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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.

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21 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

Being unable to pay a fine does not inevitably lead to custody. If a fine is not recovered, default imprisonment does take its place. But Austrian law opens several routes to avert it: payment, proof of payment and, above all, community service instead of custody. Those who know the options and act in good time avoid serving the sentence.

This post explains how default imprisonment arises and how it can be averted. The basis is section 19 para 3 StGB for the default imprisonment, section 3 StVG for the omission of enforcement and section 3a StVG for community service. A clear conversion applies: one day of default imprisonment equals four hours of community service, at most ten hours per week, arranged through NEUSTART.

Which route fits your situation?

Payment, community service, conversion or consequences?

A looming default imprisonment can be averted in several ways. Choose the topic that concerns you right now and you will receive an assessment with concrete first steps and the matching in-depth reading.

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01 Question 1

How do you want to respond to the looming default imprisonment?

If a fine is not paid, default imprisonment takes its place. This can be averted: by payment, by an instalment solution, or by community service arranged through NEUSTART. Choose what is an option for you right now.

All paths at a glance

Overview of all answers.

01

If the open fine is paid or payment is proven, enforcement of the default imprisonment is omitted under section 3 StVG.

The simplest way to avert default imprisonment is to pay the open fine. Under section 3 StVG enforcement is omitted to the extent that the convicted person pays the open fine or proves payment by a public document. A partial payment already made also reduces the remainder that would have to be converted into custody. Anyone who cannot raise the sum in one go should seek payment relief or instalments early, before the default imprisonment would have to begin.

What to do now: First, clarify the open amount and the way to pay it so that payment arrives in time and can be proven. Second, if full payment is not possible, set an instalment solution in motion. Third, in parallel examine whether community service under section 3a StVG is the better route should neither payment nor instalments succeed.

In depth: prison sentence at a glance →
02

Instead of default imprisonment, community service under section 3a StVG can be performed, arranged through NEUSTART.

Under section 3a StVG default imprisonment can be averted by community service. NEUSTART arranges it. One day of default imprisonment equals four hours of community service. The period within which the service is to be performed may be no longer than is necessary at ten working hours per week. This keeps the work manageable alongside job and daily life. Even those already in custody must be informed of this possibility.

What to do now: First, contact NEUSTART to set the community service in motion. Second, calculate the scope, that is four hours per open day, and plan the weekly burden of at most ten hours. Third, ensure reliable and documented performance so that enforcement is omitted for good.

In depth: legal remedies in prison enforcement →
03

The extent of the default imprisonment follows from the conversion key in the judgment; one day equals four hours of community service.

The length of the default imprisonment follows under section 19 para 3 StGB from the conversion key set out in the judgment. If the fine is not recovered, the default imprisonment determined in the judgment takes its place. For community service the conversion of section 3a StVG then applies: one day of default imprisonment equals four hours of community service. The number of open days thus directly yields the number of hours to be performed.

What to do now: First, look up in the judgment the conversion key and the resulting length of the default imprisonment. Second, multiply the open days by four to determine the hours to be performed. Third, using the limit of ten weekly hours, estimate the necessary period and plan the performance accordingly.

In depth: prison sentence at a glance →
04

If the community service is not or only partly performed, the open remainder is enforced as default imprisonment.

Community service averts the default imprisonment only to the extent that it is actually performed. Under section 3a StVG, if the service is not or only partly performed, the open remainder is enforced as default imprisonment. Hours already performed remain credited, so that the remaining custody is shortened accordingly. Anyone who falls behind should therefore react quickly rather than letting performance break off.

What to do now: First, keep to the agreed scope and the dates with NEUSTART and gather proof. Second, if difficulties loom, seek a conversation early to adjust performance rather than let it fail. Third, examine whether, in a hardship case, payment or an instalment solution can still cover the remaining part.

In depth: prison sentence at a glance →

How default imprisonment arises

A fine is imposed in daily rates. If it is not recovered, that is neither paid nor successfully collected, default imprisonment takes its place under section 19 para 3 StGB. It is not an additional penalty but the substitute for the fine that was not paid. Its extent does not follow from a free estimate but from the conversion key set out in the judgment.

The length of the default imprisonment is therefore fixed from the outset. Anyone who wants to know how many days are at stake looks up in the judgment how the daily rates are to be converted into days of custody. This figure is also the starting point for averting the sentence, because the open days show how much payment or how many hours of community service are needed to avoid enforcement.

Default imprisonment is thus no inevitable end. It is the consequence provided by law for the fine that was not recovered, yet it can be averted up to the last moment. The earlier one acts, the more room remains for payment, instalments or community service.

Three ways to avert enforcement

Under section 3 StVG enforcement of the default imprisonment is omitted to the extent that the convicted person pays the open fine, proves payment by a public document or performs community service under section 3a StVG. The law thus names three routes, each of which avoids enforcement in whole or in part. A partial payment also takes effect, because it reduces the open remainder.

The third route, community service, is the decisive one for many. Under section 3a StVG it is arranged through NEUSTART. One day of default imprisonment equals four hours of community service. The period within which the service is to be performed may be no longer than is necessary at ten working hours per week. This keeps the work manageable alongside job and obligations.

Importantly, averting the sentence is not limited to those still at liberty. Even those who have already begun the default imprisonment must be informed of the possibility of community service. Anyone who contacts NEUSTART in good time can often still avert or shorten enforcement.

The routes compared

Payment and community service side by side

Both routes avert enforcement but differ in requirement, effort and procedure. The overview places the most important points side by side.

Comparison of payment (section 3 StVG) and community service (section 3a StVG)
Feature Payment of the fine Community service
Basis Norm Section 3 StVG, payment or proof of payment Section 3a StVG, service instead of custody
Requirement What is needed Pay the open fine or prove payment by document Perform community service through NEUSTART
Conversion Standard Open amount from the judgment One day equals four hours of service
Burden Time limit In one go or in instalments At most ten working hours per week
On failure Consequence Open remainder still to be converted Open remainder enforced as default imprisonment

The routes do not exclude one another. A partial payment and community service for the rest can be combined to avoid enforcement.

Community service in practice

Anyone who wants to perform community service turns to NEUSTART, which under section 3a StVG handles the arrangement. NEUSTART clarifies the framework, arranges a suitable place of assignment and accompanies the performance. The service is unpaid and serves the common good, for instance in social or charitable institutions.

The scope follows the statutory conversion: one day of default imprisonment equals four hours of community service. The open days thus yield the total number of hours. So that the burden remains bearable, the period may be no longer than is necessary at ten working hours per week. This weekly limit determines over what span the service is spread.

Decisive is the actual performance. If the service is not or only partly performed, the open remainder is enforced as default imprisonment. Hours already performed, however, remain credited. Anyone who runs into difficulty should therefore seek a conversation with NEUSTART early and adjust performance rather than let it break off.

Frequently asked questions

What people often ask about default imprisonment.

What is default imprisonment? +

If a fine is not recovered, default imprisonment takes its place under section 19 para 3 StGB. Its extent follows from the conversion key set out in the judgment. It is not an additional penalty but the substitute for the fine that was not paid, and it can be averted up to the last moment.

How can I avert default imprisonment? +

Under section 3 StVG enforcement is omitted to the extent that you pay the open fine, prove payment by a public document or perform community service under section 3a StVG. A partial payment also reduces the remainder. The earlier you act, the more room remains for payment, instalments or community service.

How many hours of community service must I perform? +

Under section 3a StVG one day of default imprisonment equals four hours of community service. The open days thus yield the total number of hours. The period may be no longer than is necessary at ten working hours per week. NEUSTART handles the arrangement.

What happens if I do not perform the service in full? +

If the community service is not or only partly performed, the open remainder is enforced as default imprisonment under section 3a StVG. Hours already performed remain credited, so that the remaining custody is shortened. If difficulties loom, you should seek a conversation with NEUSTART early.

Does this also apply if I am already in custody? +

Yes. Even those who have already begun the default imprisonment must be informed of the possibility of community service. Anyone who contacts NEUSTART in good time can often still avert or shorten the further enforcement, because time already served remains credited.

In depth

Further topics on the prison sentence

Prison sentence at a glance

The focus page on starting the sentence, enforcement and legal protection in the prison sentence.

Legal remedies in prison enforcement

The journal post on complaints and legal protection against decisions in prison enforcement.

Starting and postponing the sentence

The focus page on when the start of a prison sentence can be postponed.

Postponement of the prison sentence under section 6 StVG

The journal post on when the start of the sentence is postponed for personal or economic reasons.

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