Evidence the period
Request confirmation with start, end, reason, file number and authority. Without exact dates, credit remains uncertain.
Pre-trial detention
Credit for foreign pre-trial detention in Austria: § 38 StGB and evidence
Foreign pre-trial detention credit under § 38 StGB: evidence, translations and file references needed.
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Foreign detention must be evidenced clearly before it can be credited. § 38 StGB refers to custody and pre-trial detention that may be credited against imprisonment or a fine when the required connection exists and it has not already been used elsewhere.
The special problem is proof. Foreign detention certificates, orders, judgments, translations, file numbers and enforcement status must be ordered so an Austrian court can assess what should actually be credited.
Initial assessment
Which evidence is missing for credit?
§ 38 StGB allows credit for certain custody and pre-trial detention if it has not already been credited or compensated elsewhere. For foreign detention, evidence often decides the practical outcome.
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What is open about the foreign detention?
Choose the evidence problem that is currently most important.
All paths at a glance
Overview of all answers.
Secure translation
Foreign-language documents should be translated in a reliable way. A family summary is not enough for legal review.
Exclude double credit
§ 38 StGB requires that the detention has not already been credited against another sentence or compensated. This must be checked expressly.
Order the link
The detention must have the required link to the offence or suspicion. Build a chronology of the file.
§ 38 StGB and the limit of credit
§ 38 StGB and the limit of credit
§ 38 StGB covers administrative and judicial custody and pre-trial detention. Credit is possible only where the detention relates to the offence or to suspicion after that offence.
The provision also sets a limit. The detention must not already have been credited against another sentence or compensated. This limit is especially important with foreign detention.
Why translation and file numbers matter
Why translation and file numbers matter
Austrian authorities must be able to see which foreign decision supports which period of detention. Vague certificates are not enough. Start, end, detention ground, file number, authority and procedural status belong together.
A translation should preserve verifiable data, not only the general meaning. Names, dates of birth, file numbers and dates must match the original.
Separate extradition and surrender detention
Separate extradition and surrender detention
Extradition detention and surrender detention are separate topics. This article does not assess surrender itself, but the later question whether foreign deprivation of liberty can be credited against an Austrian sentence.
That is why the guides on European arrest warrant and extradition detention are link targets, not templates. This article is about evidence, translation and avoiding double use.
Document check
Which records support detention credit
The table orders typical evidence.
| Record | Content | Why it matters |
|---|---|---|
| Certificate Certificate | Start, end, authority | Basis for the period |
| Order Order | Ground, file number | Link to offence |
| Translation Translation | Reliable German version | Usability |
| Enforcement Enforcement | Other credit or compensation | Avoid double credit |
Additional documents may be needed depending on the state and procedure.
Important: Do not promise credit based on foreign records alone. First check whether the detention falls under § 38 StGB and has not already been used elsewhere.
FAQ
Questions families often ask
Is a foreign detention certificate enough? +
Often not. It is an important starting point, but file numbers, ground, period, translation and enforcement status may also be needed.
Can foreign detention always be credited? +
No. § 38 StGB requires the relevant connection and excludes credit where the detention has already been credited or compensated elsewhere.
How should translation be handled? +
The translation should allow the court or authority to verify names, dates, file numbers and detention periods reliably.
In depth
Further topics on haftrecht.at
Topics
pretrial-detentionsection-38foreign-detentionsentence-creditaustria
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