The Higher Regional Court is the court level that reviews, corrects and definitively determines the decisions of the Regional Courts in criminal proceedings in key areas.
It decides on appeals against judgments by individual judges, lay judges and jurors, on complaints against coercive measures, on objections to the indictment and on the continuation of remand in custody. At the same time, it clarifies jurisdictional conflicts and can transfer criminal proceedings to other courts for reasons of fairness or security.

Thus, the Higher Regional Court is not merely a court of appeal, but the instance that decides whether criminal proceedings are continued at all.

Higher Regional Court in criminal proceedings

In Austrian criminal proceedings, the Higher Regional Court is the central second instance between the Regional Court and the Supreme Court. While the Regional Court establishes the facts and decides on guilt or innocence, the Higher Regional Court checks whether these proceedings were conducted in a legally correct, fair and constitutional manner.

In practice, the Higher Regional Court decides whether a judgment is upheld, a detention is continued or proceedings may be continued at all.

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Definition and legal classification

The Higher Regional Court is the court level that is above the Regional Courts in criminal proceedings and functions as a central control instance pursuant to § 33 StPO. It reviews judgments by individual judges, lay judges and jury courts, decides on complaints against coercive measures, on objections to indictments and on the continuation of remand in custody. In addition, it clarifies jurisdictional issues and can transfer criminal proceedings to other courts if fairness or security so require.

The Higher Regional Court thus determines the further course of criminal proceedings.

Systematic position in the chain of command

The criminal proceedings are structured in three stages:

• Regional Court as the court of fact
• Higher Regional Court as a comprehensive control instance
• Supreme Court as a purely legal instance

The Higher Regional Court is the last instance that is allowed to examine the entire case in terms of content. The Supreme Court later only reviews legal issues.

Jurisdiction of the Higher Regional Court for legal remedies

As a court of appeal, the Higher Regional Court reviews not only formal errors, but also the substantive correctness of the decision. These include, in particular:

• the determination of the facts,
• the assessment of evidence,
• the legal classification of the act,
• the determination of the sentence,
• the observance of the rights of the defense.

Especially in the case of judgments by lay judges and jurors, the Higher Regional Court is the only instance that can still correct incorrect decisions.

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Objection to the indictment

The objection to the indictment is one of the sharpest defense instruments in the preliminary investigation. It makes it possible to prevent a main hearing if the indictment is legally or factually flawed. The Higher Regional Court examines in particular:

• whether there is a sufficient suspicion,
• whether the investigations are complete,
• whether the evidence is admissible,
• whether the legal classification is correct.

If the objection is granted, the proceedings must either be terminated or referred back to the public prosecutor’s office for further investigation.

Remand in custody and detention review

The review of remand in custody is one of the most important competences of the Higher Regional Court. As soon as a complaint is lodged against the imposition of detention, it is no longer the Regional Court, but the Higher Regional Court that decides on the further detention.

A person may only remain in detention if the Higher Regional Court expressly confirms this. Each of these decisions triggers a new statutory detention period. At the same time, the Higher Regional Court monitors the maximum duration of remand in custody, which, depending on the accusation, is between two months, six months, one year and two years.

An extension is only permissible if the proceedings are particularly extensive or difficult.

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Complaints against coercive measures

The Higher Regional Court also decides on complaints against particularly serious state interventions. These include in particular:

• Remand in custody,
• House searches,
• Telephone surveillance,
• Seizures,
• Surveillance measures.

It examines the necessity, proportionality and legality of these interventions.

Jurisdictional decisions and delegations

The Higher Regional Court makes binding decisions on jurisdictional conflicts between courts. In addition, it may transfer criminal proceedings to another court for important reasons, such as:

• Proceedings against judges or public prosecutors,
• impending bias,
• Questions of public safety,
• large economic or corruption proceedings.

Form of decision

The Higher Regional Court decides on all substantive criminal law issues by a panel of three judges. Individual judges are only responsible for decisions on costs.

Relationship to the Supreme Court

The Supreme Court only reviews decisions of the Higher Regional Court for serious legal errors. Facts, evidence and the level of punishment are not reassessed there. In practice, the Higher Regional Court is therefore often the decisive instance on freedom, guilt and the outcome of proceedings.

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Your Benefits with Legal Assistance

Proceedings before the Higher Regional Court often decide definitively on freedom, guilt and the further course of life. Errors in this instance can generally no longer be corrected.

Legal representation ensures that

• the admissibility and scope of legal remedies is correctly assessed,
• procedural errors of the first instance are systematically dealt with,
• detention decisions and coercive measures are legally reviewed,
• inadmissible charges are attacked at an early stage,
• incorrect judgments and excessive penalties are corrected, as far as legally possible.

Especially in the second instance, the quality of the defense decides whether criminal proceedings will take a turn or be definitively sealed.

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FAQ – Frequently Asked Questions

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