Ott Espionage Sentence Appeal: Vienna Prosecutor Seeks

Vienna, 26 May 2026 The Vienna public prosecutor's office has filed an appeal against the four-year, one-month prison sentence handed to former BVT chief inspector Egisto Ott, arguing the punishment for espionage and abuse of office is too low despite its proximity to the five-year legal maximum. A jury court at the Vienna Regional Criminal Court, consisting of three professional judges and eight jurors, unanimously found Ott guilty of espionage and abuse of office. The trial against the former chief inspector at the Federal Office for the Protection of the Constitution and Counterterrorism (BVT) has been underway since the end of January. ## The Crimes Uncovered According to the verdict, which is not yet legally binding, Ott conducted personal queries and research without official authorization, often for payment, in the interest of the Russian FSB intelligence service and passed on the results. The court found that he systematically collected and transmitted non-public secrets from police databases for the FSB or for Jan Marsalek, a former Wirecard manager now sought as an alleged Russian agent. ## A Sentence Near the Maximum The sentence imposed was four years and one month in prison. The maximum penalty for espionage under the applicable legal framework is five years. Four months were deducted from the sentence due to the excessive length of the proceedings, meaning Ott must serve 20 months in a correctional facility. The verdict also explicitly ruled out electronically monitored house arrest for a period of 20 months. The Vienna public prosecutor's office has now filed an appeal against the sentence, arguing that the punishment is too low. Despite the sentence being only 11 months short of the maximum, the prosecutor is seeking a more severe penalty. The appeal was confirmed by court spokespeople on Tuesday. ## Appeals from Both Sides Ott's defense attorney Anna Mair said she was 'durchaus überrascht' (quite surprised) by the sentence length. She added that it is 'absolut nicht nachvollziehbar, dass ein bisher Unbescholtener fast die Höchststrafe bekommt' (absolutely incomprehensible that a previously blameless person receives almost the maximum sentence). Mair filed both an appeal for annulment and an appeal against the sentence in the courtroom shortly after the verdict was read last Wednesday. A co-defendant police officer, who worked as an IT forensic specialist at the BVT and allegedly extracted mobile phone data of cabinet staff for Ott, was also convicted. He was found guilty of abuse of office and breach of confidentiality obligations and received a suspended sentence of 15 months. The public prosecutor's office has likewise appealed the sentence length in his case. Those affected by Ott's espionage included a defected FSB officer who had fallen out of favor in Russia and the Bulgarian investigative journalist Christo Grozev, who has extensively reported on Russian intelligence operations. ## A Trail of Espionage to Moscow The verdict details how three service mobile phones belonging

Vienna Prosecutor Appeals Sentence in Ott Espionage Case as Defense Decries Near-Maximum Penalty

The Crimes Uncovered

A Sentence Near the Maximum

Appeals from Both Sides

A Trail of Espionage to Moscow