The Higher Regional Court (Oberlandesgericht) of Innsbruck has annulled the diversionary resolution in the fraud proceedings against Jimi Blue Ochsenknecht and ordered a new main hearing. The 34-year-old is charged with aggravated fraud in connection with a hotel bill of around 13,800 euros that had remained open for years. The original judgment was handed down in August 2025 against a fine of 18,000 euros; a conviction now carries a penalty of up to three years' imprisonment.
Innsbruck, July 09, 2026
The Higher Regional Court (Oberlandesgericht) of Innsbruck has annulled the diversionary resolution in the fraud proceedings against Jimi Blue Ochsenknecht and ordered a new main hearing before the Regional Court (Landesgericht) of Innsbruck.
The ruling by the Higher Regional Court (OLG) of Innsbruck clears the way for a fresh main hearing: the diversionary closure of the proceedings against the actor and musician Jimi Blue Ochsenknecht, ordered by the Regional Court of Innsbruck in August 2025, has been annulled. As an OLG spokesperson confirmed to the APA, the panel of judges apparently found the 34-year-old to have a "lack of awareness of wrongdoing" („mangelndes Unrechtsbewusstsein"). Consequently, the previous acceptance of responsibility and the compensation for damages were deemed insufficient to finally close the criminal proceedings.
The background to the case is a hotel bill of just under 14,000 euros that remained unpaid over several years. Ochsenknecht, who became known through the children's film "Die Wilden Kerle," is alleged to have failed to settle the bill at a four-star hotel in Kirchberg in Tirol following a multi-day birthday celebration at the end of 2021. The party marking his 30th birthday took place at the "Sonne" hotel near the Bavarian border in the Kitzbühel district. The specific outstanding amount was, according to reports, exactly 13,827.30 euros.
In August 2025, the Regional Court of Innsbruck had concluded the criminal proceedings for aggravated fraud through diversion. No conviction was handed down; instead, a fine totaling 18,000 euros was imposed. A diversion represents an out-of-court resolution of criminal proceedings, which may require, among other things, a monetary payment or the fulfillment of certain conditions.
In June 2025, Ochsenknecht had been arrested in Hamburg on the basis of a European arrest warrant. After 23 days in pre-trial detention, the outstanding bill was settled by a third party, whereupon the accused was released against bail of 15,000 euros and subject to certain conditions. The money only flowed to the hotel in Tyrol after this arrest.
Before the Regional Court of Innsbruck, Ochsenknecht had pleaded guilty in August 2025. "Ich will die Verantwortung dafür übernehmen, dass ich nicht bezahlt habe," he said in court. The reasoning now published by the OLG, however, does not regard this as a sufficient basis for the application of diversion. According to the OLG, an acceptance of responsibility must be underpinned by an awareness of wrongdoing.
In its statement published on Wednesday, the Higher Regional Court of Innsbruck explained that the accused's acceptance of responsibility and the compensation provided "nicht ausreichen, um daraus eine von Unrechtsbewusstsein getragene Verantwortungsübernahme abzuleiten." Such an acceptance of responsibility is, however, "Anwendungsvoraussetzung für die Einstellung des Strafverfahrens im Wege der Diversion," it was announced from the OLG.
The new main hearing is therefore of great significance: the German national faces up to three years' imprisonment if convicted of aggravated fraud. The offense of aggravated fraud carries an increased sentencing range when, for example, a higher financial loss or particular modus operandi elements are present.
The prosecution had brought charges of aggravated fraud in the original proceedings due to the unpaid hotel bill of around 13,800 euros. The Regional Court of Innsbruck will now have to take fresh evidence and reassess the legal situation. The annulment of the diversion means that the closure of the proceedings against payment of a fine has no legal standing.
It is noteworthy that the OLG criticizes the reasoning of the court of first instance on its merits without rejecting the factual findings as such. The criticism is directed at the assessment of the acceptance of responsibility as a central prerequisite for diversion. The focus of the upcoming trial is thus shifting to the question of whether Ochsenknecht recognized the significance of his actions.
Ochsenknecht is also known in Germany for appearances on reality TV. Among other things, he won the show "Promi Big Brother" in 2024. He is the son of acting legend Uwe Ochsenknecht. The case itself concerns exclusively the criminal proceedings in Austria; civil disputes over the hotel bill are not the subject of the proceedings following the settlement of the amount by a third party.
Diversionary resolution is a frequently used instrument in Austrian criminal law to close proceedings without a verdict under certain conditions. These include the payment of a sum of money, the performance of community service, or the fulfillment of other conditions. Among the prerequisites is that the accused makes a confession and accepts responsibility.
If a conviction is reached, this would also have civil and professional consequences for the accused. In addition to a possible prison sentence, entries in the criminal record and consequences for ongoing contracts are conceivable. Until the new main hearing, the presumption of innocence applies; Ochsenknecht is at liberty.
The exact date for the new main hearing before the Regional Court of Innsbruck had initially not been set. Observers, however, expect it to be scheduled in the coming weeks. In the meantime, the prosecution will have to pursue its indictment, while Ochsenknecht's defense will be able to present its position again.
The Higher Regional Court of Innsbruck additionally justified its decision with reference to the special function of diversion as compensation for the unpronounced conviction. If no verdict is handed down, the closure must be based on a clear admission of guilt that goes beyond merely accepting the facts. The accused's previous statement was apparently measured against this standard.
For the further proceedings, the OLG's decision means that the main hearing will be conducted anew. Judges and prosecutors must now reassess the question of acceptance of responsibility and awareness of wrongdoing in a public hearing. A legally final conclusion of the proceedings is therefore not in sight for the time being.
