René Benko has been in custody for 543 days or 18 months. This is an exceptionally long pre-trial detention for Austrian standards. The statutory maximum sentence for serious crimes is two years.
But the investigations are also extraordinary. Three indictments, proceedings in three countries, insolvency damage in the double-digit billions: the legal process of the Signa collapse is well underway. But how much prison time does René Benko actually face? And what happens to the millions in possible evaded taxes?
The threat of punishment
The KURIER asked the renowned criminal defense lawyer Johannes Zink to analyze the complex legal context – and he dispels a common misconception: Benko cannot be sentenced to more than ten years in prison in Austria, no matter how many proceedings are running in parallel.
“Even if Mr. Benko were to be legally convicted in all proceedings, the maximum would be ten years of unconditional imprisonment,” explains Zink in an interview with the KURIER. The reason: In Austria, there is a maximum sentence of ten years for property crimes such as infidelity, fraud or fraudulent crime.
Other penalties
According to Professor Robert Kert from the Institute for Austrian and European Economic Criminal Law at the University of Economics and Business, any financial penalty can be added to the entire prison sentence. “There is an accumulation of penalties because financial criminal law has a different system of sanctions,” Kert tells KURIER. If, for example, tax fraud amounting to millions were alleged, then a maximum penalty of up to ten years could be imposed under financial criminal law.
“The penalties for financial offenses must be imposed separately from the other penalties,” says Kert.
Trent and Munich
Parallel to the Austrian proceedings, investigations are underway in Munich and Italy. In South Tyrol an arrest warrant was even issued against Benko in December 2024.
“As long as he doesn’t travel to Germany or Italy, nothing can happen to him,” says Zink. “We do not extradite our own citizens.” Even after serving an Austrian sentence, he could not simply be sentenced in each country one after the other. The European law principle “not for the same act twice” also applies here. In Trento, the Tyrolean is accused of forming a criminal organization along with 36 people. However, in Italy it is possible for a defendant to be convicted in absentia.
And an investigation is underway against him in Munich because a three-digit million sum from an Arab sovereign wealth fund is said to have been used improperly in the course of a real estate project. The economic and corruption public prosecutor’s office is also investigating this fact against Benko. It is unclear whether the WKStA will transfer this case to Munich. The Munich-based company made such a request in spring 2026.
Previous penalties
In October 2025, Benko was sentenced to two years in prison in Innsbruck for fraudulent Krida, but was acquitted on another count. However, the Supreme Court recently overturned the acquittal and confirmed the guilty verdict. The Innsbruck regional court must renegotiate the acquitted part and reassess the extent of the sentence. In a second trial in December 2025, Benko received a 15-month conditional prison sentence for fraudulent Krida. In mid-June 2026, WKStA brought the third charge against him for serious fraud and fraudulent Krida. Benko denies all allegations.
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