrecy”
The senior prosecutor’s office also commented on the editorial secrecy: it is protected by the Code of Criminal Procedure and “should not be circumvented by seizures, unless the media worker involved is himself strongly suspected of the crime”. The Klagenfurt public prosecutor’s office “was made aware of the need to protect professional and editorial secrets”.
“Legal Error”
On Thursday afternoon, Justice Minister Alma Zadić (Greens) said of the cause: “Press freedom is an irrefutable tenet of our democracy. Of course, this also includes the protection of journalistic sources and editorial secrecy – especially during investigations.” That is why they “acted quickly and decisively” and issued the correct instructions. Of course, the seized data carriers will not be evaluated until they have been handed over to Franz Miklautz “The OStA Graz, together with the ministry, carefully and quickly exercised its specialist supervision in this case and took the necessary measures to rectify the legal errors in this case,” praised the justice minister.
The journalist Franz Miklautz himself commented on the turn of events. “On Monday I thought: screw journalism. Today I think: never give up! Especially now,” he wrote on Twitter. He thanked “numerous people” for their encouragement and support over the past few days.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
