New defence cost contribution is intended to ensure more individual assessments – No more confiscation of mobile phones without judicial approval
Vienna (OTS) – “Today’s Justice Committee will set the course for a modernized criminal law, which will bring about more individual assessments of defense cost contributions and a strengthening of the protection of fundamental rights and the rights of the accused,” emphasize National Council member Michaela Steinacker, chairwoman of the Justice Committee and ÖVP justice spokesperson, and ÖVP representative Klaus Fürlinger, committee member and lawyer. These are “long overdue steps that we are now taking,” Steinacker continues.
Redesign and expansion of the defence cost contribution
“In the event of an acquittal, the newly designed and expanded defense cost contribution is to be noticeably increased; in the case of lengthy proceedings, the set limits should also be able to be exceeded. In addition, a claim for compensation should be introduced if an investigation is discontinued, which can also be increased if necessary,” says Fürlinger. It is planned that this will come into force retroactively from January 1, 2024. The ÖVP MP adds: “In the case of discontinuance of proceedings, the upper limit for the defense cost contribution will be 6,000 euros, but – in the case of complex or lengthy proceedings or proceedings with a particularly large scope – it can also be increased by half or even doubled.”
According to Fürlinger, in the case of acquittals, there will be a significant increase in the contribution to defense costs. Likewise, if the proceedings take longer or are extremely extensive, there will be the possibility of an increase of half or double. In future, the flat rates for acquittals will be increased sixfold or threefold for lay judges and jury proceedings from the current 5,000 and 10,000 euros to a standard 30,000 euros. In the case of single judge proceedings at regional courts, an increase from 3,000 to 13,000 euros is planned, which is more than four times as much. In district courts, the flat rate maximum rates for acquittals will be increased fivefold from the current 1,000 to 5,000 euros. “With these new regulations, we are creating the framework for more individual and adequate assessments of the contribution to defense costs,” says Fürlinger.
Seizure of mobile phones and mobile data storage devices only with judicial authorisation
“The protection of fundamental rights and the necessary strengthening of the rights of the accused in criminal proceedings are essential elements of a functioning constitutional state such as Austria. After the Constitutional Court ruled that the confiscation of mobile phones or mobile data storage devices in criminal proceedings without prior judicial approval is unconstitutional, we felt the need to act. The prior approval by a judge that is now required will ensure appropriate respect for data protection law and the right to private and family life,” says Michaela Steinacker.
“The judicial reservation and proportionality are essential in this change to criminal procedural law. In future, when mobile data storage devices are seized, there will be an obligation to restrict the data categories, data content and the time period to be covered,” emphasises the National Council member of the People’s Party. After a data storage device has been seized, forensic scientists should then prepare exactly those categories and contents of data from the specific time period that have been approved by the judge. “And only these data will be made available to investigators. No holiday photos or personal content. This ensures that personal rights are protected – transparently and comprehensibly,” Steinacker continues.
The two MPs concluded: “We as a people’s party stand for a strong constitutional state. We will continue to fight for this with all our strength.” (End)
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