NEUMEISTER v. AUSTRIA JUDGMENT
13
indictment (paragraphs 19 and 21 infra). Besides mentioning the report of
the Economic Police, it referred to a letter written by Neumeister dated 25
February 1964, according to which a person who wished to remain
anonymous had agreed to provide security of one million two hundred and
fifty thousand schillings. After adding together this sum and the five
hundred thousand schillings offered by Maria Neumeister, the Judges’
Chamber reduced the amount of security required of the Applicant to one
million seven hundred and fifty thousand schillings.
In an appeal dated 20 April 1964, Neumeister requested that the sum
should be reduced to one million two hundred and fifty thousand schillings;
he maintained that the offer made by his daughter was included within that
of the guarantor who did not wish to disclose his identity.
The Vienna Court of Appeal dismissed the appeal on 20 May 1964. It
was of the opinion that the Judges’ Chamber had complied with the decision
of 4 February and that the consequences of the offence were of fundamental
importance in the application of Section 192 of the Code of Criminal
Procedure.
19. Meanwhile Judge Leonhard had, on 4 November 1963, announced
the conclusion of the preliminary investigation and had sent the file to the
Public Prosecution (Sections 111-112 of the Code of Criminal Procedure).
The file consisted of twenty-one volumes each of about five hundred pages,
as well as a considerable number of other documents. On 17 March 1964,
the Public Prosecution of Vienna had, for its part, completed the indictment
(Anklageschrift) of which Neumeister had been notified on 26 March
(Sections 207 and 208 of the Code of Criminal Procedure).
20. In the execution of his task, the Investigating Judge had been aided
by the Economic Police of Vienna, by the taxation department (Inspector
Besau), by the Austrian railways and by the postal service administration;
nevertheless, he had still encountered considerable difficulties.
Four of the principal accused, named Lothar Rafael, Herbert Huber,
Franz Schmuckerschlag and Walter Vollmann, had fled abroad, the first
three at the outset of the enquiries and the last-named after being
provisionally released on parole. After rather long proceedings, the
Austrian authorities had obtained Rafael’s extradition (21 December 1961)
from the Federal Republic of Germany, and Huber’s (27 September 1962)
from Switzerland. The Federal Republic of Germany had, however, refused
to grant the extradition of Schmuckerschlag as he possessed German, as
well as Austrian, nationality. Vollmann has not, up to the present time,
been traced.
To this were added a number of difficulties inherent in the nature, the
size and the complexity of the acts complained of. At its outset, the
investigation concerned twenty-two persons and twenty-two counts. The
prosecution was required to prove, among other things, that the documents
concerning the purchase of goods had been falsified, that the value of the