Is the End of Vienna as a “Spy Haven” in Sight?
For a long time, the Austrian capital was considered the hub for intelligence agencies from around the world. But that is set to change. A new draft law, the “Criminal Espionage Act 2026,” calls for drastic tightening of regulations. One of the main catalysts for this is the high-profile trial of former intelligence officer Egisto Ott.
The so-called “Russian City” in Donaustadt is in fact considered one of the hubs of Russian intelligence activities in Europe. / Picture: © Wikimedia Commons / Aleksandrs Čaičics / CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0/deed.en)
For weeks, the press has been focused on the Vienna Regional Criminal Court. At the center of the case is Egisto Ott, a former official of the now-defunct Federal Office for the Protection of the Constitution and Counterterrorism (BVT). The indictment against him spans 172 pages: abuse of office, bribery, and aggravated fraud are just some of the charges. But the most politically explosive issue is the allegation of spying for Russia to the detriment of Austria.
The legal loophole is being closed
Until now, Vienna has benefited from a curious legal situation: According to Section 256 of the Criminal Code, espionage in Austria was only punishable if it was directed specifically against Austrian interests. However, anyone spying on the UN, the OSCE, or EU authorities from Vienna went unpunished. Falter has obtained a current draft bill that would make espionage against international organizations a criminal offense.
The current draft bill from the Ministry of Justice, dated March 9 and now before the ÖVP-NEOS coalition, is intended to close this loophole. The new Section 319a provides for prison sentences of six months to five years for espionage against international organizations headquartered in Austria. This would apply to espionage activities targeting institutions such as the European Union Agency for Fundamental Rights or the United Nations.
Far-reaching redefinition of “detriment”
Particularly controversial is the planned expansion of the term “detriment to the Republic.” In the future, punishment will be possible even if an act is merely capable of endangering Austria’s reputation, security, or prosperity. Actual harm need not have occurred; the mere risk of political tensions with partner states—such as espionage conducted in Austria against another EU country—is sufficient.
In addition, the law targets so-called “disposable agents.” These are individuals recruited via social media for simple tasks. Even those who volunteer for such services will face criminal consequences in the future.
Political Stalemate Over?
The fact that this law is only now taking shape is also due to past political deadlocks. An earlier attempt failed because the ÖVP linked the tightening of the espionage provision to the introduction of controversial messenger surveillance. The latter, however, was approved in the summer of 2025 by a majority consisting of the ÖVP, SPÖ, and NEOS.
The trial against Egisto Ott is another key factor, being held at the Vienna Regional Criminal Court. In addition to the espionage charges, explosive chat messages were recently read aloud that suggest connections to fugitive former Wirecard board member Jan Marsalek and Russian networks.
While the trial continues—the next hearing is scheduled for April 20, featuring the questioning of prominent witnesses such as Michael Kloibmüller—politicians are preparing to reposition Vienna as a “security hub.” Until a final judgment is handed down, Egisto Ott continues to be presumed innocent.