Procedural law

Whether in criminal proceedings, civil proceedings or administrative proceedings (public law): Trials are especially emotional for people who are affected, if you yourself are at the centre of a lawsuit (e.g. before labour court, in a divorce, in inheritance disputes). It is one of the most important tasks of a lawyer to create trust in order to make this exceptional situation easier for the client. We help the client to enforce his/her claims in proceedings at court or with authorities or to defend claims directed at our client.

Our lawyers are happy to support you in:

  • Representation at courts and authorities
  • Settlement negotiations and conclusion of settlements
  • Drafting of appeals to the higher administrative court and the constitutional court
  • Legal remedies (appeal)

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Every situation needs to be observed individually. We will gladly take the time it takes to also discuss your situation extensively. Thus, please make an appointment for a noncommittal informational interview.

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By telephone: +43 1 533 70 36, Monday to Friday, 8.00 a.m. to 4.00 p.m.
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Legal topics & focus areas

Representation at court

Our law firm provides 50 years of experiences in trials. Apart from best knowledge of material law this is necessary for a positive outcome in lawsuits and proceedings. Thanks to our many years of experience in procedural law, our lawyers are a competent partner in the representation at court.

More on the topic representation: Civil law

Civil procedure

The civil procedure law regulates the procedure of judicial proceedings in the course of the civil law. Depending on the area of application, different laws can determine the procedure of civil proceedings. The most important regulations are contained in the code of civil procedure (ZPO), the “Außerstreitgesetz” (AußStrG), the enforcement code (EO) as well as the insolvency code (IO).

The main features of the civil procedure are determined both by the Austrian constitution as well as the European human rights convention. Amongst others, these are:

  • Lawsuits take place orally, except if there are judicial exceptions
  • Lawsuits are public, except for example family law lawsuits
  • Every party must have the possibility to make their statement in the lawsuit. This principle applies to the entire lawsuit (fair hearing)
  • Most often the lawsuit begins with the charge. The parties can terminate this by an agreement or an agreement of suspension until the sentencing.
  • The conflicting parties deliver the evidence themselves, however the court can demand additional proof. However, there is no duty of investigation as in the criminal proceedings.

Criminal proceedings

Criminal proceedings are initiated if police or public prosecution gain knowledge of a possible offence, either due to a notification or own perception. Also a traffic accident causing injured people can lead to criminal proceedings against the perpetrator (driver).

Authorities (and in certain cases also doctors) are obliged to report an offence if they gain knowledge of criminal actions in the course of their professional activities. The public prosecution must investigate every offence (e.g. bodily injury, fraud), which it is informed of officially.

Every private person is entitled but not obliged to report an offence to the police station or public prosecution. Charges which affect offences cannot be withdrawn, but are investigated officially. The proceedings are divided in the investigation proceedings by public prosecution and criminal police and the main proceedings at court. Under certain circumstances, a diversion can replace the main proceedings. Here, the offender is given the possibility of only paying a fine or doing community service instead of a penalty and there is no entry in the criminal record.

Administrative procedures

Administrative penalties are imposed by the according administrative authority due to the violation of administrative regulations, such as for example the famous “parking ticket” on the windscreen.

There is a differentiation between the shortened administrative criminal proceeding (anonymous administrative penalty, charge sheet or traffic ticket) and the administrative criminal proceedings. Only in the administrative criminal proceedings investigation proceedings are carried out and the suspect has a chance to justify his/her behaviour.

For this purpose, the administrative penalty authority (the district administration or the federal police authority) can invite the suspect for a hearing or ask him/her to defend him/herself in writing. The criminal proceedings are ended with the court decision (penal order), a decision in which a warning is stated or the closing of the proceedings.

FAQ

Procedural law

In traffic accidents with personal injury, also criminal investigations must be made by the police. Already a broken hand is considered grievous bodily injury, which is a criminal offence. In an investigation procedure, the police investigate whether it is a common offense which has to be forwarded to the public prosecution. However, it can also be that the police come to the conclusion that due to the insignificance of the injury no further steps need to be taken and discontinue the preliminary proceedings.

More on the topic: Traffic Accident

Usually yes, because with that there is no entry in the criminal record. A previous conviction limits the right to vote and to conduct a business. Furthermore, most employers demand a flawless character certificate. The previous conviction especially has an influence on the sentence in repeated offenses. For example, already two slight physical injuries for unfortunate reasons can lead to a prison sentence.

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