Disciplinary measures in Austrian prisons under section 109 StVG

The misconduct catalogue is exhaustively governed in section 107 StVG. Conduct outside that catalogue cannot give rise to a disciplinary sanction. The accused person has the right to know exactly which conduct is alleged so that they can respond to it.

What to do now: First, demand the written notice of allegation and check whether the alleged conduct is listed in section 107 StVG. Second, ensure that the facts are clearly and completely described. Third, if the legal basis is absent or unclear raise an objection immediately and seek legal advice.

Under section 109 StVG available disciplinary sanctions are: reprimand, restriction of privileges, fine up to a legally specified maximum and cell confinement. The chosen sanction must be commensurate with the gravity of the misconduct. A disproportionately harsh sanction can be challenged by complaint.

What to do now: First, compare the imposed sanction with section 109 StVG and check whether the measure is provided by law. Second, set the gravity of the alleged misconduct against the imposed sanction. Third, where disproportionate call on the enforcement chamber as the appellate instance.

Before a disciplinary sanction is imposed the accused person must be heard. The hearing is an essential procedural right. It provides an opportunity to present the facts from the accused person's perspective, to raise exculpatory matters and to point out contradictions. Proceedings without a hearing are defective.

What to do now: First, verify that the hearing actually took place and that a record of the statement is available. Second, name exculpatory facts and witnesses. Third, check the record for completeness and apply in writing for additions where gaps exist.

Under section 116 StVG a complaint against orders of the prison management can be lodged with the enforcement chamber at the competent regional court. The enforcement chamber reviews the decision for lawfulness and proportionality. The complaint must be submitted in writing within the statutory time limit.

What to do now: First, carefully review the prison management order and the complaint deadline. Second, submit the complaint in writing with a concrete explanation of why the decision is unlawful or disproportionate. Third, engage a lawyer to draft the complaint.