Criminal
Prosecutor-led investigation, with lay judges and juries for serious cases
The Code of Criminal Procedure (StPO) puts the public prosecutor in charge of the investigation, assisted by the criminal police and supervised by a court on coercive measures. Austria retains lay participation: lay assessors (Schöffen) sit for mid-level offences and a jury (Geschworene) decides the most serious crimes.
Key rules
- The public prosecutor (Staatsanwaltschaft) directs the investigation; the criminal police act on its instructions.
- A court authorises and reviews coercive measures such as detention and searches.
- Serious crimes are tried before a jury court (Geschworenengericht); mid-range offences before a lay-assessor court (Schöffengericht).
- The prosecutor may divert minor cases (Diversion) without a conviction, for example against a fine or community service.
Governing law
- Criminal Code (Strafgesetzbuch, StGB) (1974)
- Code of Criminal Procedure (Strafprozessordnung, StPO) (1975)
Penalties and consequences
- Fines expressed in daily rates and custodial sentences
- Diversion measures that avoid a formal conviction for minor offences
In practice
Diversion is a significant feature, letting first-time and minor offenders avoid a criminal record. Jury trials, though limited to the gravest offences, remain a distinctive part of the Austrian system.