Unlike many other legal systems, Austrian criminal law
contains provisions which allow the perpetrators of certain
offences against property to receive exemption from punishment in
case they commit to fully compensate any damages caused by the
offence. Active repentance therefore offers a second chance for the
perpetrator. In practice this can be very useful – for both
the victim and the perpetrator.
General rule of active repentance
According to Art 167 Austrian Criminal Code (ACC) active
repentance supersedes any liability for certain property crimes
such as embezzlement, fraud, offences of dishonesty or misuse of
funds. A perpetrator may benefit from active repentance if he (i)
fully rectifies any damage caused by the offence or (ii) enters
into a contractual obligation to fully compensate the victim within
a set period. Furthermore the law contains a timeliness requirement
as it clearly defines that this must be done before the authorities
become aware of the
