No Diversion: Police Officer in Upper Austria Must Appear in Court Again After False Report

The officer had initially gotten away with a diversion at the Linz Regional Court in early February. This was successfully contested by the public prosecutor's office, which felt misled by the man. The Linz Higher Regional Court sent the case back to the start.

The case centers on an arson in a residential building in February 2024 in the Urfahr-Umgebung district. According to an expert report, a flammable liquid had been spilled and ignited on a sofa. The investigating police officer is said to have deliberately withheld essential file components from the public prosecutor's office. As a result, the proceedings, which were initially conducted against unknown perpetrators, were initially discontinued and only resumed after a submission by the victims.

No Diversion for Police Officer After All

The investigation results implicated a colleague of the police officer, whom he only knew by hearsay. This colleague was eventually also charged with arson but was acquitted due to lack of evidence. The investigator was charged with abuse of office. He expressed remorse and spoke of a "blackout" and "personal failure." The court believed him that it was a one-time mistake and granted him a diversion after paying a fine of 2,700 euros.

The public prosecutor's office filed a complaint against this. They argued that this undermined the prosecution. The Linz Higher Regional Court upheld their complaint. The case will now be retried. The police officer must again answer to the charge of abuse of office on Tuesday, April 15. The penalty range is between six months and five years imprisonment.

(APA/Red)

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