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Open prison regime under Section 126 StVG: when relaxed detention may be possible

Open or relaxed prison regime in Austria: Section 126 StVG, work release, training, treatment and practical request.

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Mag. Christopher Angerer, Rechtsanwalt

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11 July 2026 · Mag. Christopher Angerer, Rechtsanwalt

The open or relaxed prison regime under Section 126 StVG is not merely a privilege. It is a regulated step towards reintegration.

A request should connect to the enforcement plan. Employer, course place, therapy placement, return times and stable outside contacts are stronger than a general wish for relaxation. For work release, the prisoner’s consent is required.

Quick initial assessment

Which steps may now be appropriate

This decision tree does not replace case-specific advice. It helps structure the situation and prepare the key documents for a discussion.

You already know you want to send a request? Go directly to the contact form.

01 Question 1

Which question about the relaxed prison regime is most urgent?

Choose the situation that fits best. You will then see which documents and steps matter first.

All paths at a glance

Overview of all answers.

01

Check the legal basis.

Section 126 StVG concerns prisoners serving determinate prison sentences. The relaxed regime requires suitable facilities and the expectation that relaxations will not be abused. The law lists open rooms or gates during the day, work with reduced supervision, training, outpatient treatment, leave and work release.

02

Prepare documents.

A request should connect to the enforcement plan. Employer, course place, therapy placement, return times and stable outside contacts are stronger than a general wish for relaxation. For work release, the prisoner’s consent is required.

03

Refusal or next steps.

After refusal, the reasons matter. If conduct, lack of facilities, unclear work or abuse forecast are at issue, the new request must improve exactly there.

Legal basis and limits

Section 126 StVG concerns prisoners serving determinate prison sentences. The relaxed regime requires suitable facilities and the expectation that relaxations will not be abused. The law lists open rooms or gates during the day, work with reduced supervision, training, outpatient treatment, leave and work release.

In practice, the request should be short, documented and tailored to the concrete purpose. General wording weakens the submission.

Which documents support the request

A request should connect to the enforcement plan. Employer, course place, therapy placement, return times and stable outside contacts are stronger than a general wish for relaxation. For work release, the prisoner’s consent is required.

In practice, the request should be short, documented and tailored to the concrete purpose. General wording weakens the submission.

What matters after refusal or change

After refusal, the reasons matter. If conduct, lack of facilities, unclear work or abuse forecast are at issue, the new request must improve exactly there.

In practice, the request should be short, documented and tailored to the concrete purpose. General wording weakens the submission.

Overview

The relaxed prison regime at a glance

The overview shows which points should be checked separately before filing a request.

Section 126 StVG
Point Practical meaning
Work Work Reduced or removed supervision
Work release Work release Work outside without supervision
Training Training Vocational training, further training or treatment
Leave Leave One or two leaves per month
The decisive point is not the loudest demand, but the well documented link between law, purpose and the concrete situation.
Frequently asked questions

What affected persons often want to know

Is a written request necessary? +
A written request is usually safer because it fixes the purpose, documents and date. In urgent cases, phone contact can support it but should not replace documentation.
Which documents matter most? +
That depends on the topic. The key rule is that every factual claim should be supported by a record, confirmation or other verifiable document.
What should be done after refusal? +
First read the reasons. Then decide whether a remedy or a better documented new request is the stronger route.
Topics
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