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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.

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8 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

Conditional release is for many prisoners the most important lever to shorten the time in the institution. Anyone who meets the temporal requirement and can carry a favourable prognosis serves the remaining sentence not in detention but on a probation period in liberty. This post explains from when conditional release is possible, what matters for the prognosis, how the hearing runs and what to do in the event of a refusal.

One point up front, because much outdated knowledge circulates here: the formerly central two-thirds threshold is no longer a separate statutory hurdle. Decisive is half the sentence, minimum three months, under Section 46 para 1 StGB. From 1.1.2026 the decision is also purely special preventive, general-preventive considerations no longer bar release. From a legal perspective it pays to build the prognosis factors early and with evidence, because the decision rests on concrete facts.

Where do you stand in the procedure?

Half sentence, prognosis, hearing or refusal, what is your next step?

Conditional release follows a clear sequence. Choose the constellation that matches your situation, you will receive an assessment with concrete first steps and the right in-depth reading.

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01 Question 1

Where do you stand in the conditional release procedure?

Conditional release follows a clear sequence, from the question of the temporal requirement, through the prognosis and the hearing, to the complaint against a refusal. Choose the constellation that comes closest to your situation.

All paths at a glance

Overview of all answers.

01

Decisive is half the sentence, minimum three months, under Section 46 para 1 StGB.

The temporal requirement for conditional release today is half of the custodial sentence imposed, but at least three months. Section 46 para 1 StGB attaches to this. The formerly central two-thirds threshold is no longer a separate statutory hurdle, because the corresponding paragraphs of Section 46 StGB have been repealed. From 1.1.2026 the decision is also purely special preventive, general-preventive considerations no longer bar release.

What to do now: First, calculate the exact half-sentence date, because from that point the enforcement court's decision is due. Second, assemble the evidence relevant to the prognosis, that is proof of work, accommodation, the social environment receiving the person and, where applicable, treatment. Third, prepare these points in good time before the hearing, so that the prognosis rests on solid facts.

In depth: Conditional release, Sections 46, 48 StGB →
02

The prognosis is special preventive, treatment begun during enforcement counts in favour of release under Section 46 para 4 StGB.

Since 1.1.2026 the special-preventive prognosis alone decides. Conditional release is to be granted as soon as it is to be assumed that the person concerned will be deterred from further offences no less by release than by continued service. Section 46 para 4 StGB requires that regard be had to the change in circumstances that has occurred during enforcement, expressly including voluntary treatment begun during enforcement.

What to do now: First, strengthen the factors that carry a favourable prognosis, that is secured work, stable accommodation, a supportive environment and proof of a serious engagement with the offence. Second, document treatment begun during enforcement, because the law expressly recognises it. Third, prove these facts at the hearing, because the prognosis rests on concrete circumstances, not on declarations of intent.

In depth: The enforcement plan, treatment and the prognosis →
03

Before the decision the enforcement court hears the person concerned under Section 152a StVG.

Conditional release is decided by the enforcement court (Vollzugsgericht), established at the regional court. Under Section 152a StVG the person concerned must be heard before the decision, unless the hearing appears unnecessary in the individual case. If the person concerned requests a hearing, the court may dispense with it only if it grants release. The court obtains opinions from the institution, the probation service and, where needed, experts.

What to do now: First, prepare the hearing and set out the prognosis-relevant facts in an orderly way. Second, check whether the hearing takes place in person or by video and audio transmission, both are provided for by law. Third, note that a decision pronounced orally triggers a short deadline for the complaint, where prompt action is needed.

In depth: The hearing and the conditional release procedure →
04

Against the enforcement court's refusal, a complaint to the higher regional court is available.

If the enforcement court refuses conditional release, the decision is open to challenge. The complaint goes to the higher regional court (Oberlandesgericht). If the decision is pronounced orally at the hearing, the complaint must be lodged within three days, otherwise the general deadline of fourteen days from service applies. After a refusal, conditional release must be decided again later, in any event once the fifteen-year limit under Section 46 para 5 StGB is reached.

What to do now: First, examine the reasoning of the refusal closely, it shows which prognosis factors the court considered insufficient. Second, observe the complaint deadline, in case of oral pronouncement immediately. Third, in parallel work on the criticised points, that is further consolidate work, accommodation or treatment, so that a later decision turns out differently.

In depth: Legal remedies and complaint paths in enforcement →

From when: half the sentence, no longer two-thirds

The temporal requirement for conditional release from a fixed-term custodial sentence is half of the sentence imposed, but at least three months. Section 46 para 1 StGB is the decisive provision. So someone serving a sentence of two years reaches the half-sentence point after one year, from which conditional release falls to be decided.

A persistent belief holds that release comes into consideration only after two-thirds of the sentence. As a separate statutory hurdle, however, this two-thirds threshold has fallen away, the corresponding paragraphs of Section 46 StGB are repealed. In practice the two-thirds mark sometimes still serves as a point of orientation, but it is no longer an additional requirement to be overcome between the half-sentence and the end of the sentence.

A separate rule applies to life imprisonment. Under Section 46 para 6 StGB, conditional release is possible only once at least fifteen years have been served and it is to be assumed that no further offences will be committed. For several custodial sentences, Section 46 para 5 StGB requires regard to the combined duration, but in any event conditional release must be decided at the latest after fifteen years.

The prognosis: what carries the decision

The temporal requirement alone is not enough, the prognosis comes in addition. Since 1.1.2026 it is purely special preventive. Conditional release is to be granted as soon as it is to be assumed that the person concerned will be deterred from further offences no less by release than by continued service of the sentence. General-preventive considerations, that is the idea of general deterrence, no longer bar release.

Which facts carry the prognosis follows from the previous life, the course of enforcement and the prospects after release. Favourable are secured work or training, stable accommodation, a supportive social environment and an orderly economic situation. Section 46 para 4 StGB expressly requires regard to be had to the change in circumstances that has occurred during enforcement, in particular to voluntary treatment begun during enforcement.

This closes the circle back to treatment during enforcement. Anyone who has begun an addiction, social or other therapy and documented its course brings one of the strongest prognosis-relevant circumstances into the proceedings. With violent and sexual offences, a serious therapeutic engagement with the offence is in practice hardly dispensable, without it the prognosis regularly turns out unfavourable.

Requirement, prognosis and procedure

Conditional release at a glance

Conditional release combines a temporal requirement with a prognosis and an orderly procedure. The overview orders the most important building blocks, in the individual case a precise examination is required.

Conditional release from imprisonment by temporal requirement, prognosis and procedure
Building block Content and legal basis What matters
Timing Half the sentence, minimum three months Decisive under Section 46 para 1 StGB, no separate two-thirds threshold Calculate the half-sentence date precisely
Prognosis Special-preventive assessment of future conduct Purely special preventive since 1.1.2026, treatment relevant under Section 46 para 4 StGB Prove work, accommodation, environment and treatment
Procedure Decision by the enforcement court after a hearing Hearing under Section 152a StVG, opinions from the institution and probation service Prepare the hearing, set out facts in an orderly way
Probation period Conditional remission of the remaining sentence on probation Probation period under Section 48 StGB, minimum one year, ten years for life sentences Plan for possible instructions and probation assistance

The probation period under Section 48 StGB is at least one year, as a rule up to three years, in certain cases such as a longer remaining sentence, sexual offences or ongoing treatment up to five years, and ten years for a life sentence. Against the enforcement court's decision, a complaint to the higher regional court is available.

Hearing, decision and complaint

Conditional release is decided by the enforcement court, established at the regional court. Before the decision the person concerned must be heard under Section 152a StVG, unless the hearing appears unnecessary in the individual case. If the person concerned requests a hearing, the court may dispense with it only if it grants release in any event. The hearing takes place in person or by way of video and audio transmission.

The court bases its prognosis on a broad factual foundation. It obtains opinions from the institution and the probation service and may, in so far as it appears expedient for the conduct prognosis, consult medical, psychotherapeutic or psychological experts. For the person concerned the hearing is the most important opportunity to present the prognosis-relevant facts in an orderly and evidenced way.

If conditional release is refused, a complaint to the higher regional court is available. If the decision is pronounced orally at the hearing, the complaint must be lodged within three days, otherwise the general deadline of fourteen days from service applies. A refusal is not the end, conditional release must be decided again later, so that work on the criticised prognosis factors continues to pay off.

Frequently asked

What is often asked about conditional release.

From when is conditional release possible, after half or after two-thirds? +

Decisive is half of the custodial sentence imposed, but at least three months, under Section 46 para 1 StGB. The formerly central two-thirds threshold has fallen away as a separate statutory hurdle, the corresponding paragraphs of Section 46 StGB are repealed. In practice the two-thirds mark sometimes still serves as a point of orientation, but it is no longer an additional requirement.

What matters for the prognosis? +

Since 1.1.2026 the prognosis is purely special preventive. Conditional release is to be granted as soon as it is to be assumed that the person concerned will be deterred from further offences no less by release than by continued service. Favourable are secured work, stable accommodation, a supportive environment and treatment begun during enforcement, which Section 46 para 4 StGB expressly recognises.

Do general-preventive grounds still play a role? +

No, no longer as an independent ground for refusal. From 1.1.2026 the special-preventive prognosis alone decides, which relates to the person of the individual concerned. The idea of general deterrence no longer bars conditional release.

How does the hearing run? +

Conditional release is decided by the enforcement court. Under Section 152a StVG the person concerned must be heard before the decision, unless the hearing appears unnecessary. It takes place in person or by video and audio transmission. The court obtains opinions from the institution and the probation service and, where needed, experts. The hearing is the most important opportunity to present the prognosis factors with evidence.

How long is the probation period? +

The probation period under Section 48 StGB is at least one year and as a rule up to three years. In certain cases, for example a longer remaining sentence, sexual offences or ongoing treatment, it extends to up to five years. For conditional release from a life sentence the probation period is ten years. Within the probation period, instructions can be issued and probation assistance ordered.

What can I do if conditional release is refused? +

Against the enforcement court's refusal, a complaint to the higher regional court is available. If the decision is pronounced orally, the complaint must be lodged within three days, otherwise the deadline of fourteen days from service applies. Independently of this, conditional release must be decided again later, so it pays to keep working on the criticised prognosis factors.

In depth

Further topics on conditional release

Conditional release, Sections 46, 48 StGB

Conditions, prognosis and probation period of conditional release in the in-depth presentation.

Rights during enforcement, the enforcement plan and treatment

How the course of enforcement and treatment begun support the prognosis for conditional release.

Therapy and treatment in prison

The journal post on how treatment under Section 46 para 4 StGB supports conditional release.

Electronic monitoring after commencing a prison sentence

How the tag and conditional release combine in the further course of enforcement.

Topics
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