Enforcement chamber at the regional court as appellate body in Austrian prisons

Under section 16 StVG enforcement chambers at regional courts at the seat of the Higher Regional Courts of Vienna, Linz, Graz and Innsbruck are competent for complaints against prison management orders. A complaint is only admissible against a formal order, not against informal measures. The complaint period begins to run from service of the order.

What to do now: First, check whether a formal order exists or whether the prison management merely took an informal measure. Second, document the time of service of the order and calculate the complaint deadline. Third, seek legal advice immediately if uncertain, so as not to miss the deadline.

A complaint to the enforcement chamber must precisely identify the contested prison management order. It must explain in which respect the order is unlawful or disproportionate and must include a concrete motion, for instance for annulment or amendment. A mere expression of dissatisfaction does not suffice.

What to do now: First, read the order in full and identify the challengeable points. Second, describe concretely the breach of the legal basis or the disproportionality. Third, formulate a clear motion and file the complaint in time.

The enforcement chamber is a panel at the regional court composed of professional judges. It reviews the prison management decision for lawfulness and proportionality. The proceedings are primarily written; an oral hearing only takes place in cases provided by law. The enforcement chamber may annul or amend the order.

What to do now: First, submit to the enforcement chamber all relevant documents on which the complaint is based. Second, insist on an oral hearing if this is legally possible. Third, review the enforcement chamber decision for its content and the possibility of a further appeal.

In cases specified by law a further appeal against the enforcement chamber decision can be lodged with the competent Higher Regional Court. The Higher Regional Court reviews the enforcement chamber decision for unlawfulness. The further appeal is subject to a time limit and must be filed in writing.

What to do now: First, review the enforcement chamber decision to determine whether a further appeal to the Higher Regional Court is admissible under the law. Second, calculate and secure the deadline for the further appeal. Third, engage a lawyer to draft the further appeal.