The following legal discussion about chats & Co. has started. The central point: Compensation of innocent people and the sometimes exorbitantly long procedures, as in the case of Buwog or Meinl, which also entail enormous costs. Criminal lawyer Manfred Ainedter is extremely critical.
The VfGH decision that the seizure of data carriers such as mobile phones is unconstitutional and that a new law must come into effect no later than January 1, 2025, is causing a stir. Ultimately, chats permanently changed the political landscape.
Jail time for a cell phone crime?
The lawyers followed each other during a meeting on Wednesday. In addition to a “genuine legal justification” for seizures, President Armenak Utudjian also called for the condition that the crime must be punishable by at least one year in prison or that it should have been committed with a mobile phone. The person concerned must be informed of what has been seized. The Bar Association has a platform for complaints www.wahrnehmungsbericht.at set up for approximately 7,000 legal representatives.
The investigation against Grasser began in 2009
Another big topic: compensation for acquittals and dismissals. Legal costs should be reimbursed. As a result, proceedings should be shorter, especially in high-profile cases. Example Buwog. The trial against former Finance Minister Karl-Heinz Grasser and Co started six years ago. The investigation started at the end of 2009. No legal settlement is expected before 2025. Or Meinl: After 15 years, the case will soon be closed.
Lawyer criticizes ‘dead law’
“There are still too few rights for the suspect,” says star lawyer Manfred Ainedter. He represents Grasser, among others. The law provides for three years for a procedure, but this can always be extended. The Public Prosecution Service gives reasons why the courts are open to this. ‘It’s absolutely right.’
The Kurz case also lasted three years
Even in apparently simple cases, such as the current case involving former Chancellor Sebastian Kurz and false statements. This has been going on for three years. “It then says: because so many witnesses have been requested. “It has to be done in no time,” says Ainedter. He reports on similar, unglamorous cases that “brutally continue. This is unbearable.” Because even without a guilty verdict, there will still be damage to reputation and finances. “Fifteen years ago, prosecutors made quick decisions. Nowadays the action is shifted back and forth. The decisiveness has been lost.”
Reimbursement of the costs claimed for acquitted clients
Criminal lawyers demand adequate reimbursement of costs for acquitted clients. “Then you think carefully about whether charges should be filed. Especially because in many cases nothing comes of it.” Costs are due anyway. The Buwog procedure cost a total of around 15 million euros – including taxpayers’ money for investigations, prosecutors and judges.
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.
