This Friday, the trial against ex-chancellor Sebastian Kurz (ÖVP) for false testimony will reach its final. A look at the statistics shows that even if someone is found guilty, an unconditional prison sentence is very unlikely.
In general, the number of lawsuits for false evidence under Article 288 of the Criminal Code is decreasing – even though reporting on various complaints and proceedings often gives the opposite impression. More than three-quarters of cases end in a guilty verdict, but unconditional prison sentences are rare. Offenders without a criminal record usually get off with a suspended prison sentence or fine.
Consistently high conviction rate
According to data from the Ministry of Justice, there were 1,480 trials involving false evidence in 2013 (see graph below). This number decreased slowly but almost steadily over the years, reaching 1,058 in 2023. The conviction rate has remained constant over the years: between three-quarters and four-fifths of trials resulted in a conviction, the rest ended in an acquittal.
Conditional prison sentences are the most common
According to data from the Judicial Process Automation System, in 2023 there were 261 acquittals and 797 convictions in proceedings due to false evidence. When found guilty, conditional prison sentences were by far the most common (433 procedures), followed by unconditional fines (97) and unconditional prison sentences in at least 95 procedures.
Imprisonment is very rare if you have no criminal record
However, it is almost exclusively criminals with a criminal record who actually have to go to prison. Anyone who has been blameless so far, like Kurz, usually gets away with milder sanctions even if convicted, as data from Statistics Austria shows. Accordingly, in the ten years from 2013 to 2022, only three previously innocent perpetrators were sentenced to unconditional prison terms. By comparison, in the same period, previously convicted perpetrators were sentenced to unconditional prison terms in 415 cases for giving false witness statements. The vast majority of guilty verdicts against innocent perpetrators end with suspended prison sentences or fines.
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.
