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Regional Court Linz Discontinues Proceedings Against Wöginger After Diversion

Nach der Diversion für Wöginger, stellte das Landesgericht Linz das Verfahren ein.
Nach der Diversion für Wöginger, stellte das Landesgericht Linz das Verfahren ein. ©APA/Canva
The proceedings against August Wöginger and two tax officials for abuse of office have been definitively discontinued by the Linz Regional Court. The WKStA can file a complaint against the decision within 14 days. Therefore, the diversion is not yet legally binding.

After Wöginger paid a fine of 44,000 euros and the other defendants paid 22,000 euros and 17,000 euros respectively, and all three transferred 500 euros each to the disadvantaged candidate for the head position at the Braunau tax office, the proceedings were now discontinued by the Linz Regional Court. The woman had joined the proceedings as a private party.

Linz Regional Court Sees Conditions for Diversion Fulfilled

The conditions for a diversion are fulfilled, it was stated in the announcement. "The defendants took responsibility for the actions they were charged with in the indictment, not only admitted their misconduct but also regretted it." By voluntarily paying a symbolic amount to the overlooked applicant, "they also showed responsibility towards her."

Criticism of Diversion for Wöginger

The diversion offer had been criticized for sending the wrong signal. This is countered in the reasoning for the discontinuation, stating that the "extensive investigation process up to the indictment and the fact that the defendants now had to face the criminal proceedings in court" indeed have "an unmistakable signal effect to the public." It is made clear that "a position appointment made based on improper considerations in a publicly advertised application process runs counter to the Austrian legal system and its principles. Such occurrences are prosecuted criminally."

Motion for Bias Rejected

Only on Wednesday did the court inform that the motion for bias against the judge was rejected by the president of the Linz Regional Court. The private party representative had submitted it late, it was stated on Wednesday as the reason. He should have submitted it directly during the main hearing, not days later.

(APA/Red)

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

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