Two men suspected of spying for Ukraine’s military intelligence have been released from custody in Vienna after paying bail of 3,000 euros each. The Vienna Public Prosecutor’s Office is investigating them for alleged secret intelligence activity against Austria, but both men retain the presumption of innocence, according to derStandard.
The two Ukrainian nationals were arrested in Vienna on 5 October after allegedly observing a building in the city. They were initially held on remand on grounds that they might commit further offences, interfere with the investigation, or flee the country. Their lawyer challenged the detention, and although a hearing on 5 November extended their custody, the court ultimately relied only on the risk of flight.
Under current Austrian law, when a suspected offence carries a maximum sentence of five years and flight risk is the sole reason for detention, the court must consider bail. The men therefore paid 3,000 euros each and were released earlier this week. Court spokesperson Christina Salzborn confirmed that they must remain in Austria, provide an address where they can be reached, avoid obstructing the investigation, and stay away from the building they are alleged to have watched.
The prosecutor’s office disagreed with the decision and filed an appeal. However, the appeal does not automatically keep the men in custody, and they left Vienna’s Josefstadt prison on Monday.
The case has renewed political pressure to tighten Austria’s espionage laws. State Secretary for State Security Jörg Leichtfried said the proposed reform is “more urgent than ever,” arguing that the security situation is deteriorating worldwide. The draft law would raise the maximum penalty for secret intelligence activity against Austria from five to ten years.
It would also extend protection beyond Austria itself. Leichtfried said the legislation should cover institutions based in Austria, European Union bodies, and international organisations, making it an offence to spy on EU facilities as well.
The government also wants to target so-called “disposable agents” people recruited, often by Russian or Iranian services, to carry out small operations for modest payments, sometimes without fully understanding what they are doing. Under the proposal, recruiting such people would be a criminal offence, while those who agree to take part could also face prosecution if prosecutors can prove intent to cause harm.
