Crypto Assets In Austrian Criminal Law

New provisions for securing crypto assets in the Austrian Code of Criminal Procedure

Executive Summary

• For the first time “crypto assets” (“Kryptowerte”) are defined in a separate term in Austrian criminal law, and are included within a broader definition of the term “assets” (“Vermögenswerte”).
• Crypto assets can be secured by transferring them to a “government wallet” (“Behördenwallet”) or by means of a third-party prohibition. This can also be utilized to secure claims under civil law.
• With court approval, crypto assets can be realised prematurely and may also, for instance, be “converted” into Euros.

Introduction

This article has been prepared to provide information about the latest changes to the Austrian Code of Criminal Procedure (“StPO”) affecting the securing of crypto assets. The aim is to provide a structured review of recent amendments to the StPO, with a focus on the newly added definition to the term “asset” in Section 109 Z 1a StPO and the introduction of the