Court ruling

Automatically saved draft

In September 2024, serious riots broke out during the Vienna derby between Rapid and Austria.(Bild: GEPA)

Four men who participated in the pitch invasion during the Vienna Derby in September 2024 were sentenced on Thursday to suspended prison terms ranging from three to 14 months. A 30-year-old received three months of unsuspended imprisonment and 15 months of suspended imprisonment. Four of the verdicts are final; one defendant requested time to consider his options. The men were charged with aggravated joint violence and, in some cases, attempted assault and property damage.

Mitigating factors for all five were their admission of guilt and their display of remorse. An aggravating factor for the 30-year-old was that he already had five prior convictions. However, he may be able to avoid a stay in prison by wearing an ankle monitor. The judge took into account that he had already voluntarily completed anti-violence training. A 21-year-old Austrian also had a prior criminal record and was therefore sentenced to 14 months of probation. Two other defendants received three months, and one received five months of probation. Unlike the other four, the latter has not yet accepted the verdict. The prosecutor accepted the sentences for all five convictions.

In addition, the men were issued a nationwide stadium ban for the duration of a two-year probationary period, covering all matches in the first and second Bundesliga, all ÖFB Cup games, all international matches involving Austrian teams, and all national team matches. Friendly matches are also included in the stadium ban.

“The problem was being drunk”
In their closing arguments, the defense attorneys for the five men emphasized that their clients had learned from the incident. Several of the defendants agreed to complete anti-violence training; one has already voluntarily participated in a session. His defense attorney pointed out that while his client had struck someone with a bucket, he had not injured anyone. The 30-year-old had subsequently “realized that things couldn’t go on like this,” the lawyer added. “I’m sorry; I’m on the right track in my life right now and hope you can see that,” the man with five prior convictions told the judge.

“Let’s give him another chance to finally get his life under control,” appealed the defense attorney for a pitch invader with three prior convictions—all for assault. The problem, however, was not his potential for violence, the attorney said. “The problem was that he was drunk,” he concluded, also asking for a lenient sentence.

(Bild: Gerhard Bartel)

,former Rapid coach, requested as a witnessThree cases were dismissed on Thursday, leaving only five of the original 22 defendants in the main trial. Thirteen men were granted diversionary measures on the first two days of the trial, and one case had already been dismissed.

In the morning, video footage from the stadium cameras was largely reviewed. The footage showed the violent clashes between Rapid and Austria fans on the field at the Allianz Stadium, some of whom were now sharing the dock. Fans from both sides set off pyrotechnic devices and attacked each other as well as police officers. Several people were injured, some seriously. The review of the footage was intended to clarify the extent to which the defendants were involved. “He is very clearly recognizable in the crowd here,” the judge noted in the record regarding the fourth defendant. “But not right at the front,” defense attorney Pia Kern interjected. She requested that the then-Rapid coach Klauß and his assistant coach Stefan Kulovits be summoned as exculpatory witnesses.

Police officers injured
At the start of the trial on Monday, prosecutor Kristina Kamauf had spoken of a “quasi-war-like state.” A female police officer suffered burns, while a male colleague experienced temporary hearing loss and tinnitus in his left ear. Another police officer sustained chipped teeth when his braces were ripped from his mouth. One fan was hospitalized with a fracture of the left maxillary sinus floor, a fracture of the left eye socket, a fracture of the left zygomatic bone, and a nasal bone fracture. Kamauf charged the defendants with, among other things, aggravated collective violence (Section 274 of the Swiss Criminal Code), as well as resistance to state authority (Section 269 of the Swiss Criminal Code).

Diversionary measures for 13 pitch invaders
The 13 defendants who had no prior criminal record were granted diversionary measures. They must each pay 150 euros in court costs and 50 euros in symbolic compensation to SK Rapid and to an injured police officer, who had joined the proceedings as private parties. In addition, they are subject to the same extensive stadium ban as those convicted this Thursday. If they comply, they will continue to be considered of good character.

The remaining five defendants were denied diversion by the judge because they had prior convictions or had otherwise come into contact with the justice system in the past. The three cases dismissed on Thursday will resume on April 8; no diversionary solution was offered for them either. The trial of the defendant whose case was already dismissed on Tuesday will continue next Wednesday.