Duration of the Grasser procedure: Right-wing expert Kert raises the alarm!

Duration of the Grasser procedure: Right-wing expert Kert raises the alarm!

The cause around ex-finance minister Karl-Heinz Grasser, who initiated the sale of 60,000 federal apartments 20 years ago, is facing a crucial turn. The appeal procedure at the Supreme Court (OGH) in Vienna starts on Thursday. Grasser, who was sentenced to eight years in prison in 2020, asserts his innocence and hopes for an acquittal, since procedural errors may have occurred in the first judgment. This could lead to the process that has to be re-rolled up, such as Kleine Zeitung reported.

The property manager Grasser was not alone: other prominent characters such as ex-FPÖ general secretary Walter Meischberger and lobbyist Peter Hochegger are part of the procedure. Robert Kert, an expert in criminal law at WU Vienna, criticized the duration of 16 years as "not justifiable" and as "problematic" for the legal system. This is particularly unreasonable for those affected, says Kert in ZiB2. He further explained that the procedure was severely 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 last chapter?

The procedure for the OGH is scheduled for four days and could either remove or confirm the previous judgment. According to Kert, the general power of attorney is generally not tied to the recommendations, which means that the decision of the OGH is not predictable. If the judgment is confirmed, Grasser would have to start his prison sentence immediately, since a possible complaint before 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 judgment. A report by the "Falter" indicates that parts of the Buwog investigations could have been incorporated into the original judgment that has already been discontinued. If this is true, this could result in an acquittal, which again raises the question of the fairness and functionality of the Austrian legal system, such as OE24

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OrtOberster Gerichtshof, Wien, Österreich
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