Benko trial before the OGH: Defense lawyer demands an acquittal

The court found it proven that Benko transferred around 300,000 euros back to his mother Ingeborg on November 29, 2023 – at a time when he was already insolvent and creditors were waiting for their money. The court viewed this as a transfer of assets to the detriment of the creditors.

WKStA fights acquittal

Benko’s lawyer Norbert Wess filed an annulment complaint and appeal against the guilty verdict. Meanwhile, the Economic and Corruption Public Prosecutor’s Office (WKStA) is fighting the partial acquittal. The Innsbruck court had no objections to an advance rent payment for the family villa on Innsbruck’s Hungerburg in the amount of 360,000 euros.

But the General Procuratorate, the highest public prosecutor’s office in the Republic, recommends that the highest judges confirm the guilty verdict and overturn the partial acquittal.

Already second conviction, third charge brought

Defense attorney Norbert Wess now argues with a sophisticated construct: The repayment actually did not harm the creditors because Benko’s mother always measured the monetary donations to her son based on needs. Or to put it another way: Whenever René Benko needed money, the mother made it available to the son.

The central argument: If Benko had not transferred the 300,000 euros back, his mother would have given him less in subsequent transfers. On December 5, 2023, he received another 1.3 million euros from his mother, and on December 18, another million euros. This is evidence that the mother paid according to specific needs. Wess’ conclusion: The creditors’ liability fund was not reduced by the remittance. There is a lack of causality between the act and the damage necessary for a conviction.

The nullity complaint is based on three allegations:

1. Incomplete assessment of the evidence: The court ignored essential evidence – such as Ingeborg Benko’s affidavit, according to which she made payments “if he requested it”. Bank statements that are supposed to prove the needs orientation were also ignored.

2. Lack of findings on causality: The judgment does not determine whether the mother’s subsequent donations would have been made in the same amount even if Benko had kept the 300,000 euros. Without this finding, a conviction would not be legally tenable.

3. Active remorse: Even if a crime had been committed, the reason for reversal of the sentence of “active remorse” under Section 167 of the Criminal Code applies. Because Benko actually “recovered” the 300,000 euros through his mother’s subsequent donations – so the damage was compensated for before the authorities found out about it.

In the end, Benko’s defense lawyer Norbert Wess demands an acquittal or, if necessary, that the case be referred to the trial court for a retrial. If the verdict remains guilty, he will demand that the sentence be reduced to a conditional prison sentence. René Benko has been in custody since January 2025.