Criminal Law Experts

At Harlander & Partner, several experienced criminal defense lawyers assist accused persons, defendants, and victims in investigations or charges by the Public Prosecutor’s OfficeLinz Linz.

The public prosecutor’s office Linz, as an authority of the administration of justice, is responsible for criminal prosecution, while we, as attorneys and criminal defense lawyers, protect the rights of our clients in preliminary proceedings, court proceedings, and detention proceedings.

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Experienced criminal defense lawyers for Linz

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Public Prosecutor’s Office Linz

The Public Prosecutor’s Office Linz conducts the investigative proceedings within the jurisdiction of the Public Prosecutor’s Office Linz.

The Public Prosecutor’s Office Linz decides on the initiation, progress, and termination of the investigative proceedings. It therefore has the sole authority to decide whether charges are brought against a specific person, prosecution is withdrawn, or the proceedings are discontinued.

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Investigations by the Public Prosecutor’s Office Linz

As soon as the Public Prosecutor’s Office becomes aware of an initial suspicion of a judicially punishable act, it must – following the principle of legality – act ex officio and initiate investigations.

As part of the investigations, the Public Prosecutor’s Office Linz issues orders to the criminal police (e.g., covert investigation, autopsy). The Public Prosecutor’s Office can also participate in all investigations conducted by the criminal police, conduct investigations itself, or have them conducted by an expert.

In doing so, the Public Prosecutor’s Office Linz must always act objectively. It must consider exculpatory or mitigating aspects that speak in favor of the suspect or accused, just as much as incriminating or aggravating circumstances.

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Indictment by the Public Prosecutor’s Office Linz

If the investigation proceedings reveal sufficient incriminating evidence and a conviction appears likely, it files an indictment. ​

Depending on the severity of the offense and the jurisdiction of the court, the Public Prosecutor’s Office Linz either submits a motion for prosecution in proceedings before the district court or a single judge at the regional court, or an indictment to the court in the case of more serious offenses before a jury or lay judge court.

With the submission of the criminal complaint or the indictment, the previously accused person becomes the defendant, and the main court hearing takes place. In the main hearing before the court, the Public Prosecutor’s Office Linz assumes the role of the public prosecution.

Judgments and important judicial decisions can generally be challenged by both the Public Prosecutor’s Office Linz and the defendant by means of legal remedies, such as appeal or appeal on points of nullity.

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Fee

Our services in criminal proceedings are always charged according to the lawyer’s tariff. We would be happy to give you an overview of the free initial consultation as part of our expected fee.

IMPORTANT: Criminal defense based on procedural assistance or legal aid is not possible in our law firm.

Legal Expenses Insurance

We would be happy to obtain a coverage request from your legal expenses insurance. If your legal protection insurance provides coverage, we will bill our fee directly with the insurance company.

Reimbursement of defense costs

Fortunately, the law provides for a reimbursement of defense costs in the event of the discontinuance of the investigation proceedings and, staggered according to the competent court, in the event of acquittals in the main proceedings:

• Discontinuance of investigation proceedings: up to €6,000.00
• District Court up to €5,000.00
• Single judge at the Regional Court up to €13,000.00
• Court of Lay Assessors or Jury Court up to €30,000.00

The maximum rates can be exceeded by 50 percent in complex proceedings and by 100 percent in proceedings of extreme scope.

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Video conference

Our law firm is completely digitalized. In everyday life, we work almost exclusively via video conference.

This means that you can discuss your criminal case face to face with our lawyers. You will always receive an appointment at short notice and save yourself the travel time.

Of course, cooperation via telephone or personal appointments at our law firm locations are also possible as an alternative.

Court appointments are excluded from this. These are held in Austria almost exclusively on site in court and not via video conference.

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