Lay Judges and Jurors in Austria: What You Should Know

In serious criminal cases in Austria, decisions are not made only by professional judges. Randomly selected citizens may also take part as lay judges (Laienrichter), either as assessors or jurors. This guide explains who may be selected, what the role involves and when an exemption may be possible.

What does serving as a lay judge mean?

The Austrian Constitution provides for public participation in the administration of justice. For offences carrying severe penalties, such as murder and political offences, ordinary citizens may sit on the judicial panel. The aim is to reflect the public’s sense of justice in judgments and strengthen confidence in the justice system.

Lay judges are bound by the law in the same way as professional judges. They may ask questions of the accused, witnesses and experts. They take part only in the main hearing (Hauptverhandlung), not during the investigation stage, and must take an oath before the court.

No legal experience is required. Professional judges are present at the hearing to assist lay judges and answer their questions.

Assessors and jurors: what is the difference?

There are two types of lay judge, with different roles.

• Assessors’ court (Schöffengericht): one professional judge and two assessors; in some serious cases, two professional judges and two assessors.
• Jury court (Geschworenengericht): three professional judges and eight jurors.

Which cases do they hear?

• The Schöffengericht generally deals with offences carrying more than five years’ imprisonment when the case is not assigned to a jury court.
• The Geschworenengericht deals with particularly serious offences, such as murder, and certain political offences.

How are decisions made?

Assessors decide the question of guilt jointly with the professional judge. They then decide on the sentence together, where necessary. The assessors vote first in alphabetical order, followed by the professional judge. Abstention is not permitted. A conviction cannot be reached against the professional judge’s vote: if both assessors vote for acquittal and the judge votes for guilt, the accused is acquitted.

Jurors sit separately on the jury bench (Geschworenenbank). They vote on written questions prepared by the professional judges, which must be answered yes or no. Unanimity is not required: a question is accepted if at least five of the eight jurors vote in favour. In the event of a tie, the position more favourable to the accused applies. The jurors’ verdict (Wahrspruch) does not require reasons.

Who can serve as a lay judge?

The basic requirements are:

• Austrian citizenship.
• Being between 25 and 65 years old at the beginning of the first year of service.
• Having a main residence (Hauptwohnsitz) in Austria.
• Having sufficient knowledge of German, the language of the court, to follow the hearing.

A person is also excluded if their health prevents them from performing the role, if they have certain criminal convictions, or if criminal proceedings are pending against them for an officially prosecuted offence carrying more than six months’ imprisonment.

Certain professions are also excluded. These include judges, public prosecutors, notaries, lawyers and their trainees, priests and members of religious orders, members of Parliament and government, and employees of the Federal Ministry of the Interior and the Federal Ministry of Justice, including police officers. Other public employees may serve as lay judges.

How are selected people notified?

The list of selected people is published at the municipal office or magistrate. The district administrative authority then notifies the people concerned. For a specific hearing, the court summons the person by registered letter (RSa-Brief).

Anyone who fails to appear without a lawful exemption may face a disciplinary fine of up to 1,000 euros and may have to reimburse the costs of the cancelled hearing. An exception applies where a verified unavoidable event, such as an accident or illness, prevented attendance. Work commitments do not count as such an event.

The content of deliberations and voting must not be disclosed to outsiders or the media. Breaching confidentiality may have criminal-law consequences.

What compensation is available?

The role is honorary and no salary is paid for it. However, travel and accommodation costs, as well as lost earnings caused by the assignment, are reimbursed. Employees will generally continue to receive their wages from their employer, so they usually do not suffer a loss of earnings.

When can you request an exemption?

You may submit an exemption request (Befreiungsantrag) if:

• the assignment would create a disproportionate personal or financial burden for you or another person, for example because of illness;
• it would seriously endanger the public interest; or
• you have already fulfilled the lay judge duty during the previous two years.

Depending on when the request is submitted, the decision is made by the district authority, the president of the regional court or the judge presiding over the proceedings. Contact the authority that notified or summoned you as soon as possible.

If you do not meet a basic requirement, such as the age requirement, you must submit an objection (Einspruch), not an exemption request.

Frequently asked questions

Can a non-Austrian citizen serve as a lay judge?

No. Only an Austrian citizen may hold this position.

Is a work commitment enough to justify non-attendance?

No. Work time is not considered an unavoidable event. An unjustified absence may result in a disciplinary fine.

What if I know the accused?

A personal relationship, such as family ties or friendship, or a role as a victim, witness or expert is a reason for exclusion. You must report this immediately to the president of the regional court or the judge presiding over the hearing.

Can a jury verdict on guilt be appealed?

As a general rule, no. The judgment may be challenged only because of a procedural error, the severity of the sentence or civil-law claims.

Practical steps if you receive a summons

1. Read the notification and the RSa-Brief carefully, including the hearing date and the authority to contact.
2. Check whether you meet all eligibility requirements and whether any exclusion applies.
3. If you need an exemption, submit a Befreiungsantrag to the relevant authority as soon as possible.
4. If you do not meet a basic requirement, submit an Einspruch instead.
5. If illness, an accident or another unavoidable event prevents attendance, obtain supporting evidence and notify the relevant authority immediately.
6. Attend unless you have received a lawful exemption, and keep all deliberations and votes confidential.

This article is based on information available online and does not constitute legal advice. Use it at your own responsibility. If you need specialist advice, contact a lawyer, legal professional, healthcare professional, employment-law or labour-market specialist, or another relevant professional.

Source: oesterreich.gv.at