What to do after missing the date to start a prison sentence in Austria, with focus on evidence, contact and damage control.
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for detention and deprivation of liberty
When someone is in custody, every hour counts. One lawyer who accompanies you personally, from the detention review hearing to release.
If the date for starting a prison sentence has been missed, waiting is usually the worst option. The sentence remains open and the authorities may move from a summons to enforcement measures. The immediate task is to understand the document, secure evidence and restore reliable contact.
This post is not a general guide to starting a sentence. It deals with the crisis after the date has already been missed: wrong understanding of the summons, illness, a family emergency or simple silence and the question of what can still be done in an orderly way.
The decision tree separates service issues, illness, family emergencies and lack of response.
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The assessment depends on whether there is a documented obstacle or only a failure to respond.
The first step is to identify what the summons actually required and how it was served. A mistake matters only if it can be explained in a credible and documented way.
Keep the summons, envelope, service information and every previous message. Then contact should be restored before further enforcement steps follow.
Illness does not automatically replace the duty to start the sentence. It may explain why the date could not be met and whether health-related issues under the Prison Act need to be assessed separately.
Useful evidence includes medical reports, hospital confirmations and a clear explanation why the exact date could not be kept.
Family emergencies must be concrete. The decisive points are the occasion, duration, evidence and whether timely notice would still have been possible.
General statements about family problems rarely help. Documents and a realistic plan for starting the sentence in an orderly way are more useful.
If there is no documented reason, fast damage control matters. Further disappearance worsens the situation.
The open sentence will not disappear. A structured contact through counsel with documents and a realistic plan is usually the safer route.
After a missed reporting date the file history must be reconstructed. Which summons existed, when was it served, which authority was named and what exactly was missed? Without that basis no mistake or obstacle can be assessed seriously.
At the same time the person should remain reachable. Ignoring an open summons risks a worse position. A short, documented and factual message is usually better than a long explanation without evidence.
A missed date does not make postponement easier. Section 6 StVG concerns certain personal, economic or social reasons before the start of imprisonment. Section 5 StVG concerns unfitness for imprisonment on health grounds. These routes must be assessed separately.
If the reason is raised only afterwards, timely evidence becomes especially important. Medical documents, hospital confirmations or official papers should show the concrete obstacle on the reporting date.
The overview shows which evidence should be ordered first in each situation.
| Situation | What to secure? | Why it matters |
|---|---|---|
| Service Service | Summons, envelope, service proof | Basis for checking the date |
| Illness Illness | Report, hospital confirmation, medication list | Documents the obstacle |
| Emergency Emergency | Confirmation, date, contact person | Makes the explanation credible |
| Contact Contact | Authority, counsel, reachability | Avoids further silence |
A later explanation does not replace prompt action. The closer the evidence is to the missed date, the better the assessment.
This post concerns a prison sentence that has not yet been started. The situation differs when a person was already in prison and did not return from prison leave. That leads to different prison-law consequences and different documentation.
Substitute imprisonment for fines and administrative detention also follow their own rules. The first question is therefore which sentence is to be enforced and which authority is responsible.
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That depends on the reason and the evidence. A mistake, illness or emergency must be concrete and credible. Without prompt action the position usually becomes more difficult.
Remaining silent is usually risky. A structured contact with documents and a clear explanation is better. If unsure, the content of the message should be reviewed first.
That cannot be promised in general. Postponement under section 6 StVG or review under section 5 StVG requires its own conditions and reliable evidence.
When liberty is at stake, every hour counts. Call us directly or send an email, callback within one business day. In urgent cases, we are also available outside office hours.
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