The people’s participation in the administration of justice is constitutionally provided for in Art. 91 B-VG. Thus, in the case of crimes punishable by severe penalties and all political crimes and misdemeanors, juries must decide on the guilt of the defendant. In criminal proceedings for other punishable acts, lay assessors participate in the administration of justice if the penalty to be imposed exceeds a certain level. The exact jurisdiction of the courts of lay assessors and juries is determined by the Code of Criminal Procedure.
The main procedural difference between a court of lay assessors and a jury is that the lay assessors decide on guilt and punishment together with the professional judge. Juries, on the other hand, decide on the guilt of the defendant alone and on the punishment to be imposed together with the professional judges.
