Sections 63 and 64 StVG cover prison drawing, necessary materials at the prisoner’s expense and when finished work must be left with a prisoner.
Mag. Christopher Angerer, Rechtsanwalt
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Section 63 StVG permits prisoners to draw, paint or engage in other visual artistic activity during free time to a reasonable extent. The institution must obtain the items necessary for that activity, with the prisoner bearing the cost. Section 64(1) also allows the use of certain funds that would otherwise be unavailable for obtaining services during imprisonment.
There is a separate rule for records and finished artwork: on request, they must be left with the prisoner unless a statutory exception applies. The materials required and the way a dispute is assessed depend on the activity, its scope and the institution’s decision.
Classify whether the question concerns the activity, its materials or a finished work.
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The law treats visual activity, procurement of materials and retention of finished work separately.
Section 64(1) StVG provides that the institution obtains, at the prisoner’s expense, items necessary to exercise the right under section 63. List the activity, the items needed and the quantity. The provision requires procurement of necessary items; it does not grant free or unlimited supplies.
Section 63 StVG covers drawing, painting and other visual artistic activity during free time, to a reasonable extent. Describe the project, the items required and its intended scope. Making an item for personal use is a separate legal question; the article on leisure-time work under section 61 explains that distinction.
Records and products of visual artistic activity must be left with the prisoner on request. The exception applies if specific facts give reason to fear misuse or order in the cell is affected. Ask for the specific reasons and record the work, request and response. In other respects, the items are treated like property in custody, subject to the final sentence of section 62.
This article covers drawing, painting and the materials required for that activity. Making an item for personal use during free time is a separate legal question. The article on leisure-time work under section 61 StVG explains that distinction.
Section 63 StVG entitles prisoners to draw, paint or engage in other visual artistic activity during free time to a reasonable extent. It creates a specific right to visual activity. The statute does not set a uniform number of hours across Austria or provide a complete list of permitted techniques.
Making an item for personal use or for a relative raises a different legal question from drawing and painting under section 63. The article on leisure-time work under section 61 covers that distinction.
Under section 64(1) StVG, the institution obtains, at the prisoner’s expense, items needed to exercise the rights under sections 62 and 63. Depending on the project, these may include paper, pencils, brushes or paint. The law does not require free supplies in general and does not promise an unlimited quantity or a particular brand.
Prisoners may also use funds that would otherwise be unavailable to obtain services during imprisonment. A request should therefore separate two questions: which items are necessary for the planned visual activity, and which available funds will cover their cost.
Section 64(1) addresses procurement and payment. It does not prescribe a particular application form, a uniform list of quantities or a general processing deadline. The institution can explain its practical procedure, but that does not create an additional statutory condition for the right under section 63.
A clear written request helps identify the need. State the planned activity, the items required, their quantity and how they relate to the intended scope. Ask what they will cost and which funds can be used. If an item is refused or the quantity is reduced, ask for the specific reason.
Section 64(2) StVG covers records and products of visual artistic activity. They must be left with the prisoner on request. The statute states an exception where specific facts give reason to fear misuse or order in the cell is affected. The particular work, the request and the reason given therefore matter.
In other respects, the records and works are treated like property in custody. The final sentence of section 62 StVG remains expressly unaffected. The rule addresses retention in the institution and its exceptions. Sections 63 and 64 alone do not fully answer whether a work may be sent, sold or otherwise transferred. For other personal items, see the article on custody and return.
Record the material or work involved, when you made a request and how the institution responded. For materials, note the item, quantity and cost question. For a finished work, ask whether the institution relies on possible misuse or order in the cell, and which facts support that position.
Where possible, ask for the response and its specific reasons in writing. Whether and how a decision can be reviewed depends on the event and its legal classification. Sections 63 and 64 StVG do not provide a general deadline for every such issue. The request, response and a precise description of the item or work help with an individual review.
No. Section 64(1) StVG provides for the institution to obtain necessary items at the prisoner’s expense. Funds otherwise unavailable for services during imprisonment may also be used to pay for them.
Sections 63 and 64 StVG do not name a particular brand or provide a complete materials list. The issue is which items are necessary for the specific visual activity and whether its scope is reasonable.
Section 63 StVG entitles prisoners to draw, paint or engage in other visual artistic activity during free time to a reasonable extent. The scope and materials should fit the specific project.
Under section 64(2) StVG, a product of visual artistic activity must be left with the prisoner on request. The exception applies where specific facts give reason to fear misuse or order in the cell is affected. Record the request and reasons given.
Sections 63 and 64 do not set a fixed number of hours or provide a complete materials list. Section 63 requires a reasonable scope. Describe the specific project and ask which reasons support any restriction.
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