The legal representative Beinschabs was again unavailable by phone until late afternoon – a possible indication that the pollster was still being questioned as a suspect at this point in time.
The question of whether the WKStA will apply for custody was still unclear. The WKStA is said not to have made a corresponding application so far. A WKStA spokesman did not want to answer questions in this direction to the APA on Wednesday or to comment on the arrest. He justified his reluctance to do so by stating that investigative steps should not be impaired. In addition, it is important to protect the personal rights of those affected.
Beinschab had been arrested on Tuesday morning at her home address because of the risk of blackout, with the arrest order approved by a judge. Subsequently, according to information from the APA, which has not been officially confirmed, she was interrogated at the Federal Office for the Prevention and Combat of Corruption (BAK). The fact that little or no reliable information has leaked out since the arrest fueled speculation in legal circles. Beinschab could possibly have got involved in the leniency program and give comprehensive testimony. However, there was no evidence in this direction as of Wednesday, 5 p.m.
ZIB 1: Pollster may have been forewarned
WKStA’s approach not foreseeable
In principle, a suspect can be forcibly stopped for up to 48 hours. Before the expiry of this period – if the prosecuting authority assumes that this is necessary – the person concerned must be handed over to the competent court and questioned by a judge, who will then be informed about a pre-trial detention brought up until then. Application has to decide. The court has to examine whether at most lenient means can be ordered. Prison detention may only be imposed if there is an urgent suspicion; it is initially limited to 14 days. If there is only the reason for a risk of obscuration, the pre-trial detention may only last a maximum of two months.
In the specific case, the WKStA would have to file an application for pre-trial detention at the Vienna Regional Court for Criminal Matters by Thursday morning if they were to be detained again Beinschabs thinks it is inevitable. How the WKStA would proceed was not foreseeable.
