The Austrian Leniency Programme: To Be Continued?

In 2011 the Austrian legislator introduced a leniency programme in Austrian criminal law for potential principal witnesses. Discussions are underway as to whether the leniency programme should be extended for another five years in order to evaluate the practical implications and efficiency.

Current Status

With effect from 1 January 2011, the Austrian legislator introduced a leniency programme for potential principal witnesses, in Sec 209a of the Austrian Criminal Procedure Code (Strafprozessordnung "StPO"). According to this provision, the public prosecutor's office has the possibility of temporarily withdrawing from the prosecution of an accused person and applying the provisions of alternative forms of action (diversionelle Erledigung), if a person voluntarily discloses information of criminal offences committed by others to the authorities. In order to evaluate the effectiveness and practical impact of the leniency programme, Sec 209a StPO was limited to