no administrative criminal proceeding once the investigative procedure according to the stpo (austrian code of criminal procedure) was discontinued

After the crash of an unsecured worker from 12m height a criminal procedure against the employer was conducted due to the suspicion of negligent personal injury. In the investigative procedure the fault of the employer was denied and the procedure was – legally binding – discontinued according to § 190 Z 1 StPO. A further pursuit of the employer in an administrative criminal proceeding based on worker protection is prohibited. The discontinuance of the investigative procedure by the public prosecutor bars any further preocedure due to the inadmissibility of double jeopardy. [VwGH 29.05.2015, 2012/02/0238]