Check the draft but do not ignore current law.
The 2026 Prison Law Amendment is currently a ministerial draft. Ongoing cases are still governed by current law. The draft can nevertheless show which arguments and documents should be prepared now.
Imprisonment
Multiple prison sentences in Austria: which sentence is enforced first
Multiple prison sentences, default imprisonment and sentence blocks: what draft section 1 item 5 of the Austrian Prison Act would change.
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Mag. Christopher Angerer, Rechtsanwalt
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27 June 2026 · Mag. Christopher Angerer, Rechtsanwalt
When several prison sentences meet, the enforcement order affects sentence calculation, planning and possible applications. The Ministry draft would define section 1 item 5 of the Austrian Prison Act more precisely and link the sentence block to section 46 para 5 of the Criminal Code.
This article does not repeat the general overview of the 2026 Prison Law Amendment. It focuses on the practical question which sentence comes first.
Quick assessment
Which prison enforcement issue fits your case?
The draft does not replace review of the specific act. This selection helps organise documents and the correct review path.
Already know that you want to send an inquiry? Go directly to the form.
What is the main issue?
Choose the situation that is closest to your case.
All paths at a glance
Overview of all answers.
Secure the current act and clarify the legal basis.
If a prison, enforcement court or authority has already issued a decision, the concrete content comes first. Keep the decision, notice, service date and all supporting documents.
Separate deadline, competence and goal of the complaint.
Legal protection in prison enforcement depends on who decided and which measure is involved. A complaint should address the decisive reasoning and not merely express general dissatisfaction.
What draft section 1 item 5 would regulate
What draft section 1 item 5 would regulate
The draft defines sentence time more precisely and expressly refers to a sentence block under section 46 para 5 of the Criminal Code. Prison sentences should be enforced before default imprisonment. Otherwise, the order should follow the arrival of enforcement orders at the prison.
If several orders arrive at the same time, the prison sentence that became final first should be enforced first. Where enforcement by another state is possible, shorter prison sentences may come before longer ones.
Why the order matters
Why the order matters
The order affects applications, prison leave planning and conditional release. Relatives often see only several file numbers. The prison looks at the arrival of enforcement orders.
Where there is an international element, enforcement abroad must also be assessed. That review can change the order and should happen early.
Documents needed
Documents needed
A reliable review requires judgments, finality confirmations, enforcement orders and information on default imprisonment. The arrival date at the prison is important.
For cross-border cases, add documents on residence, nationality and possible enforcement channels. Written clarification is better than an oral explanation.
Important: The Ministry of Justice text dated 24 June 2026 is a ministerial draft. The consultation period ends on 5 August 2026. This article therefore distinguishes between current law and the proposed change.
Frequently asked questions
What affected people should know now
Does the new order already apply? +
No. It is in the ministerial draft. Current law applies until enactment and publication.
Would a prison sentence come before default imprisonment? +
The draft expressly states this basic rule. It does not abolish default imprisonment.
Why can a shorter sentence come first? +
Where enforcement abroad is possible, the draft aims to keep that route practically available.
Topics
strafzeitstrafblockersatzfreiheitsstrafestvgstrafvollzugsnovelle-2026
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