Bludenz in focus: OGH checks the abuse of office against Mayor Tschann

Bludenz in focus: OGH checks the abuse of office against Mayor Tschann

Fohrenburgstraße, Bludenz, Österreich - The case of the Mayor of Bludenz, Simon Tschann, who belongs to the ÖVP, is currently the focus of the Supreme Court (OGH). As Vol.at , Tschann has against a judgment of the Feldkirch State Court, which in December 2024 has a conditional prison sentence of eleven months for office abuse and false Concept imposed, nullity complaint. The public prosecutor's office has appealed because it considers the amount of punishment too low.

In the coming weeks, the OGH will examine the case, whereby the discussion about Tschann's possible legal consequences for other mayors in Vorarlberg will gain journey. A main question will be whether the Innsbruck Higher Regional Court confirms the judgment without further negotiations or whether it orders the judgment and a new procedure before the Feldkirch Regional Court.

background of the indictment

The background of the indictment revolves around a building permit for a residential complex in Fohrenburgstrasse in Bludenz. In 2021, Tschann is said to have granted a building permit and a consideration of the building distance in his function as building authority, without being given a sufficient legal basis. These processes were reported by the SPÖ, which led to a nationwide discussion about the responsibilities of officials.

In connection with such allegations, experts recommend quick legal support. According to ra-rauf.at , affected officials should immediately consult a specialized criminal defense lawyer in order to defend themselves against the allegations. An experienced lawyer can make strategic decisions and try to invalidate the intent according to § 302 StGB. Evidence such as service statements or testimony could be decisive.

possible effects and defense strategies

The defense of Tschann could also rely on the argument that he rely on false information if he actually issued an illegal building permit. In the event of an overwhelming evidence, the strategy could even aim at a confession and willingness to make amends to achieve a milder punishment.

Another aspect is that since 2014, lighter cases of abuse of office can also be completed by diversion, which enables the procedure to be terminated without conviction. However, a court can also reject the diversion to set an example, as was demonstrated in a Viennese case.