Fraud under Austrian Criminal Law (§ 146 StGB)

Fraud is one of the most common offenses in Austrian white-collar criminal law and can have serious consequences for both suspects and victims. Whether you are accused of fraud or have suffered financial loss, it is essential to understand the legal framework and to act strategically. This article explains what constitutes fraud under Austrian criminal law, the elements of the offense, possible penalties, and what steps you should take

What Is Fraud?

Under § 146 and following of the Austrian Criminal Code (StGB), fraud is a property offense in which the perpetrator deceives another person, causing that person to make a financially disadvantageous decision based on a false belief.
In simple terms: someone is misled by false statements into taking (or refraining from) an action that causes financial loss to themselves or a third party.

Legal Elements of Fraud

1. Deception about Facts
   The perpetrator deceives the victim about facts, either by active misrepresentation (e.g., false statements) or concealment of essential information. The deception may concern external facts (such as financial solvency) or internal facts (such as payment intent).
2. Inducement of Error
   As a result of the deception, the victim develops a false belief — a crucial step leading to the next element of the offense.
3. Disposition of Property
   Acting under this false belief, the victim voluntarily disposes of their own or another’s property, for example by transferring money or delivering goods.
4. Financial Loss
   The victim or a third party suffers a financial loss. A loss occurs when the total value of assets is economically diminished.
5. Intent
   The perpetrator must act with intent, at least in the form of conditional intent (dolus eventualis).
   This means the offender must at least consider it possible that their actions will deceive the victim and cause financial harm — and accept this outcome.

Penalties and Legal Consequences

• Simple Fraud (§ 146 StGB): Up to 6 months’ imprisonment or a fine of up to 360 daily rates.
• Aggravated Fraud (§ 147 StGB):
  • Damage exceeding €5,000 or commercial/ongoing fraud: up to 3 years’ imprisonment.
  • Damage exceeding €300,000: 1 to 10 years’ imprisonment.

The Criminal Code also provides for additional aggravated circumstances that can increase the penalty.

New since 1 January 2024: Anyone convicted of fraud and sentenced to more than 6 months in prison is automatically disqualified from serving as a managing director or board member — unless the court expressly grants a conditional waiver of disqualification.

Recommended Actions for Suspects

If you are accused of committing fraud:

• Do not make premature statements: Avoid giving any statements to the police or prosecution before consulting a defense lawyer.
• Seek legal counsel: Fraud allegations are often complex. As an experienced Austrian criminal defense lawyer, I will guide you through every stage of the proceedings.
• Access to the case file: We promptly request access to the investigation file and analyze the accusations — both factually and legally.
• Develop a defense strategy: Together, we will craft a targeted and effective defense approach tailored to your specific situation.

Recommended Actions for Victims

If you suspect that you have been the victim of fraud:

• Contact a lawyer immediately: We will assess your case, identify the appropriate legal steps, and represent your interests throughout the process.
• Secure evidence: Collect all relevant documents, contracts, emails, and other materials that support your claim.
• File a criminal complaint: We will assist you in preparing a precise and comprehensive statement of facts, enabling the authorities to conduct focused investigations.
• Consider civil claims: In addition to criminal proceedings, you may pursue civil compensation. We can represent you in both proceedings to maximize recovery.

Conclusion

Fraud is a complex criminal offense with serious consequences for all parties involved.
Whether you are under investigation or have suffered a financial loss, early legal intervention is crucial to protect your rights and interests.
With extensive experience in Austrian white-collar crime defense, I will represent you discreetly, strategically, and effectively.