Deadline for Appeal Against WKStA Indictment Against Benko Running

If an objection is made against the WKStA charges against Rene Benko, the Higher Regional Court (OLG) Innsbruck would be forced to address it, whereby the alleged criminal acts would also have to be examined for their validity. This process would delay the progress of the legal proceedings and thus the scheduling of a main hearing.

Charges Accuse Benko of Fraudulent Bankruptcy

The WKStA accuses Benko of concealing assets during the insolvency of his company network, thereby harming creditors. On one hand, it concerns an advance payment of rent and operating costs amounting to approximately 360,000 euros for the rental of a house on the Innsbruck Hungerburg, with the amount being "economically and factually unjustifiable" according to the WKStA, and on the other hand, a gift to relatives of 300,000 euros. This results in a total incriminated damage of 660,000 euros. Benko faces a prison sentence of one to a maximum of ten years if convicted.

The first charge is only a partial aspect of the very extensive Signa case, in which the WKStA is currently investigating twelve different strands of facts. In addition to fraudulent bankruptcy, the allegations include breach of trust, serious fraud, creditor favoritism, and subsidy abuse. The WKStA has more than a dozen accused individuals and two associations in its sights. According to the WKStA, the total damage under investigation currently amounts to around 300 million euros.

Benko Remains in Pre-Trial Detention in Vienna After WKStA Charges

Benko remains in pre-trial detention in Vienna for the time being, with the charges filed at the Regional Court of Innsbruck being handled as a so-called detention case according to APA information. The fact that Benko has been in a single cell at the Vienna Josefstadt prison for almost six months is due to the fact that the Vienna Regional Court for Criminal Matters is generally responsible for all WKStA investigation procedures. Thus, the Vienna Regional Court is also responsible for deciding on detention requests from the WKStA. In Benko's case, the prosecution applied for and was granted pre-trial detention at the end of January. From the perspective of the responsible court, there is still a risk of offense with Benko, so the pre-trial detention was recently extended until August 26.

The fraudulent bankruptcy is being tried in Innsbruck because the key actions underlying the indictment took place within the local jurisdiction of the Innsbruck Regional Court. However, legal experts do not rule out that Benko's defense might file a motion for delegation and request the main trial to be moved to Vienna. This request could be justified as it would be a more cost-effective option: Benko would not have to be transferred back to Innsbruck by the judicial guard and housed in the Innsbruck prison, but could remain at his current location until the main trial or a possible new release application by his defense attorney.

Usually Transfer to the Prison of the Competent Court

In principle, the Code of Criminal Procedure stipulates that after the indictment becomes legally effective, the accused must be transferred to the prison of the competent regional court. In this case, it would be the one in Innsbruck - the so-called "Ziegelstadel", where former Finance Minister Karl-Heinz Grasser (FPÖ/then ÖVP-affiliated) is currently serving time. However, this procedure can also be deviated from if, for example, the necessary proximity to the defense attorney is argued.

As Birgit Fink, spokesperson for the Innsbruck Regional Court, explained to the APA, there is also the situation with Benko that he is in pre-trial detention in Vienna not only because of the offense now charged in Innsbruck. This could also lead to a different handling in this case. If the Tyrolean has to serve a prison sentence after the trial, the decision as to where he must serve this time, as usual, lies with the ministry.

Duration of the Trial Against Benko Still Completely Unclear

According to WKStA media spokesperson Alexandra Völkel, it was "difficult to estimate in advance" how many trial days the proceedings would take. According to Fink, this depends on the scope of the file. It is still unclear, for example, how many witnesses the defense intends to call. In any case, a trial date is still up in the air at this point in time.

(APA/Red)

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