The cabinet’s planned increase in the reimbursement of costs for acquittals in criminal proceedings must be decided in the National Council before the summer recess. The federal government has now agreed on the final details and launched a corresponding government proposal in the Council of Ministers on Wednesday. As announced at the end of April, in extreme cases up to 60,000 euros can be contributed to legal costs.
It is also the intention that a replacement for terminated criminal proceedings will be introduced for the first time. Compared to the April draft assessment, the planned additional staff in the amended draft law has been further expanded: instead of two additional judge posts as planned, there will now be six, stated Justice Minister Alma Zadic (Greens) and Constitutional Minister Karoline Edtstadler (ÖVP ) in the press foyer on Wednesday after the Council of Ministers. The government is thus responding to a request from the judges’ association.
As planned, the Ministry of Finance is making a total of 70 million additional euros available for the cost reimbursement of the 2024 package. This corresponds to a thirty-fold increase in resources.
Spread distribution of funds
The distribution of the extra money is spread out: in the event of acquittals in court, the compensation is increased fivefold from 1,000 to a maximum of 5,000 euros. In complex cases, the contribution can be increased by another 50 percent, and in very complex cases even by 100 percent, up to a maximum of 10,000 euros. In the case of acquittals at the regional courts by individual judges, the amount can rise to 13,000 euros, up to now a maximum of 3,000. Here too, a deductible of 50 or 100 percent is possible in complex cases up to 26,000 euros).
Highest replacement for complex procedures
The highest reimbursement of costs occurs in complex proceedings decided by lay judges or juries. In principle, a maximum of 30,000 euros is provided for this. In complex procedures, this value can be exceeded by half, i.e. up to 45,000 euros. In particularly complex proceedings, up to 60,000 euros in defense costs should be subsidized. The basic amount is 6,000 euros at the start of the study; in complex procedures the maximum amount is 12,000 euros.
The complexity should depend on the duration and size. The starting point is a so-called standard procedure, which is described in the explanatory memorandum to the law. The judge decides on the amount of compensation.
The package should be adopted in early July
The package will be decided at the final meeting of the National Council in early July. Zadic emphasized in the press foyer that this step is of great importance for a constitutional state.
Edtstadler was also satisfied: the situation encountered so far is ‘not worthy’ of a constitutional state. The amounts are therefore “increased quite significantly”. “We hope the courts will implement it accordingly” – and that there will be cost awards worthy of the word “replacement” – it’s about creating more fairness, the department head said.
Source: Krone
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