Motorway
10.03.2026 | Traffic law
Motorway A motorway is a road marked by a specific traffic sign as a motorway and therefore serves exclusively for fast motor vehicle traffic. The legal foundations are primarily found …
Legal Definitions: Seizure and Confiscation
09.03.2026 | Criminal law
Section 109 of the Code of Criminal Procedure (StPO) contains the binding legal definitions for central coercive measures in criminal proceedings. The norm specifies exactly what is to be understood …
Application for dismissal of investigative proceedings
06.03.2026 | Criminal law
The application for dismissal is a right of the accused, allowing them to request the judicial termination of ongoing investigative proceedings. It applies if either no criminal act has occurred …
Towing
04.03.2026 | Traffic law
Towing In road traffic law, towing refers to the official removal of a vehicle from a road if it obstructs traffic or if such an obstruction is to be expected. …
Simplified Procedure
04.03.2026 | Traffic law
Simplified Procedure Administrative criminal law enables authorities to punish minor administrative offenses quickly and efficiently through abbreviated procedures. In doing so, authorities resolve certain violations directly via on-the-spot fines, anonymous …
Objection on grounds of a violation of rights
27.02.2026 | Criminal law
The objection on grounds of a violation of rights is a formal legal remedy in Austrian criminal proceedings. It enables any person to defend themselves against the violation of a …
Authorisation of coercive measures
26.02.2026 | Criminal law
The authorisation of coercive measures under Section 105 of the Code of Criminal Procedure (StPO) refers to the court’s decision on particularly intrusive measures in investigation proceedings, in particular the …
Judicial Evidence Gathering in Criminal Proceedings
25.02.2026 | Criminal law
Judicial evidence gathering refers to the formal process in which the court itself collects, examines, and establishes its own factual basis for its decisions. Pursuant to Section 104 of the …
Access to files where there is a substantiated legal interest
24.02.2026 | Criminal law
Access to files where there is a substantiated legal interest enables persons outside the traditional parties to the proceedings to obtain access to the results of an investigation or main …
Private Prosecutor
23.02.2026 | Criminal law
The private prosecution refers to proceedings in which the victim personally pursues certain offenses in court, without the public prosecutor’s office conducting preliminary investigations beforehand. According to § 71 StPO, …
Victims’ rights to information in criminal proceedings
20.02.2026 | Criminal law
The right to information obliges law enforcement authorities to inform affected persons early and comprehensibly about their essential rights and their position in the criminal proceedings to inform, as soon …
Civil Claims in Criminal Proceedings
19.02.2026 | Criminal law
Civil claims in criminal proceedings are those civil law claims that a victim may assert directly in criminal proceedings against the accused pursuant to § 69 StPO. This includes claims …
Civil Party Intervention
18.02.2026 | Criminal law
The Civil Party Intervention is the legal instrument by which victims in Austrian criminal proceedings assert their private law claims for damages or compensation. It is based on § 67 …
Contradictory Examination
17.02.2026 | Criminal law
The contradictory examination enables an examination to be conducted at an early stage and under special procedural conditions. This one-time questioning is intended to remain admissible later in the proceedings without the victim having to testify again.
Victim Rights in Criminal Proceedings
17.02.2026 | Criminal law
Victim rights pursuant to Section 66 StPO are the procedural rights of persons harmed by criminal offenses enshrined in law. They ensure that victims in criminal proceedings appear not merely …
Rights of the Defense Counsel in Criminal Proceedings
16.02.2026 | Criminal law
The rights of the defense counsel according to § 57 StPO describe the position and the specific powers of the lawyer representing an accused person in criminal proceedings. They define …
Translation Assistance
13.02.2026 | Criminal law
Translation assistance according to Section 56 StPO ensures that a defendant who does not speak or understand the language of the proceedings can comprehend the content of the criminal proceedings …
Motions for Evidence in Criminal Proceedings
12.02.2026 | Criminal law
A motion for evidence pursuant to Section 55 StPO is the central legal instrument with which the accused in criminal proceedings can actively influence which facts are investigated. It allows …
Prohibition of publication
11.02.2026 | Criminal law
The prohibition of publication pursuant to § 54 StPO regulates the conditions under which defendants and defenders may use information from criminal proceedings that originates from non-public procedural steps. The …
Experts
10.02.2026 | Criminal law
Experts are appointed when special expertise is required that the law enforcement authorities themselves do not have. The expert examines the relevant facts and explains their findings. Their report provides the technical basis for the legal assessment.
Exemption from Testimony and Right to Refuse Testimony
10.02.2026 | Criminal law
Anyone summoned as a witness in criminal proceedings often assumes they must testify. In fact, criminal procedural law provides different mechanisms to protect witnesses from unreasonable burdens. A distinction must be made between exemption from testimony and the right to refuse testimony.
District Court in criminal proceedings
10.02.2026 | Criminal law
§ 156 StPO befreit Zeugen aus bestimmten Gründen von der Pflicht zur Aussage. Die Vorschrift betrifft Aussagen gegenüber der Polizei, der Staatsanwaltschaft und dem Gericht. Ein Zeuge, der unter den …
Refusal to testify
10.02.2026 | Criminal law
The right to refuse to testify is a deliberately created protective instrument. It primarily serves to protect against self-incrimination and to safeguard statutory obligations of confidentiality.
Right of the accused to inspect files
10.02.2026 | Criminal law
In Austrian criminal proceedings, the accused has his own right to inspect files, which enables him to inspect the criminal file concerning him in order to understand what charges are …
Procedure for File Inspection
10.02.2026 | Criminal law
The procedure for file inspection according to § 53 StPO regulates the formal process by which law enforcement authorities decide on applications for file inspection. It determines which authority is …
Victim’s right to inspect files
10.02.2026 | Criminal law
The victim’s right to inspect files pursuant to Section 68 of the German Code of Criminal Procedure enables persons affected by a criminal offense to inspect the criminal file, insofar …
Advisement of Rights
09.02.2026 | Criminal law
The advisement of rights in criminal proceedings obliges law enforcement authorities to inform an accused person early and understandably that investigative proceedings are being conducted against them, what specific suspicion …
Rights of the accused
06.02.2026 | Criminal law
The rights of the accused ensure that a suspect in criminal proceedings is not merely the object of state investigations, but appears as a party to the proceedings with clear …
Supreme Court in criminal proceedings
05.02.2026 | Criminal law
The Supreme Court is the highest court of ordinary jurisdiction in Austria and decides on fundamental legal issues in civil and criminal matters. It ensures a uniform application of the …
Regional Court as a jury and lay judge court
04.02.2026 | Criminal law
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 …