OGH Following Grasser Verdict in Action

Following the written judgment by the Supreme Court (OGH), the Vienna Regional Criminal Court comes into play again, as there have been partial annulments in the OGH ruling that are sent back to the first instance.

Partial annulments of the first-instance judgments against Grasser and Co. return to the Vienna Regional Criminal Court

There, a judge will be appointed for the retrial, who will then schedule the hearing. It is then up to the Economic and Corruption Prosecutor's Office (WKStA) to decide whether the charges in the partial annulments will be upheld. Since the most serious charge - breach of trust - has already been legally decided and the remaining charges carry a much lower penalty, the WKStA might refrain from filing new charges. When this decision might be made is currently open according to the WKStA. The reasons for the partial annulments, according to the OGH, were "legal errors due to lack of findings, on the one hand regarding individual elements of the offense and on the other hand regarding the clarification of the occurrence of statute of limitations." For Grasser, who was sentenced to four years in prison in the Buwog and Terminal Tower Linz cases, it now means waiting for the written summons to begin his sentence.

(APA/Red)

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