Access to the case file in criminal proceedings — who may see the criminal case file?

Are you the accused in criminal proceedings and would you like to know what the police and the public prosecutor's office actually have against you? Then access to the case file is one of the most important instruments of the defence.

Many accused persons know the allegation, but they do not know which statements, documents, photographs, videos or other evidence are actually in the criminal case file. For precisely this reason, one central question arises: What is actually in my criminal case file?

Austrian criminal procedure law gives accused persons, as a rule, the right to inspect the results of the investigation proceedings and the main proceedings. This right is governed by § 51 StPO.

Access to the case file means the right to inspect the documents and results that are held in the particular criminal proceedings.

These may include – depending on the particular proceedings – for example:

• the criminal complaint,
• police reports,
• statements by witnesses,
• statements by the accused,
• photographs,
• video recordings,
• messages and other electronic data,
• expert opinions,
• documentation from court-appointed experts,
• records,
• documents,
• seizure and confiscation documents,
• other investigation results.

As a rule, the accused is entitled to inspect the results of the investigation proceedings and the main proceedings that are available to the criminal investigation police, the public prosecutor's office and the court. As a rule, § 51 StPO also covers the possibility of viewing items of evidence, in so far as this is possible without prejudice to the investigation.

A criminal defence should not rest exclusively on what the accused personally knows about the case. An accused person often knows only his or her own perception. The police and the public prosecutor's office, by contrast, may already have further information at their disposal.

For example, the criminal case file may contain:

• a statement by the complainant,
• several witness statements,
• chat histories,
• video recordings,
• medical findings,
• photographs,
• police observations,
• expert opinions or
• other evidence.

As a rule, yes. § 49 StPO expressly names access to the case file as a right of the accused. § 51 StPO sets out this right in more detail.

This means: if criminal proceedings are being conducted against you, you have, as a rule, the right to inspect the existing results of the proceedings. This right exists both in the investigation proceedings and in the main proceedings before the court.

The right of access to the case file is not absolutely unrestricted at every stage. During the investigation proceedings, access to the case file may be restricted subject to certain conditions.

Under § 51 Abs. 2 StPO this is possible, in particular, where special circumstances give rise to the concern that immediate knowledge of certain documents in the file could jeopardise the purpose of the investigation.

Can the police say: “You will not get the file”?

A blanket refusal of access to the case file is not the statutory rule. As a rule, the accused has a statutory right of access to the case file.

However, individual documents in the file or items of information may temporarily be excluded from inspection subject to the conditions of § 51 Abs. 2 StPO. In addition, there are special protective provisions for persons at risk and their personal data.

For this reason it must always be examined: which documents in the file are not being released and why?

That depends on the proceedings. Particularly before an important questioning, the question may be relevant whether knowledge of the file already exists and which information is available to the defence.

In many proceedings it makes sense to examine the existing state of the file first and only then to decide on a detailed statement by the accused.

This can be particularly important, for example, in the case of the following allegations:

• bodily harm,
• dangerous threat,
• coercion,
• fraud,
• theft,
• robbery,
• narcotics offences,
• document offences,
• sexual offences,
• traffic offences with criminal law consequences.

That cannot be answered across the board. Austrian criminal procedure law gives the accused the right to comment on the allegation or to refuse to make a statement. Whether a statement makes sense before or after access to the case file depends on the particular case.

Particularly where the evidential situation is unclear, it can be important for the defence to know first:

• What does the complainant allege?
• What do the witnesses say?
• What evidence is available?
• Are there contradictions?
• Are there exonerating circumstances?

Only then can the defence strategy be sensibly determined.

Example: one statement against another

Suppose that a person files a criminal complaint against you for bodily harm. You deny the allegation. Without access to the case file you may not know what exactly the complainant has stated.

Perhaps he or she claims that three people saw the incident. Perhaps, however, one of these witnesses says something quite different. Or a witness was not at the scene at all. Or video recordings exist that show a different course of events.

That depends on the particular proceedings. Possible components are, for example:

Criminal complaint

This contains the original account of the facts.

Police reports

In these the investigating authorities document their observations and investigative steps.

Witness statements

These can be particularly important for the assessment of the evidence.

Questioning of the accused

Statements already made by the accused may likewise form part of the file.

Photographs and videos

Depending on the case, surveillance videos, photographs of the scene or other images may be present, for example.

Electronic data

These may include, for example, messages or other digital information, in so far as they were lawfully obtained and taken into the proceedings.

Expert opinions

In certain proceedings court-appointed experts may be engaged.

As a rule, copies or printouts from the file may be issued to the accused on application and against a fee. Subject to the available technical means, the making of copies may also be permitted. § 52 StPO governs the details.

If access to the case file is exercised by defence counsel, he or she can process and analyse the relevant documents for the defence. In practice, the analysis of the file by a lawyer is particularly important where criminal case files are extensive.

What does access to the case file cost?

The actual costs depend on how access to the case file is carried out and whether copies or printouts are made. As a rule, § 52 StPO provides for a fee for copies or printouts.

The costs of access to the case file by a lawyer additionally depend on the respective fee agreement and on the scope of the work.

In extensive criminal proceedings the file may run to several hundred or even several thousand pages. Then it is no longer merely a matter of “obtaining” the file. What is decisive is the proper analysis.

A criminal defence lawyer does not merely read through the file. The essential question is: what does the content of the file mean for the defence?

The following points, for example, may be examined:

• Which evidence incriminates the accused?
• Which evidence exonerates him or her?
• Are there contradictions between witness statements?
• Are there contradictions as to timing?
• Are the statements of the complainant consistent?
• Is there objective evidence?
• Which evidence is missing?
• Are there doubts about the reliability of a witness?
• Are investigative measures open to legal challenge?
• Are there grounds for a discontinuation of the proceedings?
• What statement should the accused make?
• Do further applications for the taking of evidence make sense?

It is precisely this legal and strategic analysis that makes access to the case file valuable for the criminal defence.

That depends on the particular proceedings. As a rule, the identity of the complainant or of witnesses may emerge from the documents in the proceedings.

There are, however, statutory protective options, in particular where persons at risk have to be protected. Subject to certain conditions, § 51 Abs. 2 StPO makes it possible to exclude from access to the case file personal data and other circumstances that permit conclusions to be drawn about the identity or the most personal circumstances of persons at risk.

For this reason it cannot be said across the board for every set of proceedings that all personal data are accessible without restriction.

A police report may, for example, appear entirely unambiguous at first sight. For a criminal defence lawyer, however, questions may arise from it:

• How was the information obtained?
• Who actually perceived what?
• Is the statement first-hand or only hearsay?
• Are there contradictions?
• Which evidence is missing?
• What legal consequences follow from this?

For this reason the analysis of the file by a lawyer can make a material difference.

Access to the case file before the first statement – does it make sense?

That can make sense in particular where the allegation is serious or the evidential situation is unclear.

Imagine, for example: a criminal complaint is filed against you for dangerous threat. You know that a conversation took place. However, you do not know whether the complainant claims that further persons were present.

After access to the case file it may turn out that a supposed witness did not perceive the incident himself or herself at all. Or there are messages that show the context of the conversation. This information may influence the decision whether and how you comment on the allegation.

After access to the case file the defence should assess the evidential situation. Depending on the case, different steps may then make sense:

Written statement

The defence may submit a written statement on the allegation.

Applications for further evidence

It can be examined whether particular witnesses should be questioned or other evidence taken.

Statement by the accused

It can be decided whether and to what extent the accused should make a statement.

Application for discontinuation

If the conditions for it are met, a discontinuation of the proceedings can be sought or applied for.

Further defence measures

Depending on the proceedings, further legal steps may be necessary.

What if the public prosecutor's office restricts access to the case file?

It should then be examined on what statutory basis the restriction is being imposed. During the investigation proceedings the law permits a restriction only subject to certain conditions, in particular where knowledge of certain documents in the file could jeopardise the purpose of the investigation.

Special rules apply where the accused is in custody: with regard to those documents in the file that are of significance for assessing the suspicion of the offence or the grounds for detention, a restriction of access to the case file is not permissible from the imposition of pre-trial detention onwards.

If you are the accused in criminal proceedings in Vienna, early access to the case file can be of considerable importance for the defence.

This applies in particular if you

• have received a police summons,
• have already been questioned,
• have learned of a criminal complaint against you,
• have experienced a house search,
• expect an indictment,
• or would like to know what evidence there is against you.

It is precisely in the investigation proceedings that the course for the further progress of the case can be set.

Access to the case file through a criminal defence lawyer

If you instruct a criminal defence lawyer, he or she can obtain access to the case file for you and analyse the existing documents.

The advantage lies not only in your knowing what is in the file. What is decisive is rather that the defence can assess what the content of the file means in law.

That can lead, for example, to the question:

• “Should my client make a statement now – or is it better to remain silent for the time being?”
• “Which witness statement is open to challenge?”
• “Which exonerating evidence still has to be obtained?”
• “Are there sufficient grounds for a discontinuation of the proceedings?”

Anyone who is accused should not only know what he or she is being accused of. As far as possible, he or she should also know:

• What evidence is there?
• What have witnesses stated?
• What does the criminal complaint say?
• What information is available to the public prosecutor's office?
• Is there exonerating evidence?

This is exactly where access to the case file comes in. Under § 51 StPO the accused is, as a rule, entitled to access to the case file. In the investigation proceedings this right may be restricted subject to certain statutory conditions.

A good criminal defence therefore does not consist only in appearing in court. It often begins with the analysis of the investigation file.

Note: This article provides general information and does not replace individual legal advice. The specific legal assessment depends on the circumstances of the individual case. As at: September 2026.