On Wednesday, a five-judge panel of the Supreme Court (OGH) confirmed the first-instance conviction of former ÖVP Family Minister Sophie Karmasin (ÖVP) for provisions on agreements affecting competition. However, the sentence imposed by the first court was reduced from 15 to ten months and completely conditional. “This is not a case of serious, let alone extremely serious, crime,” stated Senate Chairman Rudolf Lässig.
Video: This is how the verdict went
Karmasin was not personally present at the public court day in the Palace of Justice due to illness. “She’s taking medication. She’s feeling very badly,” said defense attorney Norbert Wess, apologizing for the 57-year-old. Her legal representative did not say what exactly was wrong with the former ÖVP politician and former confidante of ex-Chancellor Sebastian Kurz. Wess appealed to media representatives to respect Karmasin’s privacy and not to research or report on her health.
In May last year, Karmasin was found guilty at the Vienna Regional Court of anti-competitive agreements and sentenced to 15 months probation. The ex-politician was acquitted of serious fraud, which was also charged in connection with the continued receipt of her ministerial salary. The OGH Senate now rejected both the defense’s annulment complaint once morest the conviction and the annulment complaint by the Economic and Corruption Public Prosecutor’s Office (WKStA) once morest the first instance acquittal of the co-accused of serious fraud. Senate Chairman Lässig stated in his detailed reasons for the judgment that both complaints had no justification.
Dampener for the ÖVP of Karmasin and Kurz
The defense’s appeal once morest the level of punishment was accepted. With a penalty of up to three years for the offense found guilty, “15 months for a first-time offender is really high, extraordinarily high,” said Lässig. A reduction in the sentence by five months was “justified and appropriate” because the first court ignored two important mitigating factors when determining the sentence. On the one hand, Lässig referred to the former politician’s previous integrity: “She was born in 1967 and has behaved well her whole life.” On the other hand, the criminal proceedings in question caused Karmasin “serious disadvantages,” which must be taken into account when determining the sentence.
Pronouncing the punishment unconditionally or partially, as the WKStA had demanded in its appeal once morest the sentence, was out of the question for the Senate. For a first-time offender, conditional leniency in punishment is “common practice throughout Austria” unless it is a capital crime, the Senate chairman explained. Karmasin, who was taken into custody for a while in this case, also already has the prison sentence felt. “No one in this room will probably be of the opinion that she should be locked up once more,” said Lässig.
