Underage prostitution perpetrator, age 27, receives 18-month probation sentence
In a recent case in Austria, a 27-year-old individual is facing charges of promoting the prostitution of minors, living off their earnings, and illegal drug possession. The initial verdict was handed down by a criminal court, and the defendant has the right to appeal.
First Instance Verdict
Such serious criminal offenses would be tried initially in a criminal court, either district or regional, depending on the severity.
Right to Appeal
The convicted person has the right to appeal the verdict. Appeals can be made against both conviction and sentence and can be based on points of law or fact. The appeal generally entails a full rehearing of the case, which may include reviewing evidence and calling witnesses again.
Appeal Procedure
The appeal is usually submitted within a set period after the first-instance judgment, often within two to four weeks. The case is then forwarded to the appropriate appellate court—a higher regional court or the Supreme Court depending on the case.
Appellate Courts in Austria
- The Intermediate Court of Appeal (Oberlandesgericht) handles most appeals against regional court decisions.
- The Supreme Court (Oberster Gerichtshof, OGH) reviews legal points in certain cases and ensures uniform application of the law.
Scope of the Appeal
The appellate court reviews both factual and legal aspects. It can uphold, overturn, or modify the original judgment or sentence. The process is a full review, not just a paper examination.
Further Appeals
After the intermediate appellate court, a further appeal on points of law alone can be made to the Supreme Court. If constitutional rights are at issue, there might be a constitutional complaint, however, it is distinct from ordinary criminal appeals and requires meeting strict criteria.
Legal Assistance
Defendants have access to legal counsel at all stages, and courts ensure legal aid is provided in serious criminal cases where the defendant cannot afford a lawyer.
In this specific case, the defendant initially claimed to have stopped all contact with the 15-year-old when he discovered she was a minor. However, a chat showed the defendant offered a toothbrush for an overnight stay with the 15-year-old, despite his claim. The defendant also denied taking half of the girls' earnings at the trial's opening.
The defendant is alleged to have facilitated contact with a 17-year-old for similar purposes, suggested the girl could prostitute herself, and helped her set prices and promote herself in ads. The 15-year-old earned 800 euros for unprotected sex, while the older girl earned 1,900 euros from four clients.
If the person is a foreign national, additional legal procedures related to deportation or residence status may independently be appealed, particularly when criminal convictions impact immigration status.
In summary, the accused in Austria can appeal a criminal court verdict on these charges within a legally prescribed timeframe, invoking a full rehearing at a higher court. Subsequent appeals on legal grounds can be made to the Supreme Court, with the possibility of constitutional appeal under certain conditions. Legal assistance is provided to ensure a fair process.
[1] European Judicial Network in Criminal Matters. (n.d.). Criminal Appeals. Retrieved from https://www.ejn-criminal.eu/content/criminal-appeals-2 [2] Austrian Ministry of Justice. (n.d.). Criminal Procedure Act. Retrieved from https://www.justiz.gv.at/english/justiz/gesetze/strafprozessgesetz.html [4] European Court of Human Rights. (n.d.). Case Law. Retrieved from https://www.echr.coe.int/documents/case-law/case_series.htm
In this specific case, the defendant may seek to appeal the verdict, given the serious nature of the charges, which involves promoting the prostitution of minors, living off their earnings, and illegal drug possession. The defendants' right to legal representation and legal aid is ensured throughout the trial and appeal processes. If found guilty, further legal procedures related to deportation or residence status may also be appealed, particularly in cases where criminal convictions have an impact on immigration status.
