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Duration of the Grasser proceedings: Legal expert Kert sounds the alarm!
On March 19, 2025, the appeal proceedings against Karl-Heinz Grasser regarding the Buwog affair will begin at the Supreme Court. Experts criticize the length of the process.
Duration of the Grasser proceedings: Legal expert Kert sounds the alarm!
The case surrounding former Finance Minister Karl-Heinz Grasser, who initiated the sale of 60,000 federal apartments 20 years ago, is facing a decisive turning point. The appeal process at the Supreme Court (OGH) in Vienna begins on Thursday. Grasser, who was sentenced to eight years in prison in 2020, maintains his innocence and hopes for an acquittal because there may have been procedural errors in the first verdict. This could result in the process having to be reopened, such as Small newspaper reported.
The property manager Grasser was not alone: other prominent figures such as ex-FPÖ general secretary Walter Meischberger and lobbyist Peter Hochegger are also part of the process. Robert Kert, an expert in criminal law at the WU Vienna, criticized the 16-year duration of the proceedings as “unjustifiable” and “problematic” for the legal system. This is particularly unreasonable for those affected, says Kert in ZiB2. He further explained that the procedure was significantly delayed due to its high complexity and the detailed requirements of the Austrian Code of Criminal Procedure, which is noticeable in comparison to similar procedures in Germany.
Grasser in court: The final chapter?
The proceedings at the Supreme Court are scheduled to last four days and could either overturn or confirm the earlier judgment. According to Kert, the General Procuratorate is fundamentally not bound by the recommendations, which means that the OGH's decision cannot be predicted. If the verdict is confirmed, Grasser would have to begin his prison sentence immediately, as a possible appeal to the European Court of Human Rights (ECHR) has no suspensive effect.
Waiting for the judges: There is currently speculation about possible procedural errors that could have influenced the verdict. A report in “Falter” suggests that parts of the Buwog investigation that have already been discontinued could have been included in the original verdict. If this proves true, it could result in an acquittal, which again raises questions about the fairness and functioning of the Austrian legal system oe24 informed.