HEinz-Christian Strache, former Austrian vice chancellor and leader of the FPÖ party, was acquitted of corruption charges by the Vienna Criminal Court on Tuesday. The court saw the allegation of law-buying, which the public prosecutor’s office had raised, as not proven.
It was the second criminal case in this matter. In the first trial, Strache was sentenced to 15 months of conditional imprisonment (suspended sentence) in 2021, but the second instance rejected the procedure due to deficiencies, and the case was reopened. Now the presiding judge emphasized that it was not about an acquittal “in case of doubt”, but that the accused facts were not fulfilled. Strache was relieved. The business and corruption prosecutor’s office initially did not comment because the verdict is not yet final.
It was about the so-called Prikraf list: private clinics that are on it have access to a fund from social security money for billing their services. Strache had criticized this principle as an opposition MP and at least called for an extension of the closed list. FPÖ MPs also tabled a motion for a resolution along these lines. A private clinic operator who should benefit from this expansion had donated 12,000 euros to the FPÖ. He was also charged and has now also been acquitted.
So far no valid conviction for Strache
The Office of the Public Prosecutor for Economic Affairs and Corruption (WKStA) regarded the motion for a resolution as an official act, which represented a “signal” in return for the donation. However, the court came to the conclusion that this connection could not be proven. Members of various persuasions had testified that motions for resolutions were part of everyday parliamentary life. Strache had criticized the Chamber of Commerce (in which ÖVP people have a significant influence) in general and the Prikraf list in particular. It is also not proven that he knew about the donation at all.
There have been numerous investigations against Strache since he had to resign in May 2019 because of the Ibiza video and the turquoise-blue coalition broke up, but so far no valid conviction. According to his information, however, seven investigations were set without a result. Prosecutors have determined that his statements in the video secretly recorded in Ibiza in 2017, when he spoke to an alleged Russian oligarch about possible mutual benefits, did not constitute a criminal offence. Another case was brought before the court by the WKStA, but Strache was also acquitted there (not legally binding).
Strache stated that the many procedures had ruined him financially and that he could no longer afford his previous lawyer. In the event that preliminary proceedings are discontinued, there will be no reimbursement of costs. However, investigations against Strache are still ongoing, among other things because of the accusation that he cheated the FPÖ with false expense reports.
The WKStA is not only investigating Strache, but also several dozen politicians from the FPÖ and the ÖVP, above all the former ÖVP chairman Kurz. The proceedings and the chats of those involved that became known from confiscated data carriers have had a significant influence on the political mood, which is why Kurz had to resign from all offices. Even after three and a half years of investigation, no case has been brought to trial – except for the two against Strache, which ended in acquittals.