Four years in prison for Karl-Heinz Grasser-Diepresse.com

It seemed visibly affected. But seemed to catch quickly and then came in front of the major contingent of the media representatives: « I was convinced of an acquittal. But the judges wanted to condemn me at all costs. The verdict is wrong. I will continue my struggle. I will go to the European Court of Human Rights. »

This is how Karl-Heinz Grasser reacted to the saying of the Supreme Court (OGH) on Tuesday. When the former finance minister (term: 2000 to 2007, first FPÖ, then ÖVP-close) had really talked to him, a journalist questioned to him, which reminded him of the reality that a five-high judge senate had created a few minutes earlier: the prison was waiting. Four years of imprisonment have been imposed.

« The verdict is wrong, I was convinced of an acquittal, the judges wanted to judge me at all costs. »

Karl-Heinz Grasser

Comment of the ex-finance minister after the verdict

The guilty verdict due to infidelity and corruption, specifically: civil servants’ acceptance, is now final. Only a subordinate point, namely falsification of evidence, was sent back to the first instance. The Human Rights Court cannot change this package. Grasser will receive a request to take place in a few weeks. It is still open in which prison he will land. For example, the Vienna-Simmering judgment is suitable, where-as it is said-a life of living group « to promote social skills » is offered. The 56-year-old had an interpretation for the prison scenario before leaving the time-honored Vienna Palace of Justice: « This is a drama. »

Not only Grasser was convicted. For the former FPÖ general secretary Walter Meischberger, the guilty verdict from the first instance became final. The 65-year-old feels the saying as well as Grasser, whose best man he is, as a misjudgment. For him, the offenses are now legally infidelized, acceptance of gifts, bribery and forgery of evidence. The punishment: three and a half years in prison.

A strikingly strong reduction in punishments

The strong reduction of the penalties was striking. Had Grasser received eight years in the first instance, the court now found out at the age of four. At Meischberger it was originally seven years.

Senate President Christa Hetlinger made it clear that the extensive – namely 16 -year -old – was « inappropriate, exorbitantly long » and « really unreasonable ». A compensation must therefore be created, especially since the duration of the procedure was to be assessed as a violation of Article 6 of the Convention on Human Rights (right to a fair procedure).

But the statements of the Senate President also brought a lot to the address of the accused. Especially Grasser, the perpetrator who was seen by the WKSTA as a mastermind of a corrupt system, had to take bitter blame. His crimes, especially the collecting of a million dollar commission on the occasion of the sale of federal housing associations (including the Buwog), are « serious ». Grasser should not have taken the 9.6 million euro commission (and then divided).

»Grasser and Meischberger were mockery and malice for years, which is a psychological burden.  »

Christa Hetlinger

Senate President of the Supreme Court

The fact that the Immofinanz consortium (this had been awarded the contract and bought the apartments) was willing to leaf a commission should have triggered a completely different behavior: Grasser, as finance minister, should have recognized that the consortium was apparently willing to pay more than the pure purchase price (almost one billion euros); namely the commission. Therefore, he would have had to negotiate again in order to turn out a higher sales price for the republic. Instead, he – like Meischberger – participated in the million -dollar commission.

« This is infidelity by the finance minister – for personal enrichment. » And that also had to take this with the often used abbreviation KHG: « This behavior is unprecedented in Austria. » It is suitable to « shake the trust of the population ». Grasser had « exploited the opportunity that was available to him as an official ».

And now? Does the former member of the Austrian federal government (bowl I and bowl II) have to spend the entire duration of detention behind bars? Probably not. Penalists can seek the detention for premature dismissal at the earliest after half of the detention. Often that goes wrong. Rather, early layoffs after serving two thirds of the punishment are more likely to be served.

Premature dismissal after two criminal thirds

So one would be in prison for 32 months at four years (48 months). From this period of time, Grasser (on application – and if he pursues a regulated activity) could be secured by a pedestrian, a maximum of one year, in electronically monitored house arrest. If one follows this example, the ex-minister would have to spend 20 months (32 months two-thirds penalty minus twelve months of ankle bondage) behind bars.

And the co -accused? Of 14 people who were originally in court – it was not only about « Buwog », but also about the corruption of tax authorities in the Linz Terminal Tower – six accused received freedom in the first instance. The eight convicts had brought an appeal.

This has now been decided. PR consultant Peter Hochegger received a three-year-related additional penalty due to infidelity (he already has a relevant preliminary penalty). Ex-Immofinanz boss Karl Petrikovics received one year due to infidelity and bribery-also as an additional penalty. Ex-RLB-ÖO manager Georg Starzer received 20 months. The lawyer and tax consultant Gerald Toifl received a year in prison for money laundering. Another perpetrator received eight months.