René Benko must also remain in custody at Christmas

“The court believes that the long period of time in the past that has to be examined already establishes the (specific) risk of committing a crime in the future,” said the defense lawyer Norbert Weiss to the COURIER. “We see it differently because it does not sufficiently take proportionality into account because of the previous (recognizable) detention of an Austrian citizen who has so far been blameless before the courts and who is also fully socially integrated. We will therefore also be filing an appeal against this decision this time.”

“Today’s detention hearing was scheduled based on the accused’s request for release. The court continues to assume that there is strong suspicion of the crime, as well as the existence of the reason for detention: the risk of committing the crime (according to Section 173 Paragraph 2 Number 3 Letters a) and b) of the Code of Criminal Procedure) and also the proportionality of the detention,” said the court. “The circumstances relevant to the pre-trial detention have not changed. The pre-trial detention was continued until February 23, 2026.”

A complaint against the decision to extend pre-trial detention can be submitted to the Vienna Higher Regional Court within three days. The Economic and Corruption Prosecutor’s Office (WKStA) and the defense made no statement.

“We see it differently because it does not sufficiently take proportionality into account because of the previous (recognizable) detention of an Austrian citizen who has so far been blameless before the courts and who is also fully socially integrated. We will therefore also be filing an appeal against this decision this time.”

René Benko was sentenced to two years of unconditional imprisonment in the first trial and 15 months of conditional imprisonment in the second trial, but the sentences are not legally binding. Therefore, Benko is considered a blameless citizen.

The Federal President has five prisoners Alexander Van der Bellen given a Christmas amnesty – they are released early and can spend the holidays in freedom. Others (the “bravens,” as they say) can hope to get out at Christmas.

One of them is Karl-Heinz Grasser who has been serving his sentence from the Buwog case in the Innsbruck prison since June.

Read more about Christmas in prison here.