Here is the article in markdown format:
Austrian Law on Corporate Crimes and Enforcement
=====================================================
Austria has a comprehensive legal framework to address corporate crimes and ensure their enforcement. Here are key aspects of this framework:
Pursuit of Entities vs Individuals
When it comes to corporate crimes, authorities often focus more on individual perpetrators than the entity itself.
- Individual Focus: Authorities tend to prioritize proceedings against the individuals involved in the crime rather than targeting the company or organization directly.
- Entity as Ancillary: The entity is typically treated as an ancillary target in investigations and prosecutions.
Successor Liability
The Austrian Act on Corporate Criminal Liability applies to successor entities in cases of legal succession. However, if assets are transferred to a single person, making them a sole proprietor, the provision does not apply.
- Legal Succession: The law holds successor entities responsible for crimes committed by their predecessors.
- Sole Proprietorship Exemption: If assets are transferred to an individual and they become a sole proprietor, the law does not apply to them in this context.
Statutes of Limitations
Austria has specific statutes of limitations for civil and criminal claims related to corporate crimes. These limits vary depending on the nature of the offense.
- Civil Claims: Civil claims have a three-year statute of limitations.
- Criminal Offenses: Criminal offenses with serious consequences have a 30-year limitation period.
- Limitation Period: The limitation period begins running from the time of the damaging event or the completion of the criminal act.
- Extension for Continuing Harm: If an offender commits another crime during the limitation period based on the same harmful tendency, the limitation period is extended.
Extraterritorial Jurisdiction
Austrian laws apply to certain offenses committed abroad if they are also punishable under foreign laws. Law enforcement agencies regularly cooperate with international partners.
- Applicability: Austrian laws apply to crimes committed abroad that would be punishable in Austria.
- International Cooperation: Law enforcement agencies collaborate with their counterparts in other countries to address cross-border corporate crimes.
Initiation of Investigations
Most criminal offenses require official action by the public prosecutor’s office or the police upon becoming aware of the case. In some cases, victims must authorize prosecution or file a complaint themselves.
- Official Action: Official investigation usually begins with action from the public prosecutor’s office or the police.
- Victim-Initiated Prosecution: In certain circumstances, victims may need to initiate proceedings by authorizing prosecution or filing a complaint.