Articles & analysis.
Topics around deprivation of liberty, set out clearly for clients.
Mag. Christopher Angerer, Rechtsanwalt
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.
Prison house rules in Austria: visiting hours, applications and complaints
Austrian prison house rules: visiting hours, applications and complaint routes under the Prison Act when daily rules affect individual rights.
Data in Austrian prisons: which authorities may exchange information
Data in Austrian sentence enforcement: when authorities may request or share information and how prison law and data protection interact.
Complaint after prison transfer in Austria: protecting an ongoing enforcement procedure
Complaint after transfer to another Austrian prison: how to protect deadlines, filing route and ongoing prison-law procedures.
Conditional release applied for too early in Austria: rejection, court and new application
Conditional release applied for too early in Austria: rejection, competent body, new application and preparation under section 46 StGB.
Pregnancy in Austrian detention: rights, medical care and preparing for birth
Pregnancy in Austrian detention under Section 74 StVG: medical care, work protection, delivery in a public hospital and mother-child questions.
Open prison regime under Section 126 StVG: when relaxed detention may be possible
Open or relaxed prison regime in Austria: Section 126 StVG, work release, training, treatment and practical request.
Bail in Austrian pre-trial detention: security under Sections 180 and 181 StPO
Bail in Austrian pre-trial detention: when security can replace custody, what evidence matters and when it is released.
Separate detention in Austrian pre-trial custody: contact with co-accused persons
Separate detention under Section 185 StPO: what it means for co-accused persons, sentenced prisoners, visits and phone calls.
Escort from pre-trial detention: court, medical appointments and family matters
Escort from Austrian pre-trial detention: when appointments outside the institution may be possible and what evidence matters.
Administrative detention in Austria: what to do when substitute imprisonment is threatened
How to react when an Austrian administrative fine may turn into substitute imprisonment: payment, deferral, enforcement and legal review.
Mental health detention under the UbG: rights during involuntary admission and court review
Rights during detention under Austria’s UbG: legal requirements, medical assessment, court review and practical steps for relatives.
Outdoor exercise in prison: yard time, fresh air and lockup hours
Outdoor exercise, yard time and lockup hours in Austrian prison: how restrictions should be documented and legally reviewed.
Prison cells and detention conditions: overcrowding, single placement and complaints
How to document overcrowding, cell conditions and detention standards in Austrian prison and when a complaint may be useful.
Serving a prison sentence in the home state: transfer of convicted persons
Transfer of convicted persons for enforcement in the home state: requirements, consent, documents and distinction from extradition.
Clemency petition during imprisonment in Austria: effect, limits and documents
When a clemency petition stands beside postponement, complaint and conditional release.
Lawyer contact in prison: securing post, visits and phone calls
How confidential lawyer contact in prison can be protected through post, visits and phone arrangements.
Personal belongings in Austrian prison: custody, return and complaint
How clothes, documents, money, data carriers and property are organised at sentence start or in prison.
Preparing the start of a prison sentence: summons, documents and first applications
How to organise summons, documents, health issues, contacts and first applications before sentence start.
Preparing sentence end: release, documents and first steps
What to prepare before regular sentence end: documents, property, housing, appointments and contacts.
Documenting prison healthcare: chronology, records and complaint
How symptoms, records and prison responses are documented before treatment steps or complaint are assessed.
Preparing conditional release: evidence that strengthens the prognosis
Which evidence on work, housing, support and treatment strengthens the prognosis for conditional release.
Prison leave refused: separating complaint and new application
After refusal of prison leave: when a complaint under § 120 StVG or a better evidenced new application is stronger.
Evidencing prison transfer: visits, treatment place and enforcement plan
How transfer under § 10 StVG is evidenced with visit records, placement proof and the enforcement plan.
Probation after conditional release: avoiding breach and revocation
After conditional release: read the order, comply with obligations, report problems early and avoid revocation risk.
Constitutional Rights Complaint Against Pre-Trial Detention in Austria
When a constitutional rights complaint to the Austrian Supreme Court can follow an unsuccessful detention appeal.
Duty of Expedition in Austrian Pre-Trial Detention
Why sections 9 and 177 StPO and Article 5 ECHR become independent levers when a detention case stalls.
Fitness for Custody in Austrian Pre-Trial Detention
How illness, suicide risk and special vulnerability are documented and raised in pre-trial detention.
Preparing the Detention Review Hearing in Austria
Which documents matter before a detention review hearing: residence, work, therapy, bail and concrete objections.
Pre-Trial Detention After First-Instance Conviction in Austria
How custody is reviewed after a first-instance judgment and why section 265 StPO by analogy can matter.
Long visits and family visits in Austrian prisons
Visiting rights in Austrian prisons: minimum visits under section 93 StVG, applying for long visits, visits by children and how to challenge a refusal or restriction.
Mother and child in prison: section 74 Austrian Prison Act
Mother-child detention under section 74 StVG: when infants may stay with the mother, how the Schwarzau mother-child unit works and how to challenge a refusal.
Prison Law Amendment 2026 in Austria: what the draft means for sentence enforcement
Austrian Prison Law Amendment 2026: draft changes on sentence sequencing, postponement, removal-related release, prison security and juvenile costs.
Prison mail and letter inspection in Austria
Letter inspection under section 90 Prison Act: which items may be opened, why defence counsel mail is inviolable, and how to challenge an unjustified seizure.
Residence ban after prison in Austria: what follows a conviction?
Entry ban under section 53 FPG, residence ban under section 67 FPG and loss of residence title under section 11 NAG: the immigration law consequences of a conviction in Austria.
Disciplinary measures in Austrian prisons under section 109 StVG
Disciplinary sanctions under section 109 StVG: reprimand, restriction of privileges, fine, cell confinement. Legal protection under section 116 StVG.
Education and training in Austrian prisons
School and vocational education in prison under section 47 StVG: training instead of work, external courses, compulsory education completion and appeals against refusal.
Enforcement chamber at the regional court as appellate body in Austrian prisons
Enforcement chambers under section 16 StVG in Vienna, Linz, Graz and Innsbruck: complaints against prison orders and further appeal to the OLG.
Job loss during pre-trial detention in Austria
Pre-trial detention and employment law in Austria: continued pay under section 8 AngG, dismissal under section 27 no 4 AngG and return to work after release explained.
Prison work pay, spending allowance and release funds in Austria
Pay grades 1 to 5 under sections 51 to 54 StVG: how spending allowance and release funds are calculated, which mandatory contributions apply and what remains on release.
Apartment, rent and mail during detention: secure deadlines and keys
Apartment, rent and mail during detention in Austria: how relatives secure keys, authority, service and deadlines.
File access for the defence in pre-trial detention
File access under sections 51 and 52 StPO in pre-trial detention: how accused persons and counsel obtain access, assess restrictions and prepare the detention hearing.
Phone calls in pre-trial detention in Austria
Phone calls in pre-trial detention under section 188 StPO: private contact, unrestricted counsel contact under section 59 StPO and right to appeal.
Self-employed or manager in detention: secure business and deadlines
Self-employed people and managers in detention or prison: authority, business, bank, mail and deadlines.
Work obligation in prison in Austria
Work obligation in Austrian prisons under section 44 StVG: suitable work, exemption due to illness under section 45 StVG, assignment under section 46 StVG.
External specialists in prison: support, therapy and data
External specialists in Austrian prisons: what draft section 20a may mean for support, therapy and data.
Foreign defendants in pre-trial detention: interpreter, consulate and family
Foreign defendants in Austrian pre-trial detention: language, consulate, family abroad and defence organisation.
Personal items in prison: hygiene, personal funds and allowances
Personal items and hygiene in Austrian prison: what may be possible with personal funds and allowances.
Rebutting reoffending risk in pre-trial detention
Reoffending risk under section 173 para 2 no 3 StPO: how therapy, social stabilisation, probation supervision and appeal rebut the ground for detention.
Relatives after arrest or pre-trial detention: notice and authority
Relatives after arrest or pre-trial detention in Austria: documents, powers of attorney and first steps.
Business ban in prison: company, association and contracts from custody
Business activity from prison in Austria: what self-employed people, managers and relatives should check.
Extradition instead of prison: how section 4 Prison Act works
Section 4 Prison Act in Austria: when extradition or foreign enforcement may affect an Austrian prison sentence.
Medical rehabilitation in prison: draft section 71a Prison Act
Medical rehabilitation in Austrian prisons: what draft section 71a may mean for medical records, therapy and complaints.
Rebutting collusion risk in pre-trial detention
Collusion risk under section 173 para 2 no 2 StPO: how completed evidence gathering, witnesses already heard or a no-contact order rebut the ground for detention.
Special security measures in prison: separation, restraints and complaint
Special security measures in Austrian prisons: when separation or restraints should be documented and challenged.
Juvenile criminal proceedings: which investigation costs should not count
Draft section 45 para 3 JGG: recording, medical examination and youth inquiries should not be included in flat procedural costs.
Non-crediting of prison time: competence, decision and complaint in Austria
Non-crediting under draft section 99 Prison Act: competence of the first-instance prison authority and practical complaint review.
Disciplinary house arrest in prison: what the Austrian draft would change
Disciplinary house arrest in prison: proposed shorter maximum under section 114 Prison Act and exclusion for juveniles under section 58 JGG.
Rebutting flight risk in pre-trial detention
Flight risk under section 173 para 2 no 1 StPO: which concrete facts prove ties to home, family and work, and how a less restrictive measure replaces detention.
Video conferences in prison: when appointments can take place without escort
Draft section 98 Prison Act: escort from prison should be avoided where audio and video transmission can achieve the purpose.
Compensation for unlawful detention under the StEG 2005
Compensation for unlawful detention under the StEG 2005: the claim under section 2, the request procedure under section 9 and a daily rate of 20 to 50 euros.
Multiple prison sentences in Austria: which sentence is enforced first
Multiple prison sentences, default imprisonment and sentence blocks: what draft section 1 item 5 of the Austrian Prison Act would change.
Searches in Austrian prisons: visitors, bags and return from leave
Security controls under draft sections 101b and 102 of the Prison Act: visitors, bags, containers and return from leave.
Draft section 133b Prison Act: removal from Austria and return to custody
Draft section 133b of the Austrian Prison Act: provisional discontinuation of enforcement where removal from Austria is required.
Video calls in prison: rights, restrictions and defence contact in Austria
Voice and video calls in prison: what the draft proposes for sections 96a and 112 of the Austrian Prison Act.
Conditional release from preventive detention and the annual review under sections 25, 47 StGB
Conditional release from preventive detention and the annual review: the check of the court’s own motion under section 25 para 3 StGB and release under section 47 StGB.
Placement in an institution for offenders in need of withdrawal treatment under section 22 StGB
Placement of offenders in need of withdrawal treatment under section 22 StGB: requirements, distinction from section 21 StGB and a maximum duration of two years.
Preventive detention: placement in an institution for mentally abnormal offenders under section 21 StGB
Placement under section 21 StGB: the requirements since the 2023 reform, the difference between para 1 and para 2, and duration and review under sections 25, 47 StGB.
How long may immigration detention last? Maximum periods under section 80 FPG
Duration and maximum periods of immigration detention under section 80 FPG: four months as the basic rule and up to eighteen months under section 80 para 4 FPG.
Alternatives to immigration detention in Austria: the more lenient measure under section 77 FPG
Alternatives to immigration detention under section 77 FPG: accommodation, reporting obligation and security deposit as proportionate alternatives to custody.
Fine not paid: averting default imprisonment through community service
Averting default imprisonment: by payment under section 3 StVG or community service under section 3a StVG, one day equals four hours, arranged through NEUSTART.
Interruption of a prison sentence under section 99 StVG: pausing the sentence during enforcement
Interruption of a prison sentence under section 99 StVG: how ongoing enforcement is paused, who decides and what duties apply on resumption.
Postponement of a prison sentence under section 6 StVG: when the start can be deferred
Postponement of a prison sentence under section 6 StVG: personal grounds for sentences up to three years and economic grounds for sentences up to one year.
Pre-trial detention of juveniles: the strict limits of the JGG
Pre-trial detention of juveniles under the JGG: tightened proportionality, more lenient measures, family-law solutions and shortened maximum durations under section 35 JGG.
Crediting pre-trial detention against the sentence under section 38 StGB, Austria
Crediting pre-trial detention against custodial sentences and fines under section 38 StGB: requirements, calculation for fines and the link to StEG 2005 compensation.
Visits, letters and telephone calls in pre-trial detention: rights under section 188 StPO
Visiting rights, correspondence and telephone calls in pre-trial detention: the rights under section 188 StPO, surveillance rules and legal protection against restrictions.
How long can pre-trial detention last? Maximum time limits under section 178 StPO
Maximum time limits for pre-trial detention under section 178 StPO: two months, six months, one year or two years depending on the charge and ground for detention.
Arrest and the first 48 hours: from apprehension to the decision on pre-trial detention in Austria
Arrest and the first 48 hours: the two consecutive time limits under section 172 StPO from arrest to the court's decision on pre-trial detention in Austria.
Detention review and detention appeal: difference and procedure in pre-trial detention
Detention review and detention appeal compared: the periodic check under sections 175, 176 StPO and the appeal to the higher regional court under sections 87, 88 StPO.
Living with the electronic tag: work, exit times and revocation of house arrest
Living with the electronic tag: exit times and duties under section 156b StVG, the role of the employer and the grounds for revocation under section 156c StVG.
Detention appeal to the Federal Administrative Court in Austria, procedure and prospects of success
The detention appeal under § 22a BFA-VG to the Federal Administrative Court: what it reviews, the time limits, the urgent procedure and the consequences of a lifting.
Immigration detention in Austria, requirements, duration and what relatives can do right away
Immigration detention in Austria under § 76 FPG: requirements, maximum duration, less restrictive measures under § 77 FPG and what relatives should do in the first days.
Legal remedies and complaints in prison enforcement in Austria
Legal remedies in enforcement: complaint under Section 120 StVG within fourteen days, decision by governor and enforcement court, point-of-principle complaint to the OLG Vienna.
Conditional release from a prison sentence in Austria: half sentence, prognosis and hearing
Conditional release in Austria: decisive is half the sentence under Section 46 para 1 StGB, not two-thirds. Special-preventive prognosis, hearing under Section 152a StVG.
Electronic monitoring after commencing a prison sentence: the tag in Austrian prison enforcement
Electronic monitoring during a prison sentence in Austria: requirements under Sections 156c, 156d StVG, decision by the prison governor and complaint under Section 120 StVG.
Therapy and treatment in prison in Austria: addiction, mental health, sexual offences
Treatment in prison in Austria: addiction therapy (Section 39 SMG, Section 68a StVG), medical and psychological care (Sections 66, 68 StVG), social therapy as a path to release.
Medical Care in Prison in Austria: Rights, Treatment and Complaint
Medical care in Austrian prisons: health care under section 66 StVG, treatment under section 68 StVG, transfer under section 71 StVG, and a complaint on refusal.
Transfer to Another Prison in Austria: Grounds, Application and Remedies
Transfer to another prison in Austria: change of the place of imprisonment under section 10 StVG, grounds, application and procedure, and a complaint after refusal.
Prison Leave and Work Release in Austria: Ausgang, Freigang and Interruption
Relaxations of imprisonment in Austria: escorted leave, interruption, leave under section 99a StVG and work release under section 126 StVG, with application and complaint.
Enforcement plan in a prison sentence in Austria: what is planned, who decides, how to prepare
The enforcement plan in an Austrian prison sentence: classification under section 134 StVG, content and participation under section 135 StVG, and a complaint.
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.
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