2023-12-26 12:43:10
Real lawyer Wolfgang Pöltl – Presentation of the facts submitted to the corruption prosecutor’s office: Suspicion of abuse of office
Graz (OTS) – It is evident that the judiciary, administrative authorities and police treat the climate activists with kid gloves. Dapparently ate the Supreme Court’s decision in Austria (legal sentence), which reads as follows:
“The forcing of a driver to stop by using a car parked across the street was done by forcet (in the sense of § 105 StGB), because violence (in the sense of § 105 StGB) means not only human physical strength, but also the use of intoxicating or narcotic substances and the use of hypnosis. Accordingly, not only the use of kinetic energy constitutes violence in the above sense, but everything that, in conjunction with kinetic energy, has a destructive effect.” (Source: legal sentence number RS0095303, case number 15Os5/9, decision date: March 28, 1996) is completely ignored, is also evident. What the difference should be between a car parked on the road and a series of air-conditioning stickers that force (force) drivers to stop by sticking to the road is incomprehensible and is not clear to real lawyer Wolfgang Pöltl. The fact that climate activists repeatedly and regularly force car drivers to stop apparently does not prompt the judiciary to take criminal action (including imposing pre-trial detention due to the risk of repeat offenses) (even though the Supreme Court clearly assumes that the act of crossing a car is violent) . However, the Ministry of Justice goes even further: The public prosecutor’s office has apparently applied for pre-trial detention once morest a climate gluer (suspicion: serious damage to property and risk of committing an offence), although this application was rejected by the regional court. The public prosecutor’s office wanted to file a complaint once morest this rejection, but was prevented from doing so by instructions (!!) from the Ministry of Justice. The Justice Department’s adventurous statement: “The complaint had no chance of success.” Real lawyer Wolfgang Pöltl in the original tone: That is extremely remarkable. Why is the filing of a complaint once morest the “non-imposition of pre-trial detention” prevented by instructions if the complaint would have had no chance of success anyway? It is downright legally adventurous that the Ministry of Justice apparently decides on the success or failure of complaints and this decision is not left to the responsible appeals court.
Real lawyer W. Pöltl sees the suspicion of the commission of the crime of abuse of office and has submitted the statement of facts to the corruption public prosecutor’s office and the Vienna public prosecutor’s office (December 19, 2023). It will be interesting to see whether the Ministry of Justice intervenes once more with instructions and wants to prevent the investigations – once morest the Ministry of Justice itself – by issuing instructions (more detailed: www.pfoe.at).
Questions & Contact:
Wolfgang Pöltl
Tel.: 06641401616
1703606328
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