Police Inspector G v Innsbruck Police Inspectorate
| Jurisdiction | Austria |
| Date | 27 Febrero 1953 |
| Court | Administrative Court (Austria) |
Belligerent Occupation — Judicial Acts of Occupant — Tribunals of Occupant — Whether Foreign or Municipal Tribunals — Conviction by Tribunal of Occupant — Whether Justifying Dismissal of National of Occupied Country from the Public Service — The Law of Austria.
The Facts.—The Austrian Disciplinary Code provides for the dismissal from the public service of persons who have been convicted of a “crime” within the meaning of the Austrian Penal Code. The appellant, an Austrian police inspector, was convicted by a French military tribunal for stealing hay, the property of the French army of occupation, his conviction being based on the relevant provisions of the French Penal Code and the French Military Penal Code. The defendants (respondents herein) thereupon dismissed him from the public service, on the ground that he had been convicted of a crime within the meaning of the Austrian Penal Code. The appellant now appealed against his dismissal, his contention being that his conviction by a French military tribunal was not a conviction by an Austrian court and did not therefore justify his dismissal. The respondents contended that a conviction by a military tribunal of the Occupant must be treated as if it were a conviction by an Austrian court, and that the appellant's dismissal was therefore justified.
Held: that the French military tribunal had not acted in the exercise of Austrian jurisdiction, and that the appellant's dismissal must accordingly be declared invalid.
The Court said: “The appellant was convicted by a French military tribunal on May 6, 1949, for having ‘fraudulently’ stolen sixteen bales of hay, to the detriment of the French army and contrary to Articles 379, 401 and 463 of the Code Pénal and Article 164 of the Code de Justice Militaire. He was sentenced to four months' imprisonment. The Police Inspectorate of Innsbruck thereupon ordered his dismissal in accordance with section 116 of the (Austrian) Disciplinary Code. The reason given for the dismissal was that convictions by Allied military tribunals in Austria must be treated, in so far as concerns their legal effect, like convictions by Austrian...
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