After Benko Verdict: Defense Filed an Appeal

The nullity complaint challenges potential procedural or judgment errors, while the appeal is directed against the sentence. The aim of the nullity complaint is to overturn the verdict against Rene Benko in whole or in part. In the case of a jury court verdict, only the sentence can be contested through an appeal, not the question of guilt, i.e., the judgment on whether the accused committed the act.

Supreme Court decides on nullity complaint against Benko verdict

The Supreme Court decides on the nullity complaint, while the appeal is generally the responsibility of the Higher Regional Court (here: Innsbruck). However, if the Supreme Court upholds the complaint and thereby annuls the relevant part of the verdict, the appeal becomes moot. If the Supreme Court dismisses the nullity complaint in a public hearing, it can also decide on the appeal.

The former real estate tycoon Benko was sentenced on Wednesday at the Innsbruck Regional Court to two years in prison, not yet legally binding, for fraudulent bankruptcy. In the charge concerning an advance payment of rent and operating costs amounting to 360,000 euros, the Signa founder was acquitted by a jury court, but was found guilty regarding a 300,000-euro gift to his mother. Through the gift, Benko "set aside" the money and withheld it from his creditors, according to the summarized reasoning.

The 48-year-old Benko has been in pre-trial detention since January 24. His defense lawyer has already filed several applications for release, which have so far always been rejected with the argument of "risk of committing the offense." Benko will have the time in pre-trial detention credited if the verdict becomes legally binding.

(APA/Red)

This article has been automatically translated, read the original article here.