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Pre-trial 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.

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Mag. Christopher Angerer, Rechtsanwalt

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14 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

An arrest turns life upside down immediately. Anyone who has been arrested, or who has a relative in police custody, has little time and needs clear information: what happens next, which deadlines are running and what can be done right now? Austrian law provides, under sections 170, 171 and 172 StPO, for two separate 48-hour time limits that together govern the path from arrest to the court's decision on pre-trial detention.

This post explains the procedure step by step. The first time limit runs from the arrest to admission to the remand prison of the competent court: at the latest 48 hours under section 172 para 1 StPO. The second time limit begins with admission: under section 172 para 2 StPO the court then has a further 48 hours to examine the arrested person and decide on pre-trial detention. In total up to 96 hours may pass before a detention order is issued.

What is your concern right now?

Arrest, deadlines, relatives or defence lawyer: what do you need?

The first hours after an arrest often determine the further course of proceedings. Choose the situation that best describes your concern and you will receive an assessment with concrete first steps and the matching in-depth reading.

Already know you want to send an enquiry? Go straight to the contact form.

01 Question 1

How can I help you regarding the arrest?

The hours after an arrest are decisive. Whether you have just been arrested, a relative is in custody, you want to understand the deadlines, or you need a defence lawyer immediately: choose the situation that best describes your concern.

All paths at a glance

Overview of all answers.

01

After an arrest strict deadlines apply: you must be admitted to the remand prison within at most 48 hours, and the court then has a further 48 hours to decide on pre-trial detention.

After an arrest under sections 170, 171 StPO you have the right to remain silent. No interview without your defence lawyer. Under section 172 para 1 StPO the police must transfer you without unnecessary delay, at the latest within 48 hours of the arrest, to the remand prison of the competent court. After admission the court will examine you without delay under section 172 para 2 StPO and then decide on pre-trial detention, for which it has a further 48 hours. In total up to 96 hours may pass before a judicial detention order is issued.

What to do now: First, state the name of your defence lawyer at once or ask for a duty lawyer to be contacted. Second, remain silent about the alleged offence until your lawyer is present. Third, do not sign any statement that you have not fully understood.

In depth: pre-trial detention at a glance →
02

Relatives are usually notified of the arrest by the police or the remand prison; the defence lawyer can act before admission to the remand prison.

When someone is arrested, they must under section 172 StPO be transferred to the remand prison without unnecessary delay. Relatives are usually informed provided the arrested person consents. As a relative you can instruct a defence lawyer who will make contact with the arrested person immediately and protect their rights, in particular the right to remain silent. The lawyer can act already during the police phase, before admission to the remand prison has taken place.

What to do now: First, instruct a criminal defence lawyer without delay who will contact the responsible unit at once. Second, inform the arrested person of their right to silence to the extent possible. Third, keep in mind that after admission the court has 48 hours to decide on pre-trial detention, because from that order further time limits start to run.

In depth: choice of defence lawyer and contact ban →
03

There are two separate 48-hour time limits: from arrest to admission and from admission to the court's decision on pre-trial detention.

Austrian law provides for two consecutive time limits. Under section 172 para 1 StPO the arrested person must be transferred without unnecessary delay, at the latest within 48 hours of the arrest, to the remand prison of the competent court. If that is not possible because of great distance or illness, section 172 para 2 StPO permits admission to an incompetent remand prison or hospital and examination by video and audio link. After admission the court has a further 48 hours under section 172 para 2 StPO to decide on pre-trial detention. The detention hearing under section 174 StPO then follows.

What to do now: First, note the exact time of arrest, because it is the starting point for all deadlines. Second, ensure that a defence lawyer is informed before the first 48-hour deadline expires. Third, once the admission time is known, count the second 48-hour period and start preparing for the detention hearing under section 174 StPO.

In depth: the detention hearing under section 174 StPO →
04

A defence lawyer can act during the police phase and prevents statements made at interview from being used against the accused person.

The first hours after an arrest are particularly significant for the course of the proceedings. Statements made to the police can be used in the criminal proceedings. The defence lawyer secures the right to remain silent and accompanies the first interview. The lawyer can also apply for access to the file before the detention hearing under section 174 StPO and prepare the arguments against pre-trial detention or in favour of more lenient measures under section 173 para 5 StPO.

What to do now: First, name your defence lawyer immediately or have one named so that they can act before admission to the remand prison. Second, refuse any interview without the defence lawyer and insist on their presence. Third, give the defence lawyer all known information about the alleged offence and the grounds for detention so they can prepare for the detention hearing.

In depth: access to the file in pre-trial detention →

Arrest under sections 170 and 171 StPO: who may arrest

An arrest in Austrian criminal proceedings is not a routine measure. Under section 170 StPO it may as a rule only be ordered by the public prosecutor, with judicial authorisation. Section 171 StPO sets out the requirements: there must be a well-founded suspicion of a criminal offence and a ground for detention under section 173 para 2 StPO must exist, for instance a risk of flight, of obstruction or of further offending. In cases of imminent danger the police may also arrest without a prior order but must immediately inform the public prosecutor.

The arrest must be distinguished from pre-trial detention. The arrest is the provisional apprehension, which may be maintained only for the duration of the statutory time limits. Pre-trial detention is the judicially ordered detention following a detention hearing, imposed on the basis of sections 173 ff StPO. Between arrest and pre-trial detention lies the decisive judicial review.

Anyone who is arrested has the right to remain silent from that moment on. This applies to the police as much as to the first court examination. This right should not be waived before a defence lawyer is present. The lawyer may act already in the police phase and has the right to accompany the arrested person.

The two 48-hour time limits under section 172 StPO

Austrian law provides for two consecutive time limits that together set the framework until the detention decision. The first time limit concerns admission: under section 172 para 1 StPO the arrested person must be transferred without unnecessary delay, at the latest within 48 hours of the arrest, to the remand prison of the competent court. If this is not possible because of great distance to the competent court or because of illness, section 172 para 2 StPO permits use of an incompetent remand prison or a hospital; the examination by the competent court may then be conducted by video and audio link.

The second time limit begins with admission to the remand prison. Under section 172 para 2 StPO the court must examine the arrested person without delay after admission and then, at the latest 48 hours after admission, decide on pre-trial detention. In that examination the conditions for detention are assessed: urgent suspicion, grounds for detention and proportionality. The detention hearing under section 174 StPO then follows.

In practice these two time limits mean: up to 96 hours may pass between the moment of arrest and the detention order. Every hour in this window should be used for the defence. The defence lawyer can in this phase apply for access to the file, prepare the arguments for more lenient measures under section 173 para 5 StPO and prepare the arrested person for the examination and the detention hearing.

Two time limits at a glance

From arrest to detention decision: the two 48-hour steps

Austrian law provides under section 172 StPO for two consecutive time limits. The table places the most important points side by side.

Procedure under section 172 para 1 and para 2 StPO from arrest to detention decision
Stage First time limit: admission Second time limit: detention decision
Starting point Beginning Moment of arrest Moment of admission to the remand prison
Time limit Maximum duration 48 hours from arrest (section 172 para 1 StPO) 48 hours from admission (section 172 para 2 StPO)
Responsible Acting body Police: transfer to remand prison Court: examination and detention order
Exception Special rule If great distance or illness: incompetent remand prison or hospital Examination by video and audio link permitted
Next step What follows Handover to remand prison of the competent court Detention hearing under section 174 StPO

In total up to 96 hours may pass between arrest and the detention order. Every hour in this window should be used for legal preparation.

After the court's decision: detention hearing and legal protection

If the court decides in favour of pre-trial detention under section 172 para 2 StPO, it does so by way of a detention order. The detention hearing under section 174 StPO then takes place. At that hearing the court re-examines the conditions for detention: urgent suspicion under section 173 para 1 StPO, one of the grounds for detention under section 173 para 2 StPO and proportionality under section 5 StPO. The defence has here its first full opportunity to make submissions and to press for more lenient measures under section 173 para 5 StPO.

Against the detention order legal remedies are available. The detention appeal under sections 87, 88 StPO leads to the higher regional court, which reviews the order for lawfulness. In addition, the periodic detention review under sections 175, 176 StPO runs of the court's own motion: the first review usually after fourteen days, then after one month and thereafter every two months. The maximum duration of pre-trial detention is limited by section 178 StPO.

In practice the decisive factor is to build the defence as early as possible, that is already within the first 48 hours after the arrest. Anyone who engages their defence lawyer early can prepare the detention hearing under section 174 StPO, raise targeted arguments on proportionality and develop more lenient measures that help avoid pre-trial detention.

Frequently asked questions

What people often ask about arrest and the first 48 hours.

How long may the police hold someone before bringing them before a judge? +

Under section 172 para 1 StPO the arrested person must be transferred without unnecessary delay, at the latest within 48 hours of the arrest, to the remand prison of the competent court. After admission the court has a further 48 hours under section 172 para 2 StPO to decide on pre-trial detention. In total up to 96 hours may therefore pass before a detention order is issued.

Do I have to make a statement at a police interview? +

No. Anyone who is arrested has the right to remain silent. This applies to the police as much as to the court examination. Statements on the substance of the case should only be made once the defence lawyer is present and has assessed the procedural situation. A defence lawyer may act already in the police phase, before admission to the remand prison.

What happens if the police exceed the 48-hour time limit? +

The time limit under section 172 para 1 StPO is a statutory maximum. If it is exceeded a procedural error has occurred. The defence lawyer can raise this in the detention proceedings and press for release. In practice the time limit is usually observed by the police, but the exact time of arrest should always be recorded.

What is the difference between arrest and pre-trial detention? +

The arrest under sections 170, 171 StPO is the provisional police apprehension, which may be maintained only for the duration of the statutory time limits. Pre-trial detention is the judicially ordered detention on the basis of sections 173 ff StPO, imposed after a detention hearing under section 174 StPO. The arrest therefore leads either to pre-trial detention or to release.

When may the police arrest someone without a judicial order? +

Under section 170 StPO an arrest without prior judicial authorisation is permissible in cases of imminent danger, that is when immediate apprehension is necessary to avert a risk or to secure the proceedings. In such a case the police must inform the public prosecutor without delay, who in turn initiates judicial review.

In depth

Further topics on pre-trial detention

The detention hearing after arrest

Course and preparation of the detention hearing under section 174 StPO that follows admission to the remand prison.

Grounds for pre-trial detention

Which grounds under section 173 para 2 StPO support pre-trial detention and how to challenge them.

More lenient measures instead of pre-trial detention

The alternatives to pre-trial detention under section 173 para 5 StPO and how to secure them at the detention hearing.

Detention review and appeal compared

The new post on the detention review hearing under sections 175, 176 StPO and how to prepare for it.

Topics
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