Anyone confronted with a criminal allegation should clarify their defence strategy as early as possible. Under the Austrian Code of Criminal Procedure, accused persons have, among other things, the right to be informed of the suspicion, to choose a defence lawyer, to inspect the case file, and to comment on the allegation or to remain silent.
PAULITSCH LAW is a law firm specialising in criminal law and white-collar criminal law in 1010 Vienna. The firm represents accused persons from the investigation stage through the main trial to appellate proceedings and provides support in particular with questionings, house searches, seizures and complex economic and financial criminal cases.
A criminal allegation can have significant consequences within a few hours: a police summons, a house search, the seizure of devices or documents, an arrest, or the opening of an investigation. In this situation, what matters is not only what is said or done, but also when and on what basis of information a defence decision is taken.
The Austrian Code of Criminal Procedure (StPO) grants accused persons central defence rights. These include, in particular, the right to information about the suspicion, the choice of a defence lawyer, access to the file, the right to give evidence or to remain silent, and the right to have a defence lawyer present at questioning. An early legal assessment helps not only to know these rights formally but to use them strategically. § 49 StPO and § 164 StPO form important foundations for this.
When should you contact a criminal defence lawyer in Vienna?
As a general rule: the earlier the state of the proceedings and the evidence are assessed, the more options for action exist. Prompt contact is particularly advisable where concrete investigative measures have already been taken or are imminent.
- You receive a summons from the police, the public prosecutor’s office or a court as an accused person.
- The police or public prosecutor conduct a house search or seize documents, data carriers or other items.
- You are arrested, or the question of pre-trial detention arises.
- You, a company officer, an employee or your company are being investigated for an economic, property, corruption or financial offence.
- A criminal application or an indictment has already been filed, or a main trial has been scheduled.
- After a judgment, it must be examined whether and which appeal is appropriate and admissible.
A strategic review is particularly advisable before any first statement on the substance. Under § 164 StPO, an accused person must be informed before questioning of the suspicion and of the fact that they may comment or remain silent and may consult a defence lawyer beforehand. Statements can serve the defence but can also be used as evidence. Whether an immediate statement, a later written submission, or initially no statement is advisable therefore depends on the specific case.
What rights does an accused person have in Austria?
The rights of the accused are set out in particular in § 49 StPO. For practical purposes, the following points are especially relevant:
- information about the subject matter of the existing suspicion and the essential procedural rights;
- the right to choose a defence lawyer and to contact or consult them;
- access to the file in accordance with the statutory provisions;
- the right to comment on the allegation or to remain silent;
- the right to have a defence lawyer present at questioning;
- the possibility of filing requests to take evidence and of lodging the appeals and remedies provided for by law.
Important during questioning
The right to remain silent is not an admission of guilt. It is a defence right provided for by law. A decision on whether to give a statement should, as far as possible, be based on knowledge of the specific allegation, the state of the proceedings and – where accessible – the case file. Under § 58 StPO, the accused has the right to contact a defence lawyer, to grant them authority and to consult them.
How do criminal proceedings in Vienna typically proceed?
1. Investigation stage
In the investigation stage, the criminal police and the public prosecutor’s office clarify whether a suspicion is substantiated. In this phase, for example, questionings, house searches, seizures, expert opinions and further gathering of evidence may take place. From the defence’s perspective, the early focus is on precisely capturing the allegation, applying for access to the file, securing exculpatory circumstances and developing a consistent defence strategy.
2. Conclusion of the investigation or charges
Depending on the outcome, an investigation may in particular be discontinued, dealt with by way of diversion where the statutory conditions are met, or transferred to court trial proceedings by filing a criminal application or an indictment. A central task of the defence is to work towards a legally and factually correct assessment as early as the investigation stage.
3. Trial stage and main trial
If it comes to a main trial, the charges, the evidence and the defence are dealt with before the court. Professional preparation covers not only the legal argument but also dealing with witnesses, experts, documents, digital evidence and – in white-collar cases – often extensive corporate and financial records.
4. Appellate proceedings
After a court decision, it must be examined which appeals or remedies are available, which time limits are running and which errors or findings can be challenged on legal grounds. The specific appeal strategy depends on the court’s jurisdiction, the form of the decision and the course of the proceedings.
Which criminal courts and public prosecutors are particularly relevant in Vienna?
In Vienna, criminal proceedings are conducted, depending on the offence and jurisdiction, before District Courts or the Regional Court for Criminal Matters Vienna. The Regional Court for Criminal Matters Vienna is generally responsible for misdemeanours and felonies committed in Vienna where the statutory sentencing range meets the jurisdictional requirements stated there; it also decides at second instance on appeals against decisions of the Vienna District Courts in criminal matters.
The Vienna Public Prosecutor’s Office brings and represents charges within the district of the Regional Court. For particularly extensive economic and corruption criminal cases, there is the Central Public Prosecutor’s Office for Combating Economic Crimes and Corruption (WKStA). The Regional Court for Criminal Matters Vienna also has special jurisdiction in connection with proceedings in which the WKStA investigates.
What to do in the event of a house search or seizure?
House searches and seizures are exceptional situations. At the same time, the first minutes often set the course for the further proceedings. Those affected should not obstruct the measure but should consistently safeguard their rights and obtain legal support as quickly as possible.
- Ask to be shown the reason and legal basis of the measure and document which authorities and persons are present.
- Contact a criminal defence lawyer and clarify whether and how legal support is possible at short notice.
- Avoid spontaneous statements justifying yourself on the substance of the allegation before the defence strategy has been clarified.
- Pay attention to which rooms, documents, devices and data are actually recorded and what documentation of the measure is drawn up.
- Where professional secrets, sensitive corporate data and digital evidence are concerned, a particularly careful legal review is required.
For data carriers and data, newly framed rules of criminal procedure have applied since 1 January 2025. PAULITSCH LAW has already covered the new rules on the seizure of mobile phones and the related questions in the Newsroom: New rules on the seizure of mobile phones in criminal proceedings.
Criminal defence in economic and property offences
White-collar criminal proceedings differ from many classic criminal proceedings in their complexity. Often, criminal, corporate, tax and business-management questions have to be assessed together. Added to this are large volumes of data, internal communication, expert opinions and international facts.
PAULITSCH LAW advises and defends in particular in allegations connected with fraud, breach of trust, misappropriation, money laundering, corruption, financial criminal law, insolvency criminal law, corporate criminal liability, as well as crypto and cybercrime. Internal investigations and compliance questions can also be closely linked to criminal proceedings. More on this: White-collar criminal law at PAULITSCH LAW.
What makes a good criminal defence strategy?
An effective criminal defence does not consist of a single written submission or a single appearance at the main trial. It combines procedural law, factual analysis, evidence strategy and communication. Depending on the case, the following questions are particularly to the fore:
- What exactly is alleged, and which elements of the offence would the prosecuting authority have to prove?
- What evidence exists, what is missing, and which exculpatory evidence can be secured or requested?
- Is a statement advisable – and if so, at what time and in what form?
- Are coercive measures lawful and proportionate, and are remedies available against them?
- Which economic, professional or reputational side effects must be taken into account in parallel?
- Which conclusion of the proceedings is realistic, and by what steps can it be pursued?
Particularly in complex proceedings, consistency is important: statements, written submissions, internal review, communication with authorities and – where relevant – public communication should not take place in isolation from one another.
Why PAULITSCH LAW for criminal defence in Vienna?
PAULITSCH LAW has its office at Hoher Markt 8–9 in 1010 Vienna and specialises in criminal law, white-collar criminal law and compliance. The firm accompanies clients through all phases of criminal proceedings – from the first questioning and the investigation stage through the main trial to appellate proceedings. More on the criminal law practice area.
PAULITSCH LAW – at a glance
Focus areas: criminal law, white-collar criminal law, compliance, crypto & cybercrime Location: Hoher Markt 8–9, Staircase 2, 2nd floor, Unit 10, 1010 Vienna · Entrance: Judengasse 1 Contact: +43 1 361 4007 · office@paulitsch.law Representation: investigation proceedings, questionings, coercive measures, the main trial, appeals, as well as economic and financial criminal proceedings
FAQ on criminal defence in Vienna
Yes. § 49 StPO expressly names the right to comment on the allegation or to remain silent. Before questioning, the accused must be informed of this right under § 164 StPO. Whether and when a statement is strategically advisable should be assessed on the basis of the specific proceedings.
As a rule, yes. § 164 para 2 StPO provides for the right to have a defence lawyer present at questioning. For individual exceptional situations there are statutory possibilities of restriction; these are narrowly regulated.
As early as possible – in particular in the event of a summons as an accused person, a house search, a seizure or confiscation, an arrest, an indictment or a complex white-collar allegation. Early advice creates clarity about rights, time limits and defence options.
The defence lawyer clarifies the allegation and the state of the proceedings, applies for access to the file, examines investigative measures, develops the statement and evidence strategy, files applications or submissions, and represents the accused vis-à-vis the police, the public prosecutor’s office and the court.
The measure should not be obstructed. At the same time, the reason, scope and course should be documented and reviewed by a lawyer as quickly as possible. Spontaneous statements on the substance of the allegation should be avoided until the defence strategy has been clarified.
White-collar criminal law concerns criminal allegations with an economic or business context, such as fraud, breach of trust, corruption, money laundering, financial offences or corporate criminal liability. Such proceedings often require additional understanding of business processes, finances, compliance and large volumes of data.
Depending on the case, the criminal police and the public prosecutor’s office investigate in particular. Court criminal proceedings are conducted – depending on jurisdiction and sentencing range – before Vienna District Courts or the Regional Court for Criminal Matters Vienna. For certain large economic and corruption cases, the WKStA is responsible.
The key indicators are a clear specialisation in criminal law and white-collar criminal law, demonstrable experience in investigation proceedings, main trials and appellate proceedings, fast availability in acute coercive measures such as an arrest or a house search, and transparent information on costs. PAULITSCH LAW specialises in criminal law, white-collar criminal law and compliance and assists accused persons in all phases of criminal proceedings in Vienna.
The costs depend in particular on the scope, urgency and complexity of the proceedings and on the time required. It is advisable to clarify the fee basis, the expected next steps and an initial cost estimate transparently as early as possible.
Contact: criminal defence in Vienna
In the event of a summons, an ongoing investigation or an acute coercive measure, you can contact PAULITSCH LAW on +43 1 361 4007 or office@paulitsch.law. The firm is located at Hoher Markt 8–9, 1010 Vienna. Contact and appointment scheduling.
Paulitsch Law is a criminal law firm specialising in white-collar criminal law, compliance and cybercrime, based in Vienna 1010. The firm advises and represents private individuals, companies and their officers in all criminal matters – from the first questioning through to proceedings before the Supreme Court.
Location: Hoher Markt 8–9, Staircase 2, 2nd floor, Unit 10, 1010 Vienna · Entrance: Judengasse 1
Contact: +43 1 361 4007 · office@paulitsch.law
Representation: investigation proceedings, questionings, coercive measures, the main trial, appeals, as well as economic and financial criminal proceedings
Author: Dr. Heidemarie Paulitsch, Attorney-at-Law (Rechtsanwältin). She specialises in criminal law, white-collar criminal law and compliance and represents accused persons in all phases of criminal proceedings – from the first questioning to appellate proceedings.
Legal notice: This article is intended for general information and does not replace individual legal advice. The statements reflect the legal situation as at 7.8.2026. For the assessment of your specific case, please contact a lawyer. Note: This article provides general information on Austrian criminal procedure and does not replace advice in an individual case. The legal situation and defence strategy must always be examined on the basis of the specific facts and the current state of the law.
Legal bases and further information
RIS: § 49 StPO – Rights of the accused
RIS: § 58 StPO – Authorisation of the defence lawyer
RIS: § 164 StPO – Questioning of the accused
Justice: Regional Court for Criminal Matters Vienna – Jurisdiction
Justice: Vienna Public Prosecutor’s Office – Jurisdiction
Justice: Central Public Prosecutor’s Office for Combating Economic Crimes and Corruption
