Lawyers Sound the Alarm After Threats to Judges

Meinhard Lukas from the Johannes Kepler University Linz emphasized that criticism of court decisions is justified, but personal attacks or threats against judges are unacceptable. Politicians should also review their choice of words.

Judges Insulted and Threatened After Acquittals

The background discussion at the Palace of Justice was prompted, among other things, by the non-final acquittals at the end of September at the Vienna Regional Court for ten youths in a trial concerning sexual acts with a then twelve-year-old. The judge was not only insulted but also threatened with violence. There were also general accusations of an allegedly "leftist lenient justice" or "black networks" in connection with the diversionary handling of the criminal proceedings of ÖVP club chairman August Wöginger. "This is an attack on the rule of law," said the President of the Vienna Higher Regional Court, Katharina Lehmayer. The jurists also criticized the reaction of parts of the political sphere. It is not in the spirit of the separation of powers if judgments are immediately labeled as "wrong" by a minister, for example.

Difficult Communication

Robert Kert from the Institute for Austrian and European Economic Criminal Law at WU Vienna emphasized that judges do not act arbitrarily but within a legally prescribed framework - moreover, the constitutionally secured principle of the presumption of innocence applies to the accused. In the case concerning the youths, even the public prosecutor's office dropped the charge of sexual abuse of minors during the investigation and discontinued it for evidentiary reasons. The communication of the judgment to the public was also "extremely difficult" because large parts of the evidentiary proceedings took place behind closed doors. In such cases, judges are legally prohibited from incorporating non-publicly discussed evidence in detail into their oral judgment reasoning, where the public is always admitted.

Hate on the Internet: Insulting and Threatening Judges is Punishable

For private individuals, insulting and threatening judges, especially on social media like Facebook or X, quickly becomes punishable. These offenses are now being pursued by the judiciary, which is particularly pushing for the deletion of such posts. In serious cases, charges are also filed, which can quickly become expensive for the accused, especially due to the resulting legal costs. Posting anonymously does not provide protection either. "It just takes longer to track them down," said Judge Michaela Masicek-Wallner.

(APA/Red)

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