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Court Extends Pre-Trial Detention for Benko

Benko befindet sich in Einzelzelle.
Benko befindet sich in Einzelzelle. ©APA/EXPA/JOHANN GRODER (Symbolbild)
The pre-trial detention for Signa founder René Benko continues. The Vienna Regional Court announced on Thursday the extension of the pre-trial detention, the decision is not legally binding.

The Vienna Regional Court for Criminal Matters has extended the pre-trial detention imposed on Signa founder René Benko on January 24 by another two months. Court spokesman Christoph Zonsics-Kral announced this on Thursday afternoon. The regional court continues to assume urgent suspicion. The reason for detention is considered to be the risk of committing an offense. The decision to continue the pre-trial detention is not legally binding.

The previously additional reason for detention, the risk of collusion, which refers to the influence of co-defendants or the removal of evidence, was no longer accepted by the investigating judge. The ongoing risk of committing an offense is likely primarily related to the fraudulent bankruptcy attributed to Benko. He is alleged to have set aside significant assets with knowledge of the ongoing investigation against him and after insolvency proceedings were opened, thereby impairing the interests of his creditors, which - if this suspicion is substantiated - would fulfill the offense of fraudulent bankruptcy.

No Statement from Benko's Defense

Benko's defense lawyer Norbert Wess and the WKStA initially did not provide a statement on the newly extended pre-trial detention. In principle, an appeal against the decision is possible within three days, which the Vienna Higher Regional Court (OLG) would have to address. The next detention review would have to take place by April 28 at the latest.

Experts familiar with the matter do not expect Benko to be released soon unless he cooperates with the law enforcement authorities. A suspect of a crime punishable by more than five years of imprisonment can be held in pre-trial detention for up to two years if the reason for detention persists, without a main trial being opened against him.

In general, pre-trial detention lasting longer than six months may only be maintained "if this cannot be avoided due to particular difficulties or the special scope of the investigation," as stated in the law. However, the duration of the investigation must be proportionate to the reason for detention. The reason for detention - in this specific case, the risk of committing an offense - must be so serious that release from detention would not be justifiable. Unlike penal detention, where there is an incapacity for execution due to health-medical reasons, the law does not provide for incapacity for detention in pre-trial detention.

Single Cell for Benko

The 47-year-old Tyrolean entrepreneur René Benko was arrested in Innsbruck on January 23 and subsequently transferred to the Vienna-Josefstadt correctional facility. Since then, he has been held there in a single cell.

The allegations by the Economic and Corruption Prosecutor's Office (WKStA), which is extensively investigating Benko, are serious. He is accused of deceiving investors and harming creditors. The WKStA assumes, among other things, breach of trust and fraudulent bankruptcy - the penal code provides for up to ten years of imprisonment for this. According to the existing suspicion, Benko is said to have attempted to shift or conceal remaining assets despite ongoing insolvency proceedings, which also affect him as a private individual. The WKStA assumes that he continued to act as the "de facto power holder and economic beneficiary" of the Laura Private Foundation.

(APA/Red)

This article has been automatically translated, read the original article here.

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