Benko appeals against partial conviction and seeks release

Following the verdict in the second trial for fraudulent bankruptcy against Signa founder René Benko on Wednesday, both the former entrepreneur and the Economic and Corruption Prosecutor's Office are filing legal remedies. Benko is contesting the 15-month suspended sentence with a nullity complaint and an appeal, said lawyer Norbert Wess to the APA. The WKStA will also file a nullity complaint and an appeal. The Benko side also wants an immediate release from custody.

Nullity Complaint and Appeal

A nullity complaint will be filed against the acquitting part of the verdict of the Innsbruck Regional Court - both for Benko and his wife Nathalie, who was acquitted entirely due to doubt, explained WKStA spokesperson Martin Ortner on Friday to the APA. The appeal, on the other hand, is "regarding the sentence" - concerning the 15-month suspended sentence and the unconditional fine of 4,320 euros. Approval of the plan by the higher authorities, namely the Vienna Public Prosecutor's Office and the Ministry of Justice, has already been granted, said Ortner.

The nullity complaint addresses possible errors in a procedure or in the verdict, while the appeal concerns the severity of the sentence. The nullity complaint aims to have the verdict wholly or partially overturned. With the appeal, only the extent of the sentence can be contested in the verdict of a jury court, not the question of guilt, i.e., the verdict on whether the accused committed the act or not. The Supreme Court (OGH) decides on the nullity complaint, while the Court of Appeal (OLG), in this case, the one in Innsbruck, is generally responsible for the appeal. However, if the OGH upholds the complaint and thereby overturns the relevant part of the verdict, the appeal becomes moot. If the OGH dismisses the nullity complaint in a public hearing, it can also decide on the appeal.

Benko Lawyer Wess Criticizes "Unsatisfactory Verdict"

The 48-year-old Tyrolean Benko was found guilty of fraudulent bankruptcy in one aspect - specifically, it involved two of the eleven watches in question and four pairs of cufflinks, with damages amounting to around 100,000 euros. In the other points, however, there was an acquittal. "In three-quarters" of the charges, his client was acquitted, said Wess, who had spoken of an "unsatisfactory verdict" immediately after the trial. Benko and his wife Nathalie were accused of hiding cash, watches, and jewelry worth 370,000 euros in a safe at a relative's house during the insolvency proceedings as a sole proprietor, thereby withholding them from creditors.

Release Application Announced

Wess also announced a release application for the coming week. Regarding a possible release of Benko - who is currently in pre-trial detention at the Innsbruck prison - the defense attorney once again exerted pressure after the trial on Wednesday and promised "a review." Wess sees no further justification for this, as his client was primarily detained because of this procedure. It could never be assumed that there is a "risk of committing an offense in the future."

WKStA spokesperson Ortner explained to the APA that it is the right of every suspect to file such a release application. The court will then decide on this. As an authority, they continuously evaluate - as legally required - the existence of the reasons for detention, the spokesperson said, referring to the corresponding criticism from Benko's defense. The WKStA is of the opinion that these reasons for detention still exist. It should also be noted that Benko's lawyers have never challenged pre-trial detention orders from the Vienna Regional Court for Criminal Matters before the Vienna Higher Regional Court.

Contact Ban with Benko's Wife Lifted

A decision was meanwhile made on another front - that of the contact ban or restriction between the detained Benko and his wife. This was ordered by the WKStA due to an "impairment of the purpose of detention." Wess contested this, but the Vienna Regional Court for Criminal Matters declared it lawful. However, now that the verdict has been reached, the reason for the contact restriction is no longer valid, the WKStA confirmed to the APA reports from the "Tiroler Tageszeitung" and the "Kronen Zeitung" on Friday.

(APA/Red)

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