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Interruption of a prison sentence under section 99 StVG: pausing the sentence during enforcement

Interruption of a prison sentence under section 99 StVG: how ongoing enforcement is paused, who decides and what duties apply on resumption.

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20 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

Anyone serving a prison sentence may find themselves in a situation that calls for a short suspension of enforcement: an urgent personal matter, an economic necessity or a health event. For such cases the Prison Act provides for the interruption of a prison sentence under section 99 StVG. It pauses the sentence already commenced for a defined period.

This post explains how the interruption differs from the postponement, who decides on it and what duties are attached to it. While the postponement under section 6 StVG applies before commencement, the interruption concerns ongoing enforcement. The sentence must be resumed at the latest on expiry of the interruption, otherwise non-crediting and revocation loom.

What do you need for the interruption?

Delimitation, application, resumption or consequences, what is your topic?

The interruption under section 99 StVG pauses an ongoing prison sentence and is tied to duties. 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

What is your concern about interrupting the prison sentence?

The interruption under section 99 StVG pauses a prison sentence that has already commenced, unlike the postponement under section 6 StVG, which applies before commencement. Choose what concerns you right now.

All paths at a glance

Overview of all answers.

01

The interruption under section 99 StVG concerns ongoing enforcement, the postponement under section 6 StVG the time before commencement.

Both instruments defer enforcement but apply at different points. The postponement under section 6 StVG comes into consideration before the sentence has commenced, for instance on important personal or economic grounds. The interruption under section 99 StVG, by contrast, concerns a prison sentence already commenced and pauses ongoing enforcement. Anyone not yet in custody therefore first considers the postponement; anyone already serving, the interruption.

What to do now: First, clarify whether the sentence has already commenced, because this determines the right route. Second, name the occasion; urgent personal, economic or health grounds come into consideration. Third, bear in mind that the interruption is a discretionary decision and not automatic.

In depth: pardon and interruption of a sentence →
02

The interruption under section 99 StVG is decided by the enforcement court; it is a discretionary decision.

The interruption of a prison sentence is not granted automatically; it requires a decision. Section 99 StVG is decisive. The enforcement court decides on the interruption and in particular on the question of non-crediting in the event of a breach. It is a discretionary decision that weighs the occasion against the security of enforcement. The law sets no fixed number of days here; what matters are the circumstances of the individual case.

What to do now: First, set out and substantiate the occasion for the interruption in a comprehensible way. Second, bear in mind that the grant lies within discretion and there is no entitlement to a particular duration. Third, obtain legal help early so that the application is soundly prepared.

In depth: pardon and interruption of a sentence →
03

The sentence must be resumed at the latest on expiry of the interruption granted (section 99 StVG).

The interruption is limited in time. Under section 99 StVG the convicted person must resume the sentence at the latest on expiry of the interruption granted. The resumption is therefore not a mere recommendation but a duty. Anyone who misses the date risks the time spent outside the institution not being credited to the term of the sentence. The period granted should therefore be recorded exactly and the resumption organised in good time.

What to do now: First, note exactly the expiry of the interruption granted, because it determines the resumption. Second, prepare the resumption in good time so that no day is lost. Third, in the event of unforeseen obstacles notify the enforcement court and the defence at once.

In depth: postponement of a prison sentence under section 6 StVG →
04

On revocation or late resumption the time spent outside is not credited to the term of the sentence.

Breaches have tangible consequences. If the interruption is revoked or the sentence resumed late, then under section 99 StVG the time spent outside the institution is not credited to the term of the sentence. The enforcement court decides on this non-crediting. In practice this means: the sentence is extended by the time not credited, and the benefit of the interruption can thus turn into its opposite. The conditions of the interruption must therefore be observed exactly.

What to do now: First, observe the conditions of the interruption exactly, above all the resumption date. Second, in the event of an imminent breach react at once and inform the enforcement court. Third, go through the consequences of non-crediting with the defence before taking any risk.

In depth: imprisonment at a glance →

The interruption under section 99 StVG: a pause in ongoing enforcement

The interruption of a prison sentence under section 99 StVG presupposes that the sentence has already commenced. It interrupts ongoing enforcement for a defined period during which the convicted person leaves the institution. In this it differs fundamentally from the postponement under section 6 StVG, which governs the time before commencement. Anyone already in custody can no longer use the postponement, but at most the interruption.

Urgent personal, economic or health grounds come into consideration as the occasion. However, the interruption is not automatic but a discretionary decision. It is to be weighed whether the asserted occasion justifies pausing enforcement and whether no security concerns stand in the way. The law sets no fixed number of days; what matters are the circumstances of the individual case.

The enforcement court decides on the interruption. It examines the occasion, sets the period and keeps the consequences of breaches in view. Anyone seeking an interruption should set out and substantiate the occasion in a comprehensible way, because the decision follows the court’s discretion and not a fixed entitlement to a particular duration.

Duty to resume and its consequences

The interruption is limited in time from the outset. Under section 99 StVG the convicted person must resume the sentence at the latest on expiry of the interruption granted. The resumption is thus a duty and not a mere possibility. The period granted forms the outer limit by which the return to the institution must take place.

If the interruption is revoked or the sentence resumed late, then the time spent outside the institution is not credited to the term of the sentence. This means that the sentence to be served is extended by that time. The enforcement court decides on the question of non-crediting. The original benefit of the interruption can thereby turn into its opposite.

From this connection follows a clear practical line: the expiry of the interruption is to be recorded exactly and the resumption organised in good time. If unforeseen obstacles arise, the enforcement court and the defence are to be notified at once, so that the situation can be clarified before non-crediting looms.

Interruption and postponement compared

Interruption under section 99 StVG and postponement under section 6 StVG

Both routes defer enforcement but apply at different points. The overview places the most important differences side by side.

Comparison of interruption (section 99 StVG) and postponement (section 6 StVG)
Feature Interruption (section 99 StVG) Postponement (section 6 StVG)
Point in time Reference point Sentence already commenced, ongoing enforcement Before commencement of the sentence
Effect What happens Ongoing enforcement is paused Commencement is deferred
Decision Jurisdiction Enforcement court, discretionary decision Under section 6 StVG, before commencement
Resumption Duty At the latest on expiry of the interruption Commencement after the end of the postponement
Breach Consequence Non-crediting of the time spent outside Revocation of the postponement possible

The choice between the two routes depends on whether the sentence has already commenced. Before commencement the postponement applies, in ongoing enforcement the interruption.

Application and preparation in practice

In practice the interruption stands or falls with the comprehensible presentation of the occasion. Since it is a discretionary decision of the enforcement court, what matters is to name and substantiate clearly the urgent personal, economic or health ground. A mere wish for a break does not suffice; the court weighs the occasion against the requirements of enforcement.

Equally important is realistic planning of the resumption. Already when filing the application it should be clear how the return to the institution will be ensured in good time. For the sentence must be resumed at the latest on expiry of the interruption, and a late resumption leads to non-crediting of the time spent outside.

Early legal help is advisable so that the application is soundly prepared and the risks are placed in context. Legal advice also helps to delimit the interruption from the postponement and to choose the right route, depending on whether the sentence has already commenced or is still pending.

Frequently asked questions

What people often ask about the interruption of a prison sentence.

What is the interruption of a prison sentence under section 99 StVG? +

The interruption under section 99 StVG pauses a prison sentence that has already commenced for a defined period. It concerns ongoing enforcement and thus differs from the postponement under section 6 StVG, which applies before commencement. The enforcement court decides on the interruption within the scope of its discretion.

How does the interruption differ from the postponement? +

The postponement under section 6 StVG defers commencement before the sentence has begun. The interruption under section 99 StVG, by contrast, presupposes that the sentence has already commenced and pauses ongoing enforcement. What matters for the choice is therefore whether the sentence has already commenced.

When must the sentence be resumed? +

Under section 99 StVG the sentence must be resumed at the latest on expiry of the interruption granted. The period granted forms the outer limit. The resumption is a duty, so the period granted should be recorded exactly and the resumption organised in good time.

What happens on late resumption or revocation? +

If the interruption is revoked or the sentence resumed late, then the time spent outside the institution is not credited to the term of the sentence. The enforcement court decides on the non-crediting. The sentence to be served is thereby extended by the time not credited.

Who decides on the interruption? +

The enforcement court decides on the interruption of a prison sentence. It is a discretionary decision that weighs the asserted occasion against the requirements of enforcement. There is no fixed entitlement to a particular duration; what matters are the circumstances of the individual case.

In depth

Further topics on imprisonment

Pardon and interruption of a sentence

The focus page on routes of clemency and on the interruption of enforcement.

Postponement of a prison sentence under section 6 StVG

The journal post on deferring commencement before the start of custody.

Legal remedies and complaints in prison enforcement

How decisions in prison enforcement can be challenged and what matters in the process.

Imprisonment at a glance

The focus page on enforcement, relaxations and rights in imprisonment.

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