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Austrian Constitutional Court: Constitutionality of the Obligation to Bear Costs in Criminal Proceedings
Judgment of 14 March 2017, G 40/2016
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Mathias Eller
Published/Copyright:
October 19, 2017
Abstract
The Austrian Constitutional Court ruled on applications alleging infringements of fundamental rights and on the constitutionality of the obligation to bear costs in criminal proceedings as stipulated in the Austrian Code of Criminal Procedure. The Court, however, dismissed the applications and stated that acquitted persons in criminal proceedings are generally not entitled to any reimbursement. Neither the Equality Clause nor other fundamental rights, including those safeguarded in the ECHR, have been infringed by the provisions in question.
Published Online: 2017-10-19
Published in Print: 2017-10-26
© 2017 Walter de Gruyter GmbH, Berlin/Boston
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Keywords for this article
party application;
cost reimbursement;
Austrian Code of Criminal Procedure
Articles in the same Issue
- Frontmatter
- Articles
- The Politics of Global Constitutionalism
- The Judicial Dialogue in Europe
- Regional Economic Integration and the Reality of Strong National Constitutional Powers in South America. A Comparative Analysis
- Notes and Essays
- International Constitutional Law – Inclusive, but Still Selective?
- Special Topic: The Romanian Constitution at 25 – A Critical Examination of Romanian Constitutionalism
- The Multinational State That Wasn’t: The Constitutional Definition of Romania as a National State
- The Romanian Constitution and Civic Engagement
- Constitutional Developments
- Austrian Constitutional Court: Constitutionality of the Obligation to Bear Costs in Criminal Proceedings
- Austrian Constitutional Court: Considering Climate Change as a Public Interest is Arbitrary – Refusal of Third Runway Permit Annulled
