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CRIME

Austrian prosecutor confirms American was murdered

An American au-pair who was found dead in her apartment in Vienna in January was definitely murdered, the state prosecutor has confirmed this week.

Austrian prosecutor confirms American was murdered
Photo: Facebook/Private

The body of 25-year-old Lauren M. was discovered after her employee informed police when she realised the normally reliable au-pair had not picked up her child from school.

Firemen broke down the door to her flat to find her half-undressed body lying face down on a mattress and surrounded by burning candles. Although investigators believed she had been suffocated it was too soon at that time to tell whether she had definitely been murdered.

Spokesperson for the state prosecutors Nina Bussek confirmed to the Kurier newspaper on Wednesday that they are now sure they are dealing with a murder case and that Lauren M. was forcibly suffocated to death.

The newspaper also reported that DNA belonging to a suspect who had been living in the apartment with the American was found on her body.

Gambian Abdou I., 23, who had been living with Lauren M. after his asylum application was rejected by authorities, disappeared after her body was discovered but was soon arrested in a Swiss asylum centre.

Last week a Swiss judge ruled that he can be extradited to Austria, although he has 30 days to decided whether or not to lodge an appeal.

If no appeal takes place, he will be deported in April.

For members

LIVING IN AUSTRIA

What happens if you get arrested in Austria?

It’s always good to know your legal rights when living as a foreigner in Austria - including if you get in trouble with the police.

What happens if you get arrested in Austria?

Getting arrested is probably not high up on a list of must-dos for international residents in Austria, but it’s not a bad idea to know what would happen if you did.

In a nutshell, the process in Austria is similar to most other countries in that you have to be suspected of committing a crime to be arrested.

But what happens next? What are your rights? And how long can someone be held in custody?

Here’s what you need to know.

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When can someone be arrested in Austria?

If someone is suspected of being a criminal, they can be arrested by the police and taken to a police station for questioning. 

Under the Austrian Code of Criminal Procedure, suspects must be informed of their rights as soon as possible, or at the very least before being interrogated by the police.

They also have a right to remain silent or to make a statement, as well as consult a lawyer.

According to Vienna-based attorney Evert Vastenburg, the initial detainment after arrest can last up to 48 hours while a judge decides whether a person should remain in custody or not.

A suspect can then be released on bail or under certain conditions, such as handing over a passport to police.

However, those suspected of serious crimes that typically lead to a prison sentence of 10 years or more (if found guilty) are almost always remanded in custody.

READ MORE: Austria wary of cyber attacks after personal data of foreign residents leaked online

When is someone remanded in custody?

To be refused bail and remanded in custody, there must be serious suspicion that another crime could be committed. 

The judge also must believe there is no other way to deal with the suspect. For example, he/she needs to be readily available to the authorities for questioning.

Another valid reason to keep someone in custody past the initial 48 hours is the risk of someone absconding. In fact, Vastenburg says a flight risk is often assumed with people that do not live and work in Austria.

Other reasons to deny a suspect release are a risk that evidence will be destroyed, witnesses will be contacted, or there is a possibility that further crimes will be committed.

What happens if bail is denied?

If bail is denied and a person must be held in custody for more than 48 hours, they have to be legally represented by a lawyer.

If a suspect can’t afford to hire a lawyer, they will be appointed a Verfahrenshilfe (public defender) by the state.

The case will be then reviewed by a judge on a regular basis to decide if custody should continue.

The first review will take place after 14 days, then at one month and every two months, but a suspect can petition for release at any time.

READ ALSO: Six tourist scams to be aware of in Austria

How many foreigners are in Austrian prisons?

According to data from the Austrian Judiciary, the number of foreigners in Austrian jails as of June 1st 2022 was 4,332 – almost 50 percent of all prisoners.

In relation to the statistics, the Austrian Judiciary states: “The high proportion of foreigners is one of many challenges for the Austrian penal system. 

“In particular, with regard to successful rehabilitation, the fastest possible transfer to the countries of origin is encouraged.

The most common nationality of foreign prisoners in Austria is Romanian, followed by people from the former Yugoslavian states, Hungary, Nigeria and Turkey.

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