Ankle Monitor Stunt

Why Benko Might Never Have to Go Back to Prison

Despite the conviction, René Benko and his attorney Norbert Wess seem relaxed. No wonder, since the “electronic monitoring coup” is proving to be a stroke of luck for the Tyrolean.(Bild: APA/EXPA/ JOHANN GRODER)

On Thursday, René Benko, the billionaire bankrupt, was sentenced to two additional years in prison as an additional penalty. But the verdict isn’t final—the case is heading to the Supreme Court. The catch: Every day spent in pretrial detention wearing an ankle monitor will be credited toward any potential sentence for the Tyrolean. Now the game of playing for time begins.

Judge Norbert Hofer’s decisive statement came on Thursday during the sentencing: “Pretrial detention since September 28, 2026, will be credited toward the sentence,” he said. This is why René Benko, the billionaire bankrupt who has now been sentenced to four and a half years in prison (two of which are not yet final), can continue to hope that he won’t have to see the inside of a prison cell anytime soon—or perhaps not at all.

One of only two pretrial detainees under house arrest
As a pretrial detainee wearing an ankle monitor, Benko is an absolute exception; only two out of 1,863 pretrial detainees enjoy this privilege. Just as his complex case, with more than a dozen strands still pending, is an exception.

If the time spent in pretrial detention is credited toward a sentence, this also applies to the time spent under electronically monitored house arrest

Strafrechtsexperte Robert Kert

Bild: zVg

This complexity may work in Benko’s favor: In his 60-square-meter apartment in Innsbruck, the 49-year-old is now “serving” time that, in the event of a combined sentence, he would otherwise have had to spend in prison.

Expanded Leeway with the Ankle Monitor
Due to the approach chosen by the WKStA, Benko is continuously accumulating time in custody, which expands the ankle monitor leeway for the real estate juggler.

A sample calculation: Suppose the four-and-a-half-year sentence becomes final. In that case, Benko could expect to be released after three years (two-thirds of the sentence). Since the most recent legislative reform, the last two of those years can be served under electronic monitoring. This means that once the verdict becomes final, Benko can immediately apply for electronic monitoring, since he has now been “in custody” for 21 months.

It will be many months before Thursday’s verdict is heard before the Supreme Court. This is a period during which Benko can continue to “accumulate” days of imprisonment at home, especially since—as mentioned at the outset—every single day will be counted toward a potential final conviction.

“If the time spent in pretrial detention is credited toward a sentence, this also applies to the time spent under electronically monitored house arrest,” confirms criminal law expert Robert Kert of the Vienna University of Economics and Business (WU) in response to a query from *Krone*.

The ball is now in the Higher Regional Court’s court 
So things are looking bright for the disgraced Signa founder. Were it not for the sword of Damocles hanging over him: The WKStA has filed an appeal against the ankle-monitored pretrial detention approved by the Innsbruck judge. The Innsbruck Higher Regional Court plans to rule on the matter in November.