Fraud in Austria: Criminal Code (StGB) Articles and Penalties 2026

Fraud in Austria: Criminal Code (StGB) Articles and Penalties 2026 Fraud in Austria is prosecuted under § 146–151 StGB. Learn about fraud types, penalties, Sozialbetrug, how to report, and your legal rights as a victim. Topics: Daily Life, Economy.

Austrian criminal law imposes strict penalties for fraud (Betrug) — one of the most common crimes in the country. Police register tens of thousands of cases every year, ranging from petty online scams to large-scale financial schemes worth millions of euros. The core regulations are found in §§ 146–151 of the Strafgesetzbuch (StGB), the Austrian criminal code.

This article will cover what constitutes fraud under Austrian law, which StGB articles apply, what penalties are imposed for different types of Betrug, how gewerbsmäßiger Betrug differs from basic fraud, how to file a police report, and what steps to take if you become a victim. The information is based on the current version of the StGB, case law of the Supreme Court of Austria (OGH), and official crime statistics.

What Is Fraud Under Austrian Criminal Law

Austrian law defines Betrug in § 146 StGB as an intentional act in which a person, seeking unlawful financial gain, deceives another party or exploits their misconception to cause property damage. Simply put: the fraudster deceives the victim, the victim loses money or assets, and the fraudster profits.

The key elements of the offence are:

• Deception (Täuschung) — providing false information or concealing the truth
• Misconception (Irrtum) — the victim mistakenly believes the fraudster
• Property disposition (Vermögensverfügung) — the victim transfers money or property
• Damage (Schaden) — financial or property loss is caused
• Intent (Vorsatz) — the fraudster acted deliberately

Importantly, Betrug falls under crimes against property (strafbare Handlungen gegen fremdes Vermögen). It is not the same as theft (Diebstahl, § 127 StGB), where property is taken against the owner’s will. In fraud cases, the victim voluntarily hands over assets — but only because they were deceived.

As the Supreme Court of Austria (OGH) notes, a direct causal link between the deception and the property transfer is required for a Betrug conviction. Even an unsuccessful attempt is punishable as attempted fraud.

§ 146 StGB: Basic Fraud Offence

The basic provision — § 146 StGB — establishes liability for simple fraud. The penalty under this article is up to two years’ imprisonment. If the damage is minor, the court may impose a fine (Geldstrafe) of up to 360 daily rates instead.

What constitutes “simple” Betrug in practice:

• Deception during purchase or sale (unpaid goods, forged documents)
• False promises of services with advance payment
• Using another person’s payment card without consent
• Concealing information during contract negotiations

The principle of Subsidiarität applies: criminal prosecution for Betrug is used when no specialised provision exists. For example, fraud involving subsidies is prosecuted under § 153b StGB (Betrug um Förderungen), not the general rule.

According to the annual crime report by BMI and Bundeskriminalamt for 2025, over 38 000 fraud cases were registered in Austria in 2025, with a clearance rate of approximately 60%. The average damage per case ranges from €500 to €5 000, though amounts can reach millions in major fraud schemes.

§ 147 StGB: Aggravated Fraud

When fraud involves aggravating circumstances, § 147 StGB applies. This section carries a penalty of six months to five years’ imprisonment.

Aggravating circumstances include:

• Damage exceeding €5 000 — the threshold for aggravated fraud
• Use of forged documents — fake IDs, certificates, or contracts
• Abuse of official position — the fraudster used their authority
• Organised group involvement

For exceptionally large damage — over €300 000 — the penalty increases to one to ten years’ imprisonment (§ 147 para. 3 StGB). As Der Standard reports in its coverage of the Signa fraud case, cases involving such sums are regularly tried before jury courts (Geschworenengericht).

A critical distinction: when damage exceeds €5 000, the crime ceases to be a private prosecution offence (Privatanklagedelikt) and becomes a public offence (Offizialdelikt) — the police and public prosecutor’s office must investigate even without a victim’s formal complaint.

Commercial and Gang Fraud (§ 148–149 StGB)

The Austrian code distinguishes two particularly dangerous forms of fraud:

Gewerbsmäßiger Betrug (§ 148 StGB) — systematic fraud committed as a source of regular income. If a person commits fraud as a trade — regularly and on a significant scale — the penalty is six months to five years. This applies to serial online scammers who operate dozens of phishing sites, for instance.

Bandenmäßiger Betrug (§ 149 StGB) — fraud committed as part of a criminal gang. When two or more people band together for systematic fraud, each member faces one to ten years’ imprisonment. As ORF reports citing the WKStA, Austrian police cracked several large phone fraud rings in 2024–2025 (e.g. “falscher Polizist”, “falscher Enkel” scams) that caused at least €19 million in damage, with a significant dark figure of unreported cases.

Section § 149a StGB also covers criminal organisations formed specifically to commit fraud — this is classified as serious organised crime.

Penalties for Fraud in Austria: Sanctions Table

The Austrian penalty system for Betrug follows a graduated scale based on severity:

Type of Fraud	StGB Section	Penalty
Basic Betrug	§ 146	Up to 2 years imprisonment or fine up to 360 daily rates
Aggravated (damage >€5 000)	§ 147 (1)	6 months – 5 years
Using forged documents	§ 147 (2)	6 months – 5 years
Exceptionally large damage (>€300 000)	§ 147 (3)	1–10 years
Commercial (gewerbsmäßig)	§ 148	6 months – 5 years
Gang fraud	§ 149	1–10 years

As with other areas of Austrian law, violations carry financial consequences — we covered unexpected fine situations in a dedicated article.

In addition to imprisonment, the court may order:

• Fines — 2 to 360 daily rates (the rate depends on the offender’s income)
• Asset forfeiture (Verfall) — confiscation of criminal proceeds
• Professional ban (Berufsverbot) — especially relevant for financial advisors, real estate agents, and lawyers

As the RIS (Rechtsinformationssystem des Bundes) in the StGB text explains, courts consider mitigating factors when sentencing: voluntary restitution, confession, and no prior criminal record. Full compensation before trial can lead to a significantly reduced sentence.

Social Fraud: Sozialbetrug

A separate category — Sozialbetrug — covers fraud involving social benefits. Austrian law defines several specialised offences:

• § 153b StGB — Betrug um Förderungen (subsidy and grant fraud)
• § 153c StGB — Betrug um sonstige Leistungen (social benefit fraud)
• § 153d StGB — organisierter Sozialbetrug (organised social fraud)

Penalties for Sozialbetrug range from fines to up to 10 years’ imprisonment depending on the amount involved. Organised social fraud is punished particularly severely — this involves groups systematically obtaining benefits using forged documents.

According to a WKO Niederösterreich report on combating social benefit abuse, total confirmed damage from Sozialbetrug since the task force Solbe was established in 2018 amounts to roughly €135 million, with annual damage estimated in the hundreds of millions. The most common schemes include:

• Fictitious employment to claim unemployment benefits
• Fake income certificates to obtain Wohnbeihilfe (housing assistance)
• Multiple registrations to claim Familienbeihilfe (child benefits) for non-existent children

In 2024, the specialised KSV (Korruptionsstaatsanwaltschaft) — the anti-corruption prosecution office — was strengthened to combat economic crime and large-scale fraud.

Organised fraud in Austria causes over €500 million in damage annually. The most vulnerable groups remain the elderly and recent immigrants who are less familiar with local procedures.

— Bundeskriminalamt Report, 2025

How Criminal Proceedings Are Initiated

If you become a victim of fraud in Austria, here is the procedure:

Step 1. File a report. Visit any police station (Polizeiinspektion) or submit an online report at polizei.gv.at. Your report must describe the events, the amount of damage, and include evidence (correspondence, receipts, screenshots).

Step 2. Jurisdiction check. If the damage is under €5 000, the case may be classified as a Privatanklagedelikt — the victim must privately prosecute through a lawyer. For damage exceeding €5 000, the public prosecutor’s office (Staatsanwaltschaft) takes over automatically.

Step 3. Preliminary investigation. Police gather evidence, interview witnesses, and seize documents. Investigation usually takes up to 3 months but can be extended.

Step 4. Charges filed or case dropped. If sufficient evidence exists, the Staatsanwaltschaft refers the case to court. If not, a dismissal order (Einstellung) is issued — this can be appealed.

Step 5. Trial. Betrug cases are heard in Bezirksgericht (district court, damage up to €25 000) or Landesgericht (regional court, damage over €25 000).

As stated on the official portal Help.gv.at, the statute of limitations for fraud ranges from one year (petty fraud) to ten years (serious cases), depending on the maximum penalty.

Betrug vs. Related Offences

It is important to understand the difference between Betrug and other property offences:

• Betrug (§ 146 StGB) — deception; the victim voluntarily transfers property
• Diebstahl (§ 127 StGB) — theft; property is taken against the owner’s will
• Untreue (§ 153 StGB) — breach of trust; a person manages someone else’s property but acts to the owner’s detriment (e.g., a company director funnelling funds to their own account)
• Urkundenfälschung (§ 223 StGB) — document forgery, which may be a means of committing fraud
• Betrügerischer Datenverarbeitungsmissbrauch (§ 148a StGB) — data manipulation for financial gain (e.g., hacking a bank account)

As the OGH notes, offences often overlap in practice — particularly between Betrug and Untreue. The key distinction: Betrug involves deceiving the victim, while Untreue involves abusing a position of trust.

What to Do If You Encounter Fraud

If you face fraud in Austria, take these immediate steps:

1. Secure evidence — take screenshots of communications, save receipts and contracts. Do not delete messages.
2. Block the payment — contact your bank immediately. Austrian banks offer a Chargeback procedure to reverse suspicious transactions.
3. File a police report — at a station or online. Request a copy of the incident record (Anzeigeaufnahme).
4. Consult a lawyer — for damage exceeding €5 000, hire a criminal defence attorney.
5. Contact consumer protection — the Association for Consumer Information (VKI) offers free legal advice.

Be especially cautious with online purchases, housing rentals, and job applications — these are areas where immigrants are most frequently targeted. As we covered in our article on digital self-defence in Austria, using strong passwords and two-factor authentication significantly reduces your risk. Rental scams, in particular, are rampant — many searching for shared flats through WG platforms encounter fraudulent listings.

Civil Consequences: Recovering Damages

Beyond criminal liability, the fraudster must also compensate the victim in civil proceedings. The victim can file a civil claim (Adhäsionsverfahren) within the criminal process — this allows recovering damages without a separate trial.

What can be recovered:

• Direct property damage
• Lost profits
• Legal costs
• Interest on the misused funds

If the fraudster is convicted, the court may order Rückersatz — compulsory restitution from the offender’s assets. If the convict has no funds, the victim may apply to the Opferhilfeeinrichtung (victim support agency) for state compensation.

According to Statista data on cybercrime in Austria, the average restitution rate in Austrian fraud cases is approximately 30% of the total damage. Filing promptly significantly improves the chances of recovering your money.

Frequently Asked Questions

Which section of the Austrian criminal code covers fraud? The primary provision is § 146 StGB (Betrug). Aggravated forms are covered by § 147–149 StGB, while social benefit fraud is covered by § 153b–153d StGB.

What is the penalty for fraud in Austria? From a fine to up to 10 years’ imprisonment for exceptionally large damage (over €300 000) or gang-related fraud.

Do I have to pay tax on fraud compensation? No, compensation payments for damages are not subject to income tax. However, insurance payouts may be taxable depending on your policy terms.

Can I prosecute a fraudster from another country? Yes, Austrian law provides for international cooperation through Eurojust and Europol. However, cross-border cases are significantly more complex and take longer to investigate.

Conclusion

Austrian criminal law imposes strict and differentiated penalties for fraud — ranging from administrative fines to long prison terms. Betrug under the StGB covers a wide spectrum of acts: from everyday deception to organised crime on an industrial scale. Knowing the key provisions (§ 146–151, § 153b–153d StGB) will help you navigate the legal system and protect your interests.

Quick checklist:

• ✅ Remember § 146 StGB — the core fraud provision
• ✅ Damage over €5 000 triggers mandatory public prosecution
• ✅ If scammed — secure evidence and contact your bank immediately
• ✅ Use two-factor authentication to prevent online fraud
• ✅ Stay informed about new scam schemes and legal updates

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