Judge on the road – In short: decision on appeal is delayed

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Sebastian Kurz is fighting his conviction for making false statements in the Ibiza Commission of Inquiry. But the ex-chancellor (ÖVP) must be patient. As the Vienna Regional Criminal Court confirmed to the “Crown”, the judge demanded the file back from the Higher Regional Court. These are protocol corrections.

It will soon be eight months since Sebastian Kurz was convicted in the marathon trial of making false statements in the Grand Jury Courtroom of the Vienna Regional Court. Almost as long as the suspended prison sentence with three years’ probation that Judge Michael Radasztics imposed on him on February 23.

Former Chancellor fights for acquittal
However, the probationary period hasn’t even started yet. The former Chancellor (ÖVP) had filed a full appeal and submitted it through his lawyer Otto Dietrich in a timely manner after the written ruling. The 38-year-old former politician is fighting for acquittal.

But it will likely take longer before a legally binding ruling is reached in the case. Because there are delays. The file, which was already at the Higher Regional Court for other decisions, was recovered by Radasztics and is back at the Regional Criminal Court, as court spokeswoman Christina Salzborn confirmed in response to a “Krone” request. The reason for this is that new requests for protocol corrections have been submitted with the appeal – and there will probably be quite a few – due to the short defense, which the judge must decide. The WKStA had also submitted requests for corrections.

A judgment would have to be made again
If Radasztics accepts at least some of the applications and changes the protocol, he will have to serve the judgment again. In this case, the deadlines also start again. Kurz then has four weeks to resubmit the appeal. Just as the Public Prosecution Service has four weeks to respond. Only then would the file go back to the higher regional court.

It can be assumed that the preparation for the appeal hearing there will take several months. Sebastian Kurz will have to be patient.

Source: Krone

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