Why criminal proceedings sometimes last « forever » – the press.com
The WKStA is often accused of the long period of procedure. Now the authority came to the public with explanations on this topic.
The WKStA recently officially confirmed that there is a finished indictment in Causa Vienna value, albeit not yet final. Finally. The investigation took eight long years. In its “annual media discussion 2025” on Wednesday, the WKStA devoted itself to this topic, namely the sheer length of some procedures.
To stay with the example: How can it be that fraud and infidelity investigation around the Pleit-related real estate company Vienna value drag on? As a reminder: Ultimately, eleven defendants, including Vienna's ÖVP chairman, Karl Mahrer, and Donaustadt district leader Ernst Nevrivy (SPÖ), are left. Now, in the case of Vienna value, there were two time -consuming elements: the material full of materials (the act has 380,000 pages, the expert opinion has 8000 pages alone) and the much -said reporting obligations. For example, the report on the end of the NevRIVY procedural train “already” was available in the summer of 2022. Until the senior authorities gave the green light, should pass for some time.
Long procedure, long debate
This is stubbornly offering the reason for debates. What is meant is that the WKStA has to report their “project” to the specialist and service supervision, specifically: the Vienna's senior prosecutor. And of course you have to wait and see whether the intended procedure is also approved. All significant procedural steps fall under this – for reasons of control, meaningful, but just time -consuming – commitment. Although the reporting system has recently become slimmer, 40 percent of the procedures are still subject to reporting.
When asked whether she would like fewer reporting obligations, WKStA director Ilse-Maria Vrabl-Sanda carefully replied. She spoke out for an « evaluation » of the current regulation. Vrabl-Sanda also did not want to comment on any effects of a new federal government on WKSTA's activity. Just as much: « Combating corruption and economic crime is too important to endanger it only by the appearance of political influence. »
The school work comparison
WKStA-Vice-Vice Head of Wolfgang Handler expressed himself more vividly when it comes to « reporting »: « Imagine your child goes to first class Ahs, writes school work and only gets it back in second class. »
Another reason for a sometimes « endless » procedure – 140 of the 200 procedures that are currently pending at WKStA are about economic criminal matters – handler called the right to object to certain professional groups. In a nutshell: If, for example, documents or files with correspondence between lawyers or tax consultants and clients are confiscated during a house search, the accused of viewing by WKStA can object. That is her good (defense) right. But in terms of procedural, it only gets tough. Because now the entire material is sealed and stored in the court.
« Evidence for years in Leo »
Handler: “Then all evidence for years is in the Leo (In an area protected from access, note).« The judge must check every single file. And then describe the material that may be used by decision. In addition, this decision can still be combated using an appeal.
Such a viewing procedure lasted, for example, in an area of the Casag/Ibiza procedural complex three years. Handler: « We start the race with a backpack of three years. »
In addition to the reporting obligations and the viewing procedure, the WKStA called a third great time -eating: the (international) legal aid. In the case of (frequently occurring) cross -border crime, the investigation into the help of the help of foreign authorities is dependent. The Eurojust cooperation is an important help, but when countries outside the European Union are often affected, there is often a significant slowdown in the procedure.
Exchange in the signa procedure
And one more thing: Even if an accused requires inspection, there may be a lengthy exchange of blows with the investigators. Because it is possible to object to the scope of the files. In many cases, a dish must be switched on. Its decision can in turn be combated, which results in a further decision by a higher instance. Handler made it clear to the objection that this was only the theoretical maximum variant: “In the signa procedure (Around René Benko, note) has occurred many times. «