He had been ordered by the police to pay 1,326 euros and had lodged a complaint. In November 2021, the man had been handling a blank pistol with friends in the industrial area. An emergency call was made by the nearby fire brigade due to the shots.
A large contingent of 23 police officers arrived, the LVwG reported in a press release on Monday. The boy and his friends were fined 150 euros, which the applicant paid. When he was ordered by the regional police headquarters in Upper Austria to reimburse the expense of 1,326 euros for triggering a false emergency report, he lodged a complaint. He argued that it was not he but someone else who triggered the emergency call and that he had not fired at all, as an apprentice he asked for a concession on the costs.
The State Administrative Court dismissed the appeal as unfounded. There is a binding effect on the penalty order over 150 euros. Therefore, in the current proceedings, the apprentice can no longer object that he did not commit the crime. His behavior very well triggered the false emergency message, even if he didn’t make it himself. In the procedure for reimbursement of costs according to the Security Police Act, no mitigating reasons are provided for and a judicial right to reduce the amount of the penalty is also out of the question.
The LVwG went on to say that in a similar matter – a false emergency report due to shots from a stun gun – the reimbursement of costs of 4,556 euros for a police operation and 4,240 euros for the use of a police helicopter was confirmed.
Source: Nachrichten
