Significant Increase in Reimbursement of Legal Costs in Criminal Proceedings

Reimbursement of costs in the event of an acquittal in criminal proceedings will be significantly increased. In extreme cases, up to 60,000 euros can be added to legal fees, according to a draft law presented by Justice Minister Alma Zadic (Greens) and Constitutional Minister Karoline Edtstadler (ÖVP) on Wednesday after the Council of Ministers. In addition, criminal proceedings that have been stopped will be introduced for the first time.

It has been known for a long time that the Ministry of Finance is providing an additional 70 million euros available for the reimbursement of expenses this year. This corresponds to a thirtyfold increase in resources. For a long time, however, there was a debate in the coalition about the best way to distribute the extra money.

It is now irreversible: in the case of acquittals in district courts, the compensation has increased fivefold from 1,000 to up to 5,000 euros. In complex cases, the contribution can be increased by another 50 percent, and in very complex cases even by 100 percent. In the case of an acquittal in regional courts with one judge, the award can be up to 13,000 euros; so far it has been at a maximum of 3,000. Here too, in complex cases, more than 50 or 100 percent is possible.

The highest reimbursement of costs occurs in complex cases decided by lay judges or juries. In principle, up to 30,000 euros is given here. In complex procedures, this value can be exceeded by half, ie reaching 45,000 euros. In very complex cases, up to 60,000 euros of defense costs should be subsidized. There is 6,000 euros if the investigation is stopped.

The complexity should depend on length and scope. The starting point is the so-called normal procedure, which is described in the interpretations to the law. The judge decides on the amount of compensation.

After the government meeting, Justice Minister Zadic spoke of “a decisive step for the rule of law and justice.” Given the high costs of defense lawyers, it was necessary to take measures. Hundreds of thousands of euros, such as those given to animal rights activists at one time, are mortgages for those affected.

So far, the reimbursement of expenses has been “ridiculous,” Edtstadler said. Those affected were left with almost all of their expenses. It’s not about paying lawyers’ fees, but ensuring adequate representation. The regulation that was decided now applies retroactively until the beginning of the year.

The President of the Austrian Bar Association (ÖRAK), Armenak Utudjian, spoke to the APA about “a big step in the right direction and towards more rule of law”. A suitable solution was found within the available budget. “However, it is still only a contribution to the costs, not reimbursement of costs.” It is now also necessary to see whether the available budget costs are being used – if that is not the case, one must look at the matter again and perhaps make improvements.

Due to the retroactive effect of the regulation until the beginning of the year, the president of the association of judges, Gernot Kanduth, expects “a lot of extra effort” for the judges. If the law comes into effect in the coming months, several retroactive applications for the return of costs would probably be submitted to the court in one fall. In addition to the positions that have not already been filled, this “opens another hole,” Kanduth told the APA. “It will be a challenge at first.” This would probably speed up procedures. At the same time, Kanduth appealed for the necessary posts to be filled as soon as possible.