Document the measure first.
After a search, first record who acted, which rooms were affected and which documents or devices were taken. The legal basis of the measure is then reviewed.
White-collar crime
Illegal work investigations in Austria: financial police, WKStA searches and defence steps
Illegal work investigations in Austria: financial police, WKStA searches, seizure, statements and first defence steps.
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1 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
When the financial police, criminal police or WKStA investigate suspected illegal work, documents, devices, payroll records and responsibilities are usually central. For suspects the first question is which authority is acting, which documents were secured and whether any statement is useful at this stage.
This post explains first steps after a search or seizure in a white-collar criminal context in Austria. It does not replace review of the concrete file or advice in an individual case.
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Quick assessment
Which question should be clarified first?
The first response depends on the pending measure and the documents already available.
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Which situation is closest?
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All paths at a glance
Overview of all answers.
Search, financial police and competent authority →
Secure documents and data completely.
Payroll records, contracts, time records, messages and accounting data should be secured internally. Exculpatory documents are often just as important as seized data.
Only make a prepared statement.
Any explanation of work processes, responsibilities or payments should wait until file access. Incomplete spontaneous statements can be difficult to correct later.
Check deadlines and applications in order.
After seizure or confiscation, applications for copies, return or court review may be relevant. The right step depends on the file and the measure.
Search, financial police and competent authority
Search, financial police and competent authority
Illegal work investigations can combine employment, tax and criminal-law issues. Not every irregularity automatically leads to a serious criminal outcome. The concrete suspicion, the person’s role and the contents of the secured records are decisive.
If the WKStA is involved, the case usually has a more complex white-collar dimension. The defence should therefore not look only at the day of the control, but also at payment flows, responsibilities, internal communication and the period under review.
For managing directors, site managers, HR staff or external service providers, role separation is central. Who knew what, who kept which records and who approved payments must be reconstructed from the file and internal evidence.
Seizure of documents, devices and data
Seizure of documents, devices and data
Searches and seizures are governed by the StPO, particularly rules on scope, proportionality and later court review. The measure should not simply be endured, but documented.
Copies of data carriers, lists of items taken and impact on ongoing business processes are practically relevant. In a company, seizure can quickly have organisational consequences.
Exculpatory records should not be searched for only once questioning is scheduled. Contracts, rosters, payment records, email chains and responsibility rules should be organised early.
Coordinate statement, tax advice and defence
Coordinate statement, tax advice and defence
Allegations of illegal work often affect several proceedings. A criminal-law statement may have consequences for tax proceedings, employment issues and internal responsibilities. Defence therefore needs coordination with tax and business analysis.
The right to remain silent remains a key protection. Silence is not an admission of guilt. It may be necessary until file access and data have been clarified.
From a legal perspective, the first phase is mainly about structure. Only when the file, records and role picture are clear can a statement, application or other step be chosen.
Overview
Classifying a search in an illegal work investigation
The first response should separate measure, file status and role.
| Level | Überblick | Key question |
|---|---|---|
| Authority | Financial police, criminal police or WKStA | Who conducts which proceeding? |
| Records | Payroll, time, payment and communication | What incriminates and what exculpates? |
| Measure | Search and seizure | Was the scope proportionate? |
| Statement | Silence or response | What is useful after file access? |
Process
Four steps after a house search.
Early structure determines later defence options.
- 011immediately011immediately
Record the measure
List rooms, devices and documents.
- 022early022early
Request file access
Clarify the file and evidence.
- 033before statement033before statement
Secure data
Collect exculpatory records internally.
- 044before deadline044before deadline
Set strategy
Prepare response or application.
Important: Do not give a spontaneous explanation about payments, employment or responsibilities before the file and records have been reviewed.
FAQ
Illegal work, financial police and WKStA: key questions.
May I remain silent during a house search? +
Yes. Suspects do not have to incriminate themselves. Personal details and practical cooperation are different from a substantive statement.
Which records matter now? +
Contracts, rosters, payment records, time records, messages and responsibility rules should be secured completely.
Is this post advice in an individual case? +
No. It provides general information. The concrete assessment depends on the file, allegation and evidence.
Related topics
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House search in Austria
Further guidance on classification and the next step.
Seizure and confiscation
Further guidance on classification and the next step.
File access under section 51 StPO
Further guidance on classification and the next step.
Tax evasion and voluntary disclosure
Further guidance on classification and the next step.
White-collar crime topic overview
Further guidance on the relevant topic page.
Topics
illegal workfinancial policeWKStAhouse searchwhite-collar crimeseizure
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