Skip to content

Diversion instead of conviction.

Has the public prosecutor's office or the court offered you diversion (Diversion)? For people without Austrian citizenship, this is often the best outcome of criminal proceedings. It is still not without consequences.

Quick guide

What would you like to know?

Over 2,000 citizenship and 10,000 residence and asylum proceedings
€ Clear prices, no hidden costs
Directly reachable on WhatsApp

In short

  • Diversion (Diversion) means: the proceedings end without a conviction and without an entry in the criminal record.
  • Possible where the offence carries a penalty of up to five years and guilt is not serious.
  • Forms: a sum of money, community service, a probation period or victim-offender mediation.
  • It is not without consequences for residence and naturalisation. Have this checked before you agree.

Without a guilty verdict

What diversion is

With diversion, the criminal proceedings are ended without a conviction. There is no guilty verdict, no entry in the criminal record and no public trial. The presumption of innocence continues to apply.

The public prosecutor's office can offer it during the investigation, and after the indictment the court can offer it, up to the close of the trial.

Requirements

When diversion is possible

  • the offence carries a penalty of no more than five years
  • guilt is not serious
  • the offence did not cause anyone's death
  • the facts have been sufficiently established
  • a penalty is not needed to deter you or others from further offences

Legal basis: . Previous convictions do not automatically rule out diversion.

Forms

Which forms there are

  • payment of a sum of money (§ 200 StPO)
  • community service within no more than (§ 201 StPO)
  • a probation period of , possibly with obligations or probation assistance (§ 203 StPO)
  • with the victim (§ 204 StPO)

A confession is not required. However, you must , at least in part.

Residence and naturalisation

Why diversion is not without consequences

Diversion is not a conviction and does not appear in the criminal record. The public prosecutor's office and the court do record the outcome internally, however, and can retrieve it for years.

In naturalisation cases, the authority may take into account the conduct underlying the proceedings in its forecast under . What then matters are the type and seriousness of the incident and how long you have kept to the rules since then.

That is why, before you agree, we check what consequences diversion has for your residence permit and a later naturalisation application. Until the public prosecutor's office finally withdraws, you can also demand that the proceedings be continued ().

From our practice

Narcotic drugs

Separate rules apply to small quantities of narcotic drugs for personal use (). A student in whose possession 40 grams of cannabis were found received diversion with our defence: no conviction, no entry in the criminal record.

Next step

Initial consultation at a flat fee

We check whether diversion is possible, negotiate with the public prosecutor's office and clarify the consequences for your residence.

Book an initial consultation →

Questions we get asked

Diversion: short answers

Does diversion appear in the criminal record?

No. Diversion is not a conviction and is not entered in the criminal record. The public prosecutor's office and the court do record the outcome internally, however.

Do I have to confess to get diversion?

A formal confession is not required. You must, however, take responsibility for the offence, at least in part.

Does diversion count in naturalisation cases?

It is not a conviction. The authority may, however, take into account the conduct underlying the proceedings in its forecast under § 10 para 1 no 6 StbG. What matters are the type and seriousness of the incident and how long ago it happened.

Can I refuse a diversion that is offered?

Yes. Until the public prosecutor's office finally withdraws, you can demand that the criminal proceedings be continued (§ 205 StPO). This can make sense if an acquittal is realistic.

How we work

Three steps, from the first conversation to the notice (Bescheid).

1

Initial consultation

For a flat fee. We listen, go through your documents and tell you honestly where you stand.

2

Clear assessment

You know exactly what is realistic, what it costs and what happens next, in writing.

3

We get started

We file applications, monitor deadlines and keep you updated by e-mail, phone or WhatsApp, in your language.

Contact

How to reach us.

Goldschmiedgasse 6/6-8
1010 Vienna
U1/U3 Stephansplatz · 2 minutes
We reply within one working day.
All contact details (in German) →

Team

The people behind your case.

Deutsch• English• فارسی• العربية• Русский• Español•

Looking for the whole team? Meet everyone →

Unsere Erfolge

Aktuelles aus der Praxis.

Beiträge werden geladen …

Alle Erfolge ansehen →