Victims' rights - by country

Austria

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Austria

I am a victim of crime. Who do I contact for support and assistance?

In accordance with Section 66b(3) StPO (Strafprozessordnung, Code of Criminal Procedure), the Federal Minister for Justice has entered into contracts with appropriate, established organisations that will provide assistance to the persons referred to in Section 66b(1) of the code after verifying that the statutory conditions have been met. Details of these organisations can be found by clicking on the following link, where they have been sorted by province (Bundesland): victim support organisations

victim support hotline

Federal Social Welfare Office (Sozialministeriumservice): 0043 158831 and general victims’ hotline: 0800 112 112 (and also European victim support helpline: 116 006)

Is victim support free?

Yes.

What types of support can I receive from state services or authorities?

Victims of crime receive financial compensation in accordance with the provisions of the Victim Compensation Act (Verbrechensopfergesetz (VOG)), Federal Law Gazette (BGBl.) 288/1972.

Under the VOG, the procedure is the same for all applicants (Austrian and foreign nationals). This is an administrative procedure during which the authority has to establish the relevant facts and reach a decision on the assistance applied for. The applicant is required to cooperate with the procedure and provide the necessary information (including for the purpose of establishing the damage).

Applications under the VOG must be filed with the Federal Social Welfare Office, which also decides on them.

What types of support can I receive from non-governmental organisations?

The following are entitled to psychosocial and legal assistance:

  • victims of a violent crime, sexual offence or dangerous threat, or victims whose personal dependence may have been exploited in the commission of such a deliberate criminal act;
  • the spouse, life partner, first-degree relatives, brother, sister and other dependants of a person who died because of a crime, as well as other relatives who witnessed the death of a relative;
  • victims of terrorist offences;
  • victims of a typical ‘online hate’ crime. This includes stalking, continued harassment by telecommunications or an IT system (‘cybermobbing’), and incitement. It also includes offences such as defamation, accusations of a criminal offence which have already been dismissed as unfounded, insults and slander, where there are certain reasons to assume that the act has been committed by means of telecommunications or using an IT system;
  • minors who have been witnesses to violent acts within their social circle (violence in the family, violence against children).

Upon request, these victims must be granted psychosocial and legal assistance, provided that this is necessary to safeguard their procedural rights, taking their personal involvement into account as far as possible. The victim support organisations themselves are responsible for assessing whether such assistance is ‘necessary’. Victims of a sexual offence who are under the age of 14 are always entitled to psychosocial assistance.

PSYCHOSOCIAL ASSISTANCE

Within the context of psychosocial assistance, victims are prepared for the psychological stress of the proceedings, supported in dealing with their experiences (anxieties, despair, grief or anger) and also accompanied during hearings as part of the investigation or trial.

LEGAL ASSISTANCE

The purpose of legal support is to assist victims in asserting their rights within the framework of criminal proceedings. This is particularly useful and necessary if specific circumstances give rise to concerns that the victim’s rights will not be sufficiently respected during the proceedings. If the victim has suffered harm or damage as a result of the crime, the lawyer may claim compensation (e.g. for pain and suffering) on the victim’s behalf (if the victim has the status of a civil claimant).

Last update: 03/02/2021

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