Criminal Defence & Victim Representation
I undertake the criminal defence of your matter throughout the entire proceedings, from the first questioning by the criminal police, through the main hearing, to the filing and conduct of legal remedies, and up to the appeal hearing. I represent primarily in Vienna and Lower Austria, but, if required, also in other Austrian federal states. I support private individuals and companies in investigative proceedings, in particular in the event of house searches and seizures of data storage media, both in core criminal law and in white-collar criminal proceedings. As victim’s counsel, I enforce your civil-law claims already within the criminal court proceedings and join the proceedings for you as a private party (Privatbeteiligte/r). In addition, I accompany the assertion of civil-law claims in subsequent or parallel proceedings.
Key focuses
- Investigative proceedings, house search, questioning of the accused
- Pre-trial detention, review of detention, complaints against detention
- Main hearing, legal remedies (appeal/nullity complaint)
- Execution of sentence, electronically monitored house arrest, conditional release
- Extradition / legal assistance
- White-collar criminal law & corporate criminal liability (VbVG)
- Active repentance
- Compliance support and review of criminal liability risks within the company
- Victim representation / private party participation (incl. subsequent civil-law claims)
Working method: Quickly available, carefully prepared, clear communication.
Immediate assistance
In the case of house searches, arrests, seizures (e.g. mobile phone) as well as in urgent matters, I can also be reached outside office hours at +43 664 182 58 16.
Please also indicate the urgency in the chat, then I will call back as soon as possible.
FAQ
There is a house search at my place, how should I proceed?
It is best to involve a criminal defence lawyer immediately. Remain calm, do not make any spontaneous statements on the matter, and document which items and data storage media were taken. Afterwards, a criminal defence lawyer should promptly examine whether the house search and seizures were lawful and which steps are possible.
I have received a summons as an accused person, do I have to testify to the police?
As an accused person you do not have to make any statements on the matter. Without prior coordination with a criminal defence lawyer, statements regarding the allegation during a formal interrogation are generally not advisable, as imprudent statements are later difficult to correct. Whether and in what form a statement is sensible depends on the file situation; often a written statement via the defence lawyer is recommended.
Criminal proceedings are pending against me, is there a risk of pre-trial detention?
Pre-trial detention requires specific grounds for detention and is ordered only if less severe measures are not sufficient. Whether a risk exists for you depends, among other things, on the allegation, the threatened penalty, the course of the proceedings to date, as well as your personal circumstances. Decisive is swift, well-founded action against assumed grounds for detention and the showing of less severe measures. Early advice from a criminal defence lawyer helps you coordinate the next steps strategically and reduce detention-relevant risks.
What does private party participation (Privatbeteiligung) in criminal proceedings mean?
Private party participation means that victims of criminal offences can join the criminal proceedings with their civil-law claims, such as damages and pain and suffering compensation. The claims should be described as concretely as possible. If an exact quantification is not yet possible at that time, it can be submitted at the latest at the main hearing. Early coordination on strategy and securing of evidence is advisable.
Am I, as managing director, responsible for criminal offences in my company?
Whether you, as managing director, are personally criminally liable depends on the specific allegation, your actual role, internal responsibilities and the state of knowledge at the time of the events. In addition to individual liability, in certain constellations liability of the entity under the Corporate Responsibility Act (Verbandsverantwortlichkeitsgesetz, VbVG) may also be at issue. Decisive are documentation, decision-making processes, delegation and control measures. A robust assessment is regularly possible only after review of the file situation.
What is active repentance?
Active repentance is a legal institute and can lead to the exclusion of criminal liability if the damage is made good in time, voluntarily and in full. It is particularly relevant in property offences (e.g. theft, fraud, embezzlement), but can also be relevant for certain other offences. Whether active repentance is possible in the specific case depends on the criminal offence and the stage of the proceedings and should be legally examined before further steps.