On January 16, 2020, the annual get-together of the Journal for Commercial and Financial Criminal Law ("Zeitschrift für Wirtschafts- und Finanzstrafrecht" - ZWF) took place in the ceremonial hall of the Federal Ministry of Constitutional Affairs, Reforms, Deregulation and Justice (BMVRDJ) at Palais Trautson. Approximately 140 top-class guests from the fields of justice, finance, industry and science attended the network meeting organised by Linde Verlag. The renowned podium discussed the appointment of experts in commercial and financial criminal proceedings - an issue that has been a topic of discussion for many years and will also be taken up in the current government programme.
Unsatisfying legal situation?
In his keynote speech, Univ.-Prof. Dr. Klaus Schwaighofer (University of Innsbruck) discussed, from his point of view, why the current legal situation still remains unsatisfying, though taking into account the jurisdiction of the Supreme Court of Justice. He requests the legislator to ensure that the recognising courts also have to include private expert opinions in their considerations and evalualtions of evidence. Not all discussants could agree with this approach.
A need for fundamental reform?
The different approaches of defence lawyers and members of judicial authorities clearly appeared during the lively panel discussion led by Mag. Mario Schmieder (co-editor of ZWF). Mag. Christian Pilnacek (Head of Section IV Criminal law, BMVRDJ), Attorney Dr. Michael Rohregger (Vice President of the Vienna Bar Association and co-editor of ZWF), Judge HR Mag. Claudia Moravec-Loidolt (Regional Criminal Court Vienna) and LOStA Mag. Johann Fuchs (Head of the Chief Public Prosecutor's Office Vienna) discussed the reform proposals of Univ.-Prof. Dr. Klaus Schwaighofer.
Among the prominent evening guests were Dr. Brigitte Bierlein, former Federal Chancellor; Univ.-Prof. Dr. Wolfgang Brandstetter, member of the Constitutional Court; Dr. Christoph Herbst, member of the Constitutional Court; Mag. Eva Marek, Vice-President of the Supreme Court of Justice.