The threshold date must be recalculated.
Check sentence length, credited pre-trial detention and the earliest possible date under section 46 StGB. A premature application is no substitute for proper timetable planning.
Imprisonment
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.
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Mag. Christopher Angerer, Rechtsanwalt
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13 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
An application for conditional release is meant to prepare freedom. If it is filed too early, by the wrong person or without useful evidence, it may waste time and create false expectations. Relatives often see only that it was refused, while the real issue may be inadmissibility or premature filing.
The 2026 draft Prison Law Amendment addresses competence and rejection issues in section 18c of the Prison Act. That is still a draft. For the substantive threshold, section 46 of the Criminal Code remains central. Timing, authority and evidence should therefore be planned carefully.
Quick assessment
Which first review path fits?
This first assessment does not replace review of the specific prison act. It helps sort documents and deadlines.
Already know that you want to send an inquiry? Go directly to the form.
Why is the application problematic?
Choose whether the problem is timing, the applicant or preparation of the next application.
All paths at a glance
Overview of all answers.
Applicant and representation must be clear.
Before filing, it should be clear who acts and which power of attorney exists. Unclear or duplicate applications complicate the procedure.
The new application needs more substance.
Use the time before the next admissible date for work, treatment, housing, release planning and statements. This strengthens the prognosis.
Why a premature application can hurt
Why a premature application can hurt
Conditional release under section 46 StGB depends on more than a wish to be released. Time thresholds must be reached and a favourable prognosis must be shown. If an application is filed before the legal review can begin, the procedure may fail on admissibility.
For families this is frustrating, but it is not always a substantive defeat. A rejection on formal grounds often means the matter came too early or in the wrong form. The next attempt should then be prepared strategically rather than simply repeating the same request.
Timing, sentence length and credited custody
Timing, sentence length and credited custody
The earliest useful date depends on sentence length, time already served, credited pre-trial detention and the applicable threshold. In many cases, half of the sentence is central, while other limits and prognosis issues may also matter.
Before a new application, all dates should be set out clearly: start of sentence, credited custody, expected halfway date, possible two-thirds date and planned release date. This prevents premature filings and helps the court review the case.
Practice overview
Avoiding application errors
What to check before the next application
| Issue | Review question | First step |
|---|---|---|
| Timing Timing | Calculate halfway point, custody credit and sentence time | Prepare a date overview |
| Competence Competence | Clarify body and route | Avoid scattered duplicate letters |
| Evidence Evidence | Collect prognosis documents | Show work, treatment, housing and family |
| Reasons Reasons | Address risks openly | Submit a concrete release plan |
This overview does not replace individual legal review. Current law, the specific decision and the file remain decisive.
Competence and applicant
Competence and applicant
In practice, applications may come from the prisoner, through counsel or with strong family support. Representation should be clear and documents should be filed in an organised way. Several uncoordinated letters can dilute the core argument.
The draft refers to section 18c StVG on rejection and competence. Until enacted, current law remains decisive. The practical lesson is independent of that: the application must go to the right body, at the right time and with clear reasons.
Preparing the next application
Preparing the next application
The time after rejection should be used. Relevant points include work or training in prison, treatment progress, absence of disciplinary issues, accommodation after release, employment prospects, family support and a realistic plan for conditions.
A strong follow-up application does not merely state that release is desired. It shows why the prognosis is now reliable. This requires evidence and an honest response to risks. If the first application was early, the second can be made much stronger.
Important: A rejection as premature is not necessarily the end of conditional release. Often it means that timing, competence or preparation must be reorganised.
FAQ
What affected persons should know now
When can conditional release be requested? +
That depends on sentence time, credited custody and the requirements of section 46 StGB. The earliest useful review date should be calculated before filing.
Is a premature application lost forever? +
No. A premature or inadmissible application can usually be filed again later with stronger evidence.
Which documents help the next application? +
Useful documents include evidence of work, training, treatment, housing, family support, debt management and a realistic plan after release.
Related topics
Further topics on haftrecht.at
Topics
strafhaftbedingte-entlassungstgb-46stvgzurueckweisungantrag
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