Fachgebiet
Criminal defence lawyer in Vienna – criminal law & white-collar crime
Criminal defence in Vienna and throughout Austria – from the first call from the police to the trial. Available around the clock in an emergency.
As an experienced experienced criminal defence lawyer, HÖLLWARTH represents suspects and defendants before all Austrian criminal courts – from the Bezirksgericht (District Court) and the Landesgericht (Regional Court) through to the Oberster Gerichtshof (Supreme Court). The Vienna office specialises in general criminal law, in white-collar and tax criminal law and in representing companies under the Verbandsverantwortlichkeitsgesetz (corporate criminal liability). Clients receive legal support at every stage of the criminal proceedings – starting with the investigation stage, which is where the outcome is effectively decided.
When you should instruct a criminal defence lawyer
As early as possible – ideally before you speak to the police or the public prosecutor’s office for the first time. Three situations in which a defence lawyer should be brought in immediately:
- Summons as a suspect. Attendance is compulsory, making a statement is not. Seek legal advice before the appointment; a postponement is often possible.
- Police search or seizure. HÖLLWARTH can be reached at once if the police are looking for you and attends searches of homes and business premises on site – at companies as well.
- Arrest. Anyone arrested has the right to contact a defence lawyer without delay and to have that lawyer present at questioning. Until then: say nothing about the substance of the case.
In an emergency, HÖLLWARTH is available around the clock: 24/7 emergency number.
Services as a criminal defence lawyer
General criminal law
Defence in cases of bodily harm, manslaughter, murder, threatening behaviour, stalking, robbery, coercion, affray and rape, drug offences and in cases of false accusation. Immediate help if the police are looking for you, in particular support during searches of homes and business premises on site. Defence in all proceedings before every Austrian criminal court and administrative court.
White-collar and tax criminal law
Defence in tax and white-collar criminal matters at every stage of the investigation, including together with trusted tax advisers. Representation in tax disputes at every stage of the proceedings. Advice on Selbstanzeige (voluntary self-disclosure), including representation in professional disciplinary proceedings. Defence in insolvency-related criminal matters, including representation in parallel liability proceedings under tax and social insurance law. Defence in corruption and bribery proceedings, in proceedings concerning Untreue (breach of trust), fraud and misappropriation, and in all accounting offences, including money laundering proceedings.
Companies and compliance
Representation of Austrian companies facing proceedings under the Verbandsverantwortlichkeitsgesetz (corporate criminal liability) or drawn in as liable alongside them. Advice on structuring decisions so that criminal exposure never arises in the first place, and compliance advice.
Today more than ever, running a business carries the risk of coming to the attention of the public prosecutor’s office, the tax investigation authorities or other investigating authorities. Not a day passes without reports of searches of homes and business premises and arrests. Often it emerges only years later that the allegations were unfounded or were set in motion by anonymous a tip-off from a competitor.
The damage a company and its management may suffer is not merely severe, it can destroy the business. That is true above all where the suspect acts in the investigation stage without involving an experienced white-collar defence lawyer. It is precisely at this early stage that the course of any subsequent criminal proceedings is regularly set. An ill-considered statement in a police interview, made without knowledge of the criminally relevant background, can very often cause damage that cannot be undone – above all where the suspect has in fact done nothing wrong. Alongside the damage to reputation, heavy financial losses are a real risk: the seizure of assets can ruin the company concerned within a few days.
For precisely these reasons it is extremely important to involve an experienced white-collar defence lawyer at an early stage. HÖLLWARTH, has extensive, long-standing expertise in white-collar criminal law – whether in preventive advice ahead of criminal investigations or in advice and representation in investigation and criminal proceedings.
More on liability within a company: Criminal and civil liability.
Representing victims: private parties in criminal proceedings
HÖLLWARTH, likewise represents both individuals and companies as civil parties in criminal trials. In that role, civil claims are brought, dealt with on their merits and also awarded within the criminal proceedings themselves, in the criminal case itself. For those affected this saves a great deal of cost and time, because lengthy separate damages actions can be avoided.
How criminal proceedings work in Austria
The investigation stage and the first questioning
The investigation stage does more to decide the outcome than the trial does. An ill-considered statement to the police can hardly be put right. As a suspect you may refuse to make a statement; silence may not be treated as an admission of guilt. Access to the file is the basis of any defence strategy.
Police searches and seizure
Mobile phones and data storage devices can be seized; as a rule, examining them requires judicial authorisation. Legal remedies are available against unlawful seizures.
Arrest and pre-trial detention
Under certain conditions the police may not only make an arrest but also hold the person arrested for up to 48 hours. Within that time the public prosecutor in charge must be informed and must decide whether to apply for pre-trial detention. If an application is made, the person arrested is transferred to a prison. Pre-trial detention is reviewed by the court at short intervals; at every detention hearing an application can be made for release or for a less severe measure.
Charges, trial and appeals
Defence before the Bezirksgericht (District Court), the Landesgericht (Regional Court, sitting as a single judge, a lay-assessor court or a jury court) and in appeal proceedings. Diversion, a suspended sentence and acquittal where the doubt runs in the defendant’s favour are realistic aims depending on the state of the evidence – a careful analysis of the evidence is at the heart of every defence. When an act may be justified is explained in the article Grounds of justification in criminal law.
How much does a criminal defence lawyer cost?
The cost depends on the scope of the proceedings. The fee can be charged at an hourly rate, under the Rechtsanwaltstarif (statutory lawyers’ tariff) or as a flat fee. An initial consultation at the office (about 30–45 minutes) costs from € 300 and can also be booked online.
Legal expenses insurance: Legal expenses insurance can also cover the costs of criminal proceedings. That depends on several circumstances, for example on whether your policy includes criminal law cover. It is also usual for insurers to provide cover only once the proceedings have ended, and in some circumstances the outcome of the proceedings matters as well. Defence costs must be covered in advance, regardless of whether legal expenses insurance will meet them.
Paying for your own defence, or legal aid
A Wahlverteidiger (privately instructed defence lawyer) is engaged by the suspect himself. This is a paid service, and the fee charged for the work done is agreed with the client. Under Verfahrenshilfe in criminal proceedings, the Rechtsanwaltskammer (Bar Association) assigns the suspect or defendant a lawyer free of charge – at the expense of the Republic.
Häufige Fragen
How much does a criminal defence lawyer in Vienna cost?
That depends on the scope of the proceedings. The fee can be charged at an hourly rate, under the Rechtsanwaltstarif (statutory lawyers’ tariff) or as a flat fee. An initial consultation at the office (about 30–45 minutes) costs from € 300 and can also be booked online.
When should I instruct a criminal defence lawyer?
Before your first statement. The earlier, the more options there are.
How long do criminal proceedings take?
That depends largely on the scope of the proceedings and on how long the public prosecutor’s office conducts the investigation.
What is the difference between a privately instructed and a court-appointed defence lawyer?
A Wahlverteidiger (privately instructed defence lawyer) is a paid service, and the fee charged for the work done is agreed with the client. Under Verfahrenshilfe (legal aid) in criminal proceedings, the Rechtsanwaltskammer (Bar Association) assigns the suspect or defendant a lawyer free of charge – at the expense of the Republic.
Do I have to comply with a police summons?
You should as a rule comply with a summons from the police, the public prosecutor’s office or the court – failing to appear without an excuse risks being brought in by force. Turning up does not mean answering questions, however: as a suspect you may refuse to make a statement at any time. It makes sense to seek legal advice before the appointment; a postponement is often possible.
Can I refuse to make a statement to the police?
Yes. As a suspect you have the right to refuse to make any statement at all – nobody has to incriminate themselves. In law, your silence may not be treated as an admission of guilt. Witnesses too may refuse to testify in certain cases, for example so as not to incriminate relatives or themselves.
Do I have a right to see the file as a suspect?
Yes. Suspects and their defence have a right to inspect the investigation file. Only exceptionally – where ongoing investigations would be jeopardised – may access be restricted temporarily; by the time charges are brought at the latest, the entire file is open. Knowing the file is the basis of any defence strategy, particularly before the first statement.
Can the police seize my phone?
Mobile phones can be seized under certain conditions. Since the most recent reform of the Strafprozessordnung (StPO), stricter rules apply to examining the data – as a rule this requires judicial authorisation. Legal remedies are available against an unlawful seizure or examination; the lawfulness should always be checked.
Can I ask for a lawyer immediately after being arrested?
Yes. Anyone arrested has the right to contact a defence lawyer without delay and to have that lawyer present at questioning. Until then: stay calm and say nothing about the substance of the case. You can reach a defence lawyer at night and at weekends too – do not hesitate to exercise this right straight away.
Is an arrest possible without a warrant?
Yes, but only within narrow limits – above all where someone is caught in the act or where there is imminent danger. As a rule an arrest requires an order from the public prosecutor’s office with judicial authorisation. After the arrest the person concerned must be brought before the court within 48 hours at the latest, and the court must decide on detention without delay.
How long may pre-trial detention last?
Pre-trial detention is strictly time-limited and must be reviewed by the court at short intervals – first after 14 days, then after one month and thereafter every two months. Depending on the seriousness of the allegation, maximum periods apply. At every detention hearing an application can be made for release or for a less severe measure, such as bail.
Is a confession always a good idea?
No. A remorseful confession is a statutory mitigating factor, but it should never be made without knowledge of the investigation file. A hasty or false confession can hardly be put right and can damage the defence permanently. Whether and when a confession is strategically right is one of the most important decisions in the proceedings.
Is an acquittal possible despite incriminating evidence?
Yes. Doubt benefits the accused: if substantial doubts remain once the evidence has been taken, there must be an acquittal. Incriminating evidence may also be inadmissible – for example where it was obtained unlawfully – or may prove less solid on close examination than it first appears. What matters is a careful analysis of the evidence.
Is diversion possible for every offence?
No. Diversion requires, among other things, that the degree of guilt is not serious, that the facts have been sufficiently established and that the offence did not result in a person’s death; serious crimes are excluded. Where it applies, the options are a payment to the state, community service, a probationary period or Tatausgleich (victim-offender mediation) – the proceedings end without a judgment and without a criminal conviction.
Does diversion avoid an entry in the criminal record?
Yes. Diversion ends the proceedings without a finding of guilt – there is no conviction and therefore no entry in the criminal record. The criminal record certificate stays clean. That is what makes diversion so valuable, particularly for professions in which an unblemished record is required.
Is a suspended sentence (“on probation”) possible?
Yes. Custodial sentences of up to two years can be suspended in full – the sentence then does not have to be served, as long as there is no reoffending during the probationary period. There are also partly suspended sentences and the conditional suspension of fines. Whether this is an option depends above all on the prognosis and the person’s previous record.
Can I appeal against a criminal judgment?
Yes, but the deadlines are short: notice of appeal must be given within three days of the judgment being pronounced; the appeal itself is filed later. Against judgments of a single judge a full appeal is available; against judgments of lay-assessor and jury courts there are the Nichtigkeitsbeschwerde (plea of nullity) and the appeal against sentence. So never waive your right of appeal hastily once the judgment has been pronounced.
Does an entry in the criminal record affect my career?
It can. Employers often ask for a criminal record certificate, and certain professions have particular reliability requirements. Not every conviction shows up permanently, however: under the rules on spent convictions and on restricted disclosure, many entries are no longer visible on the certificate. The aim of the defence is always to avoid an entry in the first place.