The Regional Court as a jury and lay judge court is the form of judgment used in the most serious and socially sensitive criminal cases. Here, a decision is not made by a single judge, but by a multi-member court consisting of professional judges and lay judges. This composition changes the entire procedure because the assessment of evidence, the formation of convictions, and the question of guilt are not judged solely from a legal perspective, but also from a societal one.

This form of judgment concerns crimes with high penalties, sexualized violence, homicides, terrorism, serious robbery, millions in damages, and organized crime. Anyone accused before such a court does not stand before a normal criminal judge, but before a tribunal with maximum intervention intensity.

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Jurisdiction and form of judgment of the Regional Court as a jury and lay judge court

The jurisdiction of the Regional Court as a jury or lay judge court arises compulsorily from the charged offense. It is prescribed by law and cannot be influenced by either the court or the public prosecutor’s office. As soon as an accusation is assigned to one of the legally defined areas of offense, the proceedings must be conducted in this form of judgment. Thus, with the indictment of the specific offense, it is determined whether a single judge or a collegial court of professional judges and lay judges decides on guilt and punishment.

The Regional Court as a jury court

The jury court consists of two parts. The jury court consists of three professional judges. The jury bench consists of eight jurors. The jurors decide on the question of guilt, while the professional judges lead the proceedings and, after a guilty verdict, determine the punishment. As a result, the question of whether a person is guilty is not judged solely from a legal perspective, but also from a societal one.

The Regional Court as a lay judge court

In the lay judge court, professional judges and lay judges jointly decide on guilt and punishment. As a rule, the court consists of one professional judge and two lay judges. However, in the case of particularly serious criminal offenses, the law prescribes an extended composition in which two professional judges and two lay judges participate. This form of judgment combines legal expertise with the participation of the population in the administration of justice.

Jurisdiction over offenses

The jurisdiction of the Regional Court as a jury or lay judge court is linked to particularly serious offenses. These include, among others:

• Manslaughter
• serious robbery with very high sums of damage
• Arson and intentional endangerment of the public
• Rape and aggravated sexual abuse of minors
• Serious abuse of office and serious corruption offenses
• Serious financial offenses
• Terrorist association and organized crime

If such an accusation exists, the proceedings may not be conducted before a single judge, but must be heard before the collegial court provided for this purpose.

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Request for composition and rights of defense

The legally prescribed composition of the court is a central right of defense. However, an error in the composition does not automatically lead to the reversal of a judgment. Such a lack of composition can only be asserted if either the public prosecutor’s office already addresses it in the indictment or the accused expressly objects to it within the objection period against the indictment. If this request is omitted, even an objectively incorrect composition is often considered cured.

Gender-related composition rules in sexual offenses

In sexual offenses, the court must be composed in a gender-equitable manner. In the jury court, at least two jurors, and in the lay judge court, at least one judge or one lay judge must belong to the gender of the accused and the gender of the allegedly injured person. This requirement is intended to ensure that acts in the area of the gender sphere are not judged unilaterally.

Activities of jurors and lay judges

Lay judges exercise the office of judge to the full extent in the main hearing. Together with the professional judges, they decide with equal rights on guilt and punishment, participate in the entire assessment of evidence, and participate in all consultations.

Jurors are only active to the extent that the Code of Criminal Procedure provides for the jury court. Their central task is the decision on the question of guilt in the legally regulated questioning procedure. The professional judges then determine the legal consequences on this basis.

The legal requirements for the selection, appointment, and participation of jurors and lay judges are regulated by the Jury and Lay Judge Act 1990.

Requirements for jurors and lay judges

The office of a juror or lay judge is an honorary office and a civic duty. It is the legally prescribed participation of the population in the administration of justice. Only Austrian citizens between 25 and 65 years who are physically able to follow a trial and who have sufficient command of the court language may be appointed.

Excluded from office are, among others, persons with uncanceled court convictions, persons with ongoing serious criminal proceedings, as well as members of the judiciary and law enforcement, in particular judges, public prosecutors, lawyers, notaries, police officers, and employees of the judicial administration. Also, persons without a main residence in Austria may not be appointed.

Chair, consultation, and voting

In every jury and lay judge court, a professional judge chairs the court. He leads the hearing, the consultation, and the voting and determines the formulation of the questions on which jurors and lay judges vote.

A consultation must take place before each decision. First, the jurors and lay judges cast their votes, then the professional judges, with the chairman voting last. A abstention is generally inadmissible.

These rules arise directly from the Code of Criminal Procedure and bind jurors, lay judges, and professional judges equally.

The court makes its decisions by a majority of votes. In the event of a tie, the court chooses the more favorable opinion for the defendant. In the lay judge court responsible according to § 32 Paragraph 1 of the Code of Criminal Procedure, the vote of the chairman prevents the court from making a detrimental decision on guilt for the defendant.

Decisions outside the main hearing

Even if a jury or lay judge court decides in the main hearing, the control of the investigation proceedings lies with a single judge. The presiding professional judge decides alone on remand in custody, house searches, seizures, telephone surveillance, access to files, and the admissibility of investigative measures. Thus, the entire investigative pressure is judicially controlled even before the main hearing.

Hierarchy of Courts

In these proceedings, the Regional Court is the sole instance of fact. The entire taking of evidence takes place exclusively there. An appeal on points of nullity to the Supreme Court and an appeal to the Higher Regional Court can be lodged against a judgment. The Supreme Court examines errors of law and procedural defects, the Higher Regional Court the determination of the penalty and legal consequences. The question of guilt is not re-established in the appellate instance.

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Your Benefits with Legal Representation

Criminal proceedings before the Regional Court as a jury or lay judge court are the most intensive form of state criminal authority. The penalties are high, the interventions in fundamental rights are massive, and many decisive course settings fall long before the main hearing.

A defense by counsel contributes to ensuring that

• the legally prescribed form of judgment is examined,
• possible composition errors are recognized and taken up in due time,
• the jurisdiction is not accepted without examination,
• the taking of evidence is structured and not unilaterally shaped by the public prosecutor’s office,
• Statements and submissions are made carefully and do not have a detrimental effect later,
• Legal remedy options are considered from the beginning.

Especially in proceedings before jury or lay judge courts, not only the accusation shapes the outcome, but above all the quality of the defense, whether a procedure remains manageable or gets out of control. In these forms of judgment, court and lay judges form convictions that can hardly be corrected later. An early and structured defense therefore plays a central role.

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FAQ – Frequently Asked Questions

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