Vienna Schöffensenat acquits four police officers of assault charges

Expert opinion and time window

At the center of the proceedings was the question of exactly when the infarction had occurred. The forensic medical expert Christoph Reisinger stated in his opinion that, based on the available examination records, the cerebral infarction must have occurred between 6 and 8 p.m. This temporal narrowing subsequently became the pivot of the evaluation of evidence.

From the outset, the defense had pointed to a different version of events. According to the accused, the man had resisted arrest and there had only been a controlled takedown and restraint measures. There had been no punches or kicks, they said.

Statements of those involved

The Schöffensenat assessed the statements of the officers involved as internally consistent, whereas the account of the complainant had shown significant contradictions. Medical findings also did not allow any clear conclusions to be drawn regarding external trauma as the cause of the stroke, according to the reasoning.

After the verdict was announced, a Ukrainian national with a stroke in police custody was taken into custody at a PAZ. He had previously been arrested during protests at Schwarzenbergplatz. He stated that he had been a victim of police violence.

Background and prior history

The medical reconstruction showed that, according to the available records, the infarction had occurred within a narrowly defined time window. In the court's view, this finding could not be linked with certainty to a specific act of violence by the accused. The evidence therefore did not support the conviction required for a guilty verdict.

With the acquittal, the criminal proceedings against the four police officers are finally concluded, unless legal remedies are filed within the statutory period. Any civil law claims by the injured party would have to be decided separately. The complainant had made accusations against the officers throughout the proceedings and had questioned the statements of the police.

Course of proceedings

The case had attracted attention in Vienna over the months because it raised questions about the handling of detained persons and medical care in police custody. Human rights organizations had called for the incident to be clarified and had seen the case as a litmus test for the oversight of police action. With the verdict, this debate is provisionally concluded from the standpoint of criminal law, although the political and civil society discussion is likely to continue.

The proceedings dragged on over several hearing days. A total of four accused had to answer before the court. All four were acquitted on Monday. The taking of evidence included both interrogations of the police officers involved and the questioning of medical experts. In the end, the Schöffensenat determined that the doubts about the guilt of the accused were too great to support a conviction.