Order and legal basis: prüfen
The detention decision and specific treatment must be separated.
Preventive detention
Compulsory treatment in forensic detention: requirements and legal protection
Compulsory treatment in forensic detention: the specific measure, medical reasons, proportionality and legal protection.
Your personal attorney
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.
29 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
Treatment against a person’s will deeply affects personal freedom. The measure, therapeutic goal and current risk must be understandable.
Forensic measures and treatment
Compulsory treatment in forensic detention: requirements and legal protection
Detention under sections 21 et seq. of the Criminal Code does not automatically authorise every treatment. The statutory framework, medical reasons, current risk and proportionality matter.
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Which point do you need to clarify?
Separate the legal basis, implementation and remedy.
Legal basis and distinction
Legal basis and distinction
The detention decision and specific treatment must be clearly separated in the reasons and record. The legal basis must match the specific measure. A general reference to detention does not by itself justify the intervention.
Case-specific review
Case-specific review
Purpose, suitability and less intrusive options must be identifiable. Also record duration, review points and criteria for ending the treatment. These details belong in the reasons.
Appeal and documentation
Appeal and documentation
Secure the judgment, treatment plan, records and reports.
Review framework
Review points at a glance
Review the legal basis, specific measure and remedy separately.
| Point | Question | Records |
|---|---|---|
| Order and legal basis Which decision is challenged? | Decision, record | |
| Concrete implementation What reasons were stated? | Decision, record | |
| Legal protection and records Which records and remedy apply? | Decision, record |
The individual file and current law are decisive.
Important: The concrete legal and factual situation must be assessed.
Frequently asked questions
Frequently asked questions.
Detention or treatment +
The detention decision and specific treatment must be separated.
Therapeutic goal and risk +
Purpose, suitability and less intrusive options must be identifiable.
Court control +
Secure the judgment, treatment plan, records and reports.
Topics
compulsory treatmentforensic detentionsection 21 Criminal Codeproportionality
Arrest? Detention? Warrant?
When liberty is at stake, every hour counts. Call us directly or send an email, callback within one business day. In urgent cases, we are also available outside office hours.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152