Crypto Fraud & Domestic Criminal Jurisdiction
Austrian Supreme Court confirms domestic criminal jurisdiction if the (erroneous) disposal of assets took place in Austria
Background: The Vienna Public Prosecutor's Office discontinued proceedings for aggravated fraud on the grounds that the final damage had occurred abroad (Malta). The Supreme Court disagreed: The location of the (deceptive and erroneous, self-)damaging disposal of assets by the victim – in this case in Austria – is also decisive.
Impact: This decision strengthens the prosecution of online and crypto fraud and shows how important it is to precisely examine the scene of the crime – not only the damage, but also the act that caused the damage.
The Liechtenstein Supreme Court is likely to rule similarly on this legal issue regarding domestic criminal jurisdiction.
Supreme Court of Justice of June 4, 2025, on 13 Os 32/25t