Appeal announced – summary judgment: WKStA will not appeal

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The Public Prosecutor’s Office for Economic Affairs and Corruption (WKStA) has not appealed the verdict against Sebastian Kurz. The former chancellor was sentenced on Friday to a suspended prison sentence of eight months for making false statements to the Ibiza investigative committee. An appeal has already been announced.

Kurz was convicted at first instance on one of the original three charges. This concerned his statements about the composition of the supervisory boards of the state holding company ÖBAG. According to Judge Michael Radasztics’ ruling, the ex-chancellor gave the impression that he actually had nothing to do with it. However, witness statements in the evidentiary trial would have contradicted this.

However, Kurz was acquitted in a similar case surrounding the appointment of Thomas Schmid to the board. The court saw no contradictions here. There is also no agreement between Schmid and the former liberal liaison in the coalition negotiations between the ÖVP and FPÖ, Arnold Schiefer. The conditional sentence of Kurz’s former chief of staff, Bernhard Bonelli, to six months also only affected the appointments to the supervisory board.

No remedy from WKStA – appeal filed
The Code of Criminal Procedure stipulates that a single judge will decide on all crimes and misdemeanors punishable by imprisonment for more than one and a maximum of five years (including false evidence). Appeals regarding nullity, guilt and punishment then go to the Higher Regional Court (OLG) – in this case a panel of three judges at the Higher Regional Court of Vienna.

The WKStA has not taken such a step, says a spokesperson for the Public Prosecution Service. However, Kurz’s lawyer Otto Dietrich and Bonelli’s lawyer Werner Suppan announced at the end of the trial that they would appeal due to the invalidity of the guilt and sentence. In several interviews, the ex-chancellor described the verdict against him as unfair.

Source: Krone

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