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.
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Non-crediting of prison time: competence, decision and complaint in Austria
Non-crediting under draft section 99 Prison Act: competence of the first-instance prison authority and practical complaint review.
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Mag. Christopher Angerer, Rechtsanwalt
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28 June 2026 · Mag. Christopher Angerer, Rechtsanwalt
Section 99 para 6 concerns non-crediting of time during interruption or time spent outside the sentence. The draft assigns competence to the first-instance prison authority.
This article complements the overview of the Prison Law Amendment 2026 in Austria.
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 the draft provides
What the draft provides
Section 99 para 6 concerns non-crediting of time during interruption or time spent outside the sentence. The draft assigns competence to the first-instance prison authority.
Unclear sentence calculation can affect release, prison leave and conditional release. Decision, period, reason for absence and remedy information must be checked carefully.
Why the distinction matters
Why the distinction matters
The draft is not yet binding law. Current applications are therefore governed by current law. The draft still indicates which documents and arguments should be prepared.
General statements rarely help in prison enforcement. File status, competence, timing and the specific interference are decisive.
Useful next steps
Useful next steps
Keep the decision, service date, file number and supporting evidence. Then assess whether an application, supplement or complaint is the correct route.
Where deadlines apply, do not wait for a later amendment. Current law remains decisive until enacted changes are published.
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 change already apply? +
No. It is in the ministerial draft and is not yet binding law.
Why is the consultation deadline important? +
Comments can be submitted until 5 August 2026. The text may still change afterwards.
What should be done in an ongoing case? +
Review the concrete act and current law. The draft may provide arguments but does not replace deadline checks.
Topics
strafzeitnichteinrechnungparagraph-99-stvgbeschwerdestrafvollzugsnovelle-2026
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