Articles & analysis.
Topics around deprivation of liberty, set out clearly for clients.
Mag. Christopher Angerer
Your lawyer for detention and deprivation of liberty
When someone is in custody, every hour counts. One lawyer who accompanies you personally, from the detention review hearing to release.
Imprisonment in Austria: start of the sentence, execution, rights and routes to release
Overview of imprisonment in Austria: start of the sentence, execution plan, rights during execution, relaxations, electronically monitored house arrest and conditional release.
Detention appeal, challenging the imposition, continuation or extension of pre-trial detention
Detention appeal under Sections 87 and 88 StPO: 14-day deadline, written submission to the Regional Court, decision by the Higher Regional Court.
Release application, how pre-trial detention can be lifted during proceedings
Options for lifting pre-trial detention that has already been imposed by means of a release application, lines of argument, procedure, prospects of success.
Detention hearing under Sections 174 ff StPO: presence, defence and review cycles
Detention hearing under Sections 174 ff StPO: rights of presence, defence role, repeat appointments (14 days, 1 month, 2 months) and appeal to the Higher Regional Court.
Electronic Monitoring in Pre-Trial Detention: Section 173a StPO, House Arrest with Ankle Tag in Austria
Electronically monitored house arrest under Section 173a CCP: form of executing pre-trial detention, not a less intrusive measure. Prerequisites, 14-day appeal, Section 156b StVG.
Less intrusive measures under Section 173(5) StPO: when they can replace pre-trial detention
Which less intrusive measures Section 173(5) StPO provides for, when they achieve the purpose of detention and how they are applied for.
Proportionality of Pre-Trial Detention: When Custody Tips Over
How the proportionality test under section 173 paragraph 1 StPO works in practice: offence severity, sentencing forecast, ECtHR line and OGH 11 Os 104/19g.
Grounds for Pre-Trial Detention in Austria, Flight, Collusion, Repeated Offending and Execution
The four grounds for pre-trial detention under section 173 paragraph 2 StPO: risk of flight, collusion, repeated offending and execution, indicators and less restrictive measures.
Strong suspicion under Section 173(1) StPO: the highest degree of suspicion in the investigative proceedings
What Section 173(1) StPO actually requires: how strong suspicion differs from initial and reasoned suspicion, who confirms it, and when it falls away.
Pre-trial detention in Austria: what it is, how it unfolds, who can decide what
Overview of pre-trial detention in Austria: requirements, four grounds for detention, course from arrest to review hearing, rights of the accused, less restrictive measures.
Pre-Trial Detention Conference for Juveniles: Practical Routes Out of Custody
How the pre-trial detention conference under section 35a JGG shortens custody for juveniles: subsidiarity assessment, less restrictive measures and detention appeal.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152