Crime reconstruction (Austria)

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In the reconstruction of the crime , the statements of a person are checked in the course of an interrogation by recreating the likely course of the crime at the scene of the crime or at another location related to the crime . Often these processes are documented by image and sound recordings in order to be demonstrated especially in the later evidence proceedings (part of the main proceedings ). These must include the entire interview, not just a fraction, in order to illustrate the entire context. The law defines the reconstruction of the crime together with the visual inspection in the first paragraph of Section 149 of the Austrian Code of Criminal Procedure (StPO).

The reconstruction of the crime takes place at the request of the public prosecutor's office by the court (Section 149 (3) StPO).

In order to protect party rights, the public prosecutor , the accused , the victim , the private party and their representatives must be given the opportunity to take part in the reconstruction of the crime. You have the right to ask questions and request additional investigations and statements. If the criminal police are not involved in the implementation, they must be informed of the date (Section 150 (1) StPO). Exceptions apply in the following cases (Section 150 (2) StPO):

  • the accused can be temporarily excluded from participation if his presence could jeopardize the purpose of the proceedings or special interests require this;
  • the victim and the private party are to be temporarily denied participation if there are concerns that their presence could influence the accused or witness when giving a free and complete testimony. In these cases, a copy of the protocol must be sent immediately to the parties concerned.

The exception is the defense attorney , who can never be excluded from participation.

The presentation of the video and audio recordings can be waived in the main proceedings before a court by agreement of the parties .

Sometimes a reconstruction of the fact can only be carried out by the court during the main hearing , in that the hearing takes place on the spot. B. is often the case in traffic accidents.

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