Lower Austria: Mayor sentenced to prison for office!
Lower Austria: Mayor sentenced to prison for office!
In a sensational case, a mayor from the Lower Austrian Waldviertel at the Krems Regional Court was sentenced to one year of imprisonment for abuse of office. The 59-year-old politician, who belongs to the ÖVP, rejected the allegations and not guilty. According to The press was reimbursed on "unwibled truth. justified ".
At the center of the investigation was a construction project by a municipal resident, which dealt with the conversion of a garage into foreign rooms and the establishment of three horse boxes, stone fasteners and an area of terrain. The mayor granted the building permit on August 20, 2020, although this became controversial in retrospect. In the summer of 2023, construction work had already been made in the form of terrain.
building practices under the magnifying glass
The case throws a light on common practices in construction, which according to discussions in jusline-forum are not unusual. Often civil servants in the building authority in rural areas have a modest professional ethic, and many builders think according to the motto "where no plaintiff, there is also no judge". Black construction is also a common topic that can lead to urban and rural construction site problems.
As visible in this case, a notice notice that the mayor issued on August 30, 2023 led to great ambiguities. The public prosecutor argued that the mayor knew about the present approval when he made the decision. The continued construction project, which was not sufficiently legally secured, led to the stone wall stopped up to the present time - without further steps in the community.
legal gray zones and responsibility
In connection with the case, the topic of the "inventory" and "protection of legitimate expectations" is also relevant. Owners often defend themselves against demolition orders because they state that the construction was approved at a certain point in time. According to the regulations, which are specified, for example, in
The judge, who decided in the case of the mayor, took into account the ordinary lifestyle of the accused and the long time interval since the act, but emphasized that the judgment should have a signal effect. Interestingly, the defense was asked by the defense by reflection period, while the public prosecutor's office waived legal remedies. With this judgment, another chapter in the history of legal disputes about structural projects in rural areas is opened. At a time when the population is increasingly sensitive to illegal building practices, it remains to be seen how municipalities and whose officials deal with such challenges in the future.
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| Ort | Waldviertel, Österreich |
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