Active repentance is a powerful legal instrument in Austrian criminal law. It gives an offender the opportunity, under certain conditions, to avoid prosecution by voluntarily compensating for the financial damage caused by an offense.
This principle is regulated in Section 167(1) of the Austrian Criminal Code (StGB) and applies mainly to property and white-collar offenses, such as:
- Theft (§ 127 StGB)
- Embezzlement (§ 133 StGB)
- Fraud (§ 146 StGB)
- Breach of trust (§ 153 StGB)
- Fraudulent bankruptcy (§ 156b StGB)
Legal Requirements for Active Repentance
For § 167 StGB to apply, all of the following conditions must be fulfilled:
- The offense is completed: The criminal act must already be concluded.
- No official investigation has started: No report or criminal proceedings may yet have been initiated.
- Voluntary restitution: The offender must act on their own initiative, not under pressure from authorities.
- Full compensation of damages: The total financial loss must be repaid.
Restitution can be made by direct payment to the victim or by submitting a voluntary self-disclosure to the competent authority, in which the offender admits the wrongdoing and deposits the full amount of the damage.
An act is considered voluntary if it is not forced by official action. Even when a victim threatens to file a civil or criminal complaint, voluntariness may still be accepted.
Restitution is complete once the injured party has been restored to the same financial position as before the offense. In complex financial cases, determining the exact damage can be difficult — it is often advisable to pay a slightly higher amount to ensure immunity from prosecution is not lost.
Importance in White-Collar Criminal Defense
In Austrian white-collar crime cases, active repentance often plays a decisive role — for example in cases of fraud, embezzlement, or breach of trust. A swift and complete repayment can in many instances prevent criminal proceedings altogether.
An experienced Austrian criminal defense lawyer can determine whether the legal requirements for exemption from punishment are met. In practice, victims sometimes overestimate the financial damage or make exaggerated demands. A lawyer specializing in economic and financial criminal law can accurately assess the real loss and help you structure an effective restitution strategy.
Conclusion
Section 167 StGB – Active Repentance – offers a legal way out for those who take responsibility and make prompt, voluntary restitution. When the conditions are met, this provision allows offenders to remain completely free from punishment under Austrian criminal law.
Take Action Now – Protect Your Future
If you believe you may have committed an economic or financial offense, time is critical. Through active repentance under § 167 StGB, you may still be able to avoid criminal charges — but only if you act quickly and with professional guidance.
As an experienced defense attorney for white-collar and economic crime in Austria, I will assess your situation confidentially, evaluate your options, and guide you through every legal step.
Contact me now for a confidential consultation.
Mag. Markus Weisser
Attorney at law
Mag. Markus Weisser has been practicing criminal law for several years. His work covers a broad range of focus areas, and he also regularly gives lectures on various legal topics.
FAQ
When is restitution considered “voluntary”?
The term is interpreted broadly. However, voluntariness no longer exists if restitution is made as a result of an official order (e.g. a court payment order).
Is active remorse excluded if I cannot repay the damage in one instalment?
No. Once the investigative authorities have knowledge of the offence, active remorse under § 167 StGB is excluded.
Can I still exercise active remorse after a report has been filed?
No. The fact that the offender cannot repay the damage in one payment does not automatically exclude active remorse. In some cases, a contractual obligation to make full restitution is sufficient.
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