Figures presented – Justice fights criticism of “too long proceedings”

In response to the criticism of Justice Minister Karoline Edtstadler (ÖVP) last weekend, the Justice Ministry under Green Minister Alma Zadic spoke of a positive balance on Wednesday. This is also reflected in the rulings of the European Court of Human Rights about excessively long procedures. Austria was convicted once in 2018 and 2019, but not at all in 2020 and 2021. This puts you on par with countries such as France and Germany and in the “European top class”.

This is how long studies take on average:
A preliminary investigation takes an average of 3.6 months. Including the main hearing, the criminal proceedings in the district courts would take six months and in the regional courts 4.2 months. The Justice Department justified the fact that there are “some procedures” that take longer, with complex procedures, such as in the areas of terrorism, organized crime and corruption.

However, the Austrian legal system has taken precautions with its own rule that also in these proceedings is not “overextended”. Article 108a of the Code of Criminal Procedure stipulates that preliminary proceedings lasting longer than three years must be submitted to an independent judge, which will examine any termination. Since the introduction of this rule in 2015, less than 0.4 percent of investigations have required an extension of the investigation, according to the Ministry of Justice.

Time-bound investigations required
Justice Minister Karoline Edtstadler (ÖVP) had again urged to strengthen the rights of the accused and limit investigations. “It can’t be” that studies last seven, 13 or even 14 years, she said in the ORF “Persuur”. Edtstadler foresees a limitation of two to three years, in difficult cases a maximum of four years. In doing so, she agrees with the demand of the new president of the Austrian Bar Association (ÖRAK), Armenak Utudjian.