Finally! Prosecution Authorities Will Be Prohibited From Seizing Attorney-Client Privileged Communication Located Outside An Attorney's Office

Amendments to the Austrian Code of Criminal Procedure bring substantial improvements to defendant's rights, but also facilitate the public authorities' access to confidential bank data. We have prepared a series of Legal Insights to inform you about these amendments: (i) Part 1 – Amendments regarding the Attorney Client Privilege (published today); (ii) Part 2 – Improvements to Defendant's Rights (published on 11 April); and (iii) Part 3 – New Rules regarding the prosecution authorities' access to bank data (published on 14 April).

1. The Attorney-Client Privilege -A Fundamental Right

Art 6 sec 3 para c ECHR stipulates the fundamental right of every defendant charged with a criminal offence to defend himself in person or through legal assistance. An indispensable prerequisite to efficiently execute this right is to communicate openly and without restrictions with the attorney about a case. The ECHR constantly acknowledges this privileged relationship between an