Legal proceedings in Austria – Frequently Asked Questions
(Click here to read this post in Dutch.)
This post contains answers to some common, frequently asked questions about legal proceedings in Austria:
I have been sued / received a payment order. Do I have to react?
A verdict in Austria. What does it matter?
I have received a summons to appear at a criminal trial, do I really have to go?
I have been indicted. The relevant paragraph states that I will have to spend X years in prison!
A criminal conviction in Austria. Does this matter?
I disagree with the lawsuit / payment order / indictment. Nobody asked me anything, this is not a fair trial!
Why should I pay for an interpreter? I speak some German / English / my friend / brother / lawyer can interpret, right?
Why do we need an expert report – I sent all of the relevant information!
I cannot afford a lawyer. What do I do?
The answers to these questions can be found below. For more specific information, see the other blog posts on this website. The information here is of a purely general nature and does not confer any rights.
1. I have been sued / received a payment order. Do I have to react?
Yes! Simply ignoring a lawsuit or a payment order (Zahlungsbefehl) will typically lead to significant problems that may be unable to be resolved later.
If a defendant in a civil case does not appear at a hearing or fails to react to a payment order, in most cases the court can issue a verdict in absentia (Versäumungsurteil).
The possibilities to fight such a verdict are very limited. As an example, a successful appeal may only be possible if you did not receive the original lawsuit or if an unexpected event beyond your control prevented you from reacting in time.
In a similar way, payment orders cannot be contested after the deadline for doing so has passed.
2. A verdict in Austria. What does it matter?
A verdict of a civil Austrian court can be used to enforce the plaintiff´s claim in other countries. Enforcement proceedings typically do not offer the possibility to contest the legality of a claim (“this is not right, because the product was faulty”, etc.). As a result, it is important to contest claims in the initial civil proceedings.
3. I have received a summons to appear at a criminal trial, do I really have to go?
Yes! If you fail to appear even though you have received a summons, you run the risk of an arrest warrant being issued against you. This would take up an unnecessary amount of time, money and time in custody that may have been fully avoidable.
Under certain circumstances, it is possible to send a representative in the event of minor criminal offences. In addition, it is sometimes possible to ask for a hearing to be moved if you have a legitimate excuse. Work – in principle – is no excuse. What possibilities you have in your situation would need to be separately investigated.
4. I have been indicted. The relevant paragraph states that I will have to spend X years in prison!
An official indictment will always state what you have specifically been indicted for and which paragraph, according to the Public Prosecutor´s Office, applies to your case. This paragraph contains the maximum and – for more severe offences – the minimum sentence.
A conviction does not automatically mean that you will receive the sentence as defined in the paragraph. Frequently, the sentence will be lower and/or partially suspended. This will depend on your statement (whether you have confessed to the facts or not), your background and many factors around the actions for which you have been indicted. For a “repeat offender”, the sentence may even be higher than the maximum sentence. Because of all this, it is highly recommended to carefully prepare for a criminal trial. A poor performance during the trial may have far-reaching consequences.
With light offences, a criminal settlement (Diversion) may be possible. This is an appealing option, because it does not constitute a criminal conviction.
5. A criminal conviction in Austria. Does this matter?
A criminal conviction in Austria may have far-reaching consequences for the person convicted. Besides the risk of a prison sentence, there is the possibility that – next to a penalty – large amounts must be paid to the state, for instance because these have been qualified as profits emanating from the offence. In addition, it is possible that a person is banned from Austria and not allowed to enter the country for a number of years. Finally, a criminal conviction may greatly complicate the possibility to practice certain professions in Austria.
An Austrian conviction can also be relevant in foreign criminal proceedings. Especially in European countries, it is relatively easy to obtain a criminal record from another country. Prior convictions can serve as aggravating circumstances in other countries, the same way that a foreign conviction can lead to a harsher judgment in Austria.
6. I disagree with the lawsuit / payment order / indictment. Nobody asked me anything, this is not a fair trial!
A court summons, a payment order or an order to file a statement of defence (Klagebeantwortung) are all exactly intended to provide you with the opportunity to defend yourself against certain accusations or claims.
If you receive such an order, this should as such not be understood as a conviction. Briefly put: the court has at this point not (yet) ruled whether you have done anything wrong.
The same applies to indictments in criminal law. These are official accusations leveled by the Public Prosecutor´s Office. Only a court can decide about your guilt or innocence.
In short, you will have plenty of opportunity to defend yourself.
7. Why should I pay for an interpreter? I speak some German / English / my friend / brother / lawyer can interpret, right?
As a general rule, people who do not have a sufficient command of German to take part in a hearing need the support of an interpreter.
The importance of an interpreter should not be underestimated; at the same time, one should not overestimate one´s own German skills.
Only people who have obtained proper certification can act as court interpreters. Friends or relatives are not suitable for this role. Similarly, due to his function as someone´s counsel, a lawyer cannot fulfill this role.
An interpreter´s fee is set by the law. The fee can – if a hearing for instance takes multiple hours and the interpreter has to come from a different city – be significant. In civil proceedings, the interpreter is paid by the parties. In criminal proceedings, this is the state, which can however (at least partially) claim the costs from convicted persons.
8. Why do we need an expert report – I sent all of the relevant information!
For an independent court ruling, it is frequently necessary to have an independent expert examine certain topics, such as for instance the injuries resulting from an accident. This court expert can use information that the parties provide – the appointment of a court expert alone can however not typically be prevented by this documentation.
9. I cannot afford a lawyer. What do I do?
People with limited financial means may be able to use so-called Verfahrenshilfe (legal aid) in Austria. This support can be comprehensive: one could be exempted from paying court fees, interpreter fees, be appointed a lawyer, etc.
What is important here, is that the support is necessary for the proceedings at hand. This means that a lawyer is typically only appointed in cases where this is mandatory or seems very necessary. Amongst other things, a lawyer is mandatory in cases where the value of a claim exceeds EUR 5.000 or where the person concerned is in custody.
It is important to note that the person concerned needs to be so limited in financial means, that he or she cannot finance legal proceedings without putting his or her own well-being at risk. This needs to be proven in the request for Verfahrenshilfe.
Important: Verfahrenshilfe does not mean that proceedings become “free”. After a few years, courts will often examine whether the recipient is now able to retroactively pay the costs. In addition, the loser of civil proceedings still has to pay the opponent´s costs, regardless of legal aid.
The author of this post does not offer support with requests for Verfahrenshilfe.
Legal assistance in Austria
I provide legal counsel and representation in Austria, of course fully in English. Feel free to contact me by using the form below, by sending an e-mail to office@vastenburg.at, or by calling me at 0043 6804446590.
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