Austrian Law Enforcement Agencies Crack Down on Corporate Crime

Austrian law enforcement agencies have been working diligently to combat corporate crime by identifying and prosecuting individuals and entities responsible for illegal activities.

Attempted Crimes

Under Austrian law, attempting to commit a crime is punishable. The attempt must be intentional and there must be at least one objective element of the offence missing. The perpetrator must also have acted with full intent to commit the crime and taken an act of execution towards committing it.

• While attempted crimes may not carry the same level of punishment as completed crimes, they are still considered a serious offense and can result in significant penalties.
• The fact that there was merely an attempt does not affect the threat of punishment, and courts must take this into account when imposing sentences.

Misprision

In addition to attempted crimes, Austrian law also criminalizes misprision, or the act of attempting to conceal or destroy evidence of a crime. This offense is punishable by up to five years in prison.

Extraterritorial Jurisdiction

Austrian law enforcement agencies have jurisdiction to enforce their authority outside the country’s territory for certain business crimes. Under Austrian criminal laws, certain offenses committed abroad are punishable under Austrian law, regardless of the criminal laws of the place where the offense was committed.

• This extraterritorial jurisdiction allows Austrian authorities to investigate and prosecute crimes that may have occurred in other countries, as long as they meet certain criteria set out by Austrian law.
• It has enabled Austrian authorities to work closely with international partners to combat cross-border crime.

Initiation of Investigations

Most criminal offenses are official offenses, which means that the public prosecutor’s office or the criminal police must act when it becomes aware of a case. In some cases, victims of crimes may also be authorized to file criminal complaints themselves.

• Austrian law enforcement agencies have established rules and guidelines governing the initiation of investigations, including procedures for gathering evidence and conducting interviews with witnesses.
• Third parties can learn how an investigation began or obtain initial file documents through Freedom of Information requests, subject to certain exceptions and limitations.

Statutes of Limitations

In Austria, the statute of limitations for criminal offenses varies depending on the threat of punishment. For example:

• The limitation period is one year if the threat of punishment is no more than six months.

• Three years if the threat of punishment is no more than one year.

• Five years if the threat of punishment is no more than five years.

• The statute of limitations does not begin to run for ongoing offenses, and can be extended if a defendant commits another criminal offense during the limitation period based on the same harmful tendency.

Cooperation with International Partners

Austrian law enforcement agencies regularly cooperate with international partners to combat cross-border crime. This cooperation includes:

• Exchanging information
• Conducting joint investigations
• Providing mutual legal assistance

By working together with international partners, Austrian authorities are better equipped to identify and prosecute corporate criminals, regardless of where they may be located.