Reimbursement of Defense Costs in Austrian Criminal Proceedings

New Rules on Cost Compensation Since August 2024

Reimbursement in the Investigation Stage (§ 196a Austrian Code of Criminal Procedure – StPO)

When do you have a right to reimbursement during the investigation phase?

For the first time, Austrian law now provides for cost reimbursement even in the investigation stage.
If a criminal investigation against you is discontinued (dropped), you may be entitled to reimbursement of your defense lawyer’s fees and necessary expenses, provided certain conditions are met.

How is the reimbursement amount determined?

The reimbursement is based on the necessary effort and complexity of the case, subject to statutory maximum limits:

Standard maximum: €6,000, for complex cases: up to €9,000, for exceptionally extensive cases: up to €12,000
The authorities assess the scope of the investigation and the legal and factual complexity before determining the reimbursable amount.

When is reimbursement excluded?

When is reimbursement excluded?

• You caused the investigation through intentionally false statements, or
• The discontinuation of proceedings is based on reasons not confirming your innocence (for example, diversion or settlement).

Reimbursement After Acquittal (§ 393a Austrian Code of Criminal Procedure – StPO)

Who can claim reimbursement after an acquittal?

If you are acquitted by an Austrian court, you are entitled to partial reimbursement of your defense costs by the state.
This applies to public prosecutions, but not to private prosecutions or cases initiated solely by private complainants.

The reimbursement covers your necessary legal defense costs and reasonable out-of-pocket expenses.

How is the reimbursement calculated?

The amount depends on:

• The scope of the proceedings
• The complexity of legal and factual issues
• The necessity and appropriateness of the defense efforts

Statutory maximum limits:

1. Proceedings before the Regional Court (jury or lay judge cases): up to €30,000
2. Proceedings before a single judge at the Regional Court: up to €13,000
3. Proceedings before the District Court: up to €5,000

For particularly extensive or complex proceedings, these limits may be increased by 50%, and in exceptional cases even doubled.

When is reimbursement excluded?

You are not entitled to reimbursement if:

• You deliberately caused the suspicion leading to the proceedings,
• The offense was committed while legally insane or unaccountable,
• Criminal liability ceased after the indictment was filed (for example, due to legal changes), or
• The authorization to prosecute was withdrawn during the main hearing.

How to Apply for Reimbursement

A written application must be submitted within three years after you are notified of the decision that ends the proceedings. Importantly, the new regulation applies retroactively: Claims can also be made for cases finalized on or after 1 January 2024, even if the law took effect only on 1 August 2024. Applications may be filed with the public prosecutor’s office or the court that handled the case.

Practical Assessment and Conclusion

The reform of defense cost reimbursement represents a welcome step toward greater fairness in Austrian criminal proceedings. The maximum reimbursement amounts have been significantly increased, and — for the first time — defendants can now also claim compensation after an investigation is discontinued. However, the statutory caps still fall short of covering the true costs in complex and large-scale white-collar cases. In such proceedings, full compensation remains the exception rather than the rule.

Need Legal Assistance with Your Defense Cost Claim?

If your criminal case in Austria was dropped or if you were acquitted, you may be entitled to partial reimbursement of your legal defense costs. Navigating these claims can be complex — especially in white-collar or financial criminal proceedings. As an experienced Austrian defense attorney for economic and financial crime, I support clients throughout all stages of the criminal process — from investigation to reimbursement of defense costs.
Contact me today for a confidential consultation to ensure that your rights are protected and your reimbursement claim is properly asserted.