After seven weeks

René Benko’s appeal against detention rejected by the Higher Regional Court

René Benko at one of his two trials in Innsbruck(Bild: Michaela Stache)

Following the further extension of his pre-trial detention on December 23, 2025, due to a "concrete risk of committing a crime," real estate tycoon René Benko filed an appeal against his detention with the court for the first time. And it was rejected! He was more successful in another case.

"After more than seven weeks, the Vienna Higher Regional Court has now ruled on our client's appeal against detention and has not upheld it. From the defense's point of view, the decision is incomprehensible," said Norbert Wess, the defense attorney for record bankrupt René Benko, on Tuesday. The appeal against detention, which he had lodged after Benko's pretrial detention was extended again on December 23, 2025, was rejected. The new end of the detention period is therefore April 16, 2026.

Further crimes to be feared
In its decision, the Vienna Higher Regional Court essentially agrees with the court of first instance that René Benko is strongly suspected of having committed the crimes of aggravated fraud, embezzlement, and fraudulent bankruptcy, as well as the misdemeanor of falsifying evidence. The appeals court sees the risk of further offenses as grounds for detention, fearing that René Benko would commit further offenses causing significant damage to other people's property if he were released.

Appeal to the Supreme Court?
The real estate mogul, who has already been acquitted twice, will therefore remain in custody at the Ziegelstadel prison in Innsbruck. Benko has now been in pre-trial detention for more than a year. Wess criticizes the fact that in this specific case, there is still a "concrete risk of committing further crimes." "We will now calmly analyze the decision with our client and decide together with him whether to appeal to the Supreme Court on the basis of a constitutional complaint," said Wess, who has had some success in another case.

State must pay Benko €1,346
The Administrative Court has ruled that the coercive penalty imposed on record bankrupt René Benko for refusing to testify before the parliamentary committee of inquiry into COFAG was unlawful. The Tyrolean businessman refused to answer questions about "Chalet N" before the committee in May 2024 and was subsequently fined €700.

The fallen real estate mogul refused to testify, citing several proceedings against him, in particular financial proceedings, which were pending and not yet concluded in connection with the Signa bankruptcy.

Because the request for the coercive fine was only made after the end of the hearing of evidence by the investigative committee – i.e., at a time when Benko could no longer have been summoned again – the request for the imposition of a coercive fine was inadmissible according to the Supreme Court. The federal government must now reimburse René Benko for expenses amounting to €1,346.40 within two weeks.