Acquittal for Former Legal Intern in Vienna Trial

"It is a rather unusual case," said the prosecutor at the beginning of the trial against the former legal intern. She initially outlined how important legal interns are for maintaining the justice system: "They are system maintainers. Without them, we couldn't keep the place running. They do a lot and see everything that is in the file." Investigation files involve "particularly sensitive data," and awareness of this has increased. The accused former legal intern had accessed parts of electronic files, thereby violating data protection regulations.

Accesses by Former Legal Interns Reported to the OLG

The accused was assigned to an experienced criminal judge. Long after the legal intern had changed his place of work, this judge noticed that there were still accesses to her criminal files under his name. She reported this to the Higher Regional Court (OLG), and subsequently, a complaint was filed against the lawyer, who was preparing for his judicial examination. "He wanted to become a judge. His job description was very good, he was described as a 'gain' and 'inquisitive'," noted defense attorney Otto Dietrich. He was "shocked" when he learned of the criminal proceedings against his client, "because I find it very unfair as a lawyer and a person. He is being prosecuted for something that is a system error."

Accused Former Legal Intern Still Had Access Authorization

The accused did not obtain access to the VJ fraudulently. He was still activated and had access authorization. The accused did not access "interesting files" with the intent to cause harm, assured the defense attorney: "Why would he have risked that? He wanted to become a judge." The 27-year-old, whose career plans were thwarted as a result of the complaint - he was not appointed as a judge - claimed in his testimony that he continued to follow the files he had managed after his time at the Regional Court "in terms of whether something of criminal procedural interest had happened." He was not aware of any guilt or misconduct: "My aim was to learn as much as possible for court practice."

Acquittal of Former Legal Intern Not Final

The presiding jury concluded that there was no knowing abuse of authority by the accused. "We could not prove that you knew you were not allowed to look in." The former legal intern, who is now employed as a contract employee, was acknowledged by the court to have acted "out of interest in the judicial profession and in preparation for important exams." The acquittal is not final. The prosecutor initially made no statement - the case is reportable, and a declaration of appeal therefore requires the approval of the Senior Public Prosecutor's Office (OStA).

(APA/Red)

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