Own books, newspapers and magazines in Austrian prison: access, ordering through the prison, withholding individual issues and removal of newspapers under section 60 StVG.
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.
Section 60 StVG gives prisoners a legally limited route to own books, newspapers and magazines. Books may be obtained at the prisoner's own cost for education or entertainment. Newspapers and magazines must be obtained through the prison. Individual issues or parts may be withheld or made illegible where a specific statutory risk is present.
The assessment depends on the publication, the ordering route and the measure taken. This article concerns access to books, newspapers and magazines under section 60 StVG. Correspondence, general education rights and personal notes require a separate review.
Choose the question that best describes your situation. You will receive the main review points for the next step.
Would you like to describe your situation? Go straight to the enquiry form.
Section 60 StVG distinguishes between own books, obtaining newspapers or magazines and withholding individual issues.
Section 60(1) StVG allows prisoners to obtain books at their own cost for education or entertainment. For books serving education, funds may also be used that would otherwise not be available for obtaining services in prison. The limit remains whether the book creates a risk to prison security or order or to the educational purpose of the sentence.
Newspapers and magazines have their own ordering route. Section 60(2) StVG provides that they may be obtained exclusively through the prison. A request should therefore identify the newspaper or magazine, the period and the specific issue. The institutional ordering route must be kept separate from the later review of individual content.
Under section 60(2) StVG, the prison must withhold individual issues or parts of them, or make them illegible in an economically appropriate manner, where a risk of the kind described in subsection 1 is to be feared. The issue, the affected part, the stated reason and the measure chosen are therefore central. A general statement about the publication does not replace this individual review.
Section 60(2) StVG contains a specific rule for newspapers. Once a newspaper has been handed to a prisoner, it must be left for at least one week and then removed. On removal, ownership passes to the federal government. For a review, record the handover, the period during which the newspaper was kept and the date of removal.
Section 60(1) StVG covers books, newspapers and magazines used by prisoners for education or entertainment. Books may be obtained at the prisoner's own cost. A prisoner may keep a newspaper or magazine where there is no reason to fear a risk to prison security or order or to the educational purpose of the sentence.
Access is therefore linked to both the publication and the prison context. Naming only the title is not enough for a clear review. The purpose of use, the specific issue and the risk relied on by the prison may all matter.
An own book may support education or entertainment. Section 60(1) StVG permits purchase at the prisoner's own cost. For a book serving education, funds may also be used that would otherwise not be available for obtaining services in prison. The educational purpose can therefore matter for the funding question.
The purchase remains subject to the prison limits. The review asks whether the particular book creates a risk to security or order or to the educational purpose of the sentence. A precise request should identify the title, author, edition, purpose and proposed way of obtaining it.
Section 60(2) StVG provides a special ordering route for newspapers and magazines. They must be obtained exclusively through the prison. The prisoner should therefore identify the publication and the issue or period precisely and submit the request through the route provided by the prison.
The ordering route and content review are separate questions. Even when an issue is ordered through the prison, an individual issue or part may be withheld or made illegible because of a risk covered by section 60(1). The stated reasons should therefore be connected to the particular issue.
Section 60 StVG attaches different consequences to the medium, ordering route and measure.
| Issue | Legal point | First information |
|---|---|---|
| Own book Education or entertainment, purchase at own cost | Title, author, purpose and payment | |
| Educational book Special rule on funds for educational books | Educational purpose and concrete need | |
| Newspaper or magazine Obtained exclusively through the prison | Publication, issue and period | |
| Individual issue Withholding or economically appropriate obscuring where a risk exists | Affected part and stated reason | |
| Handed-over newspaper Left for at least one week, then removed | Handover and removal dates |
The lawfulness of a specific measure depends on the issue, the reasons given and the circumstances of imprisonment.
Under section 60(2) StVG, the prison must withhold an individual issue or part of a newspaper or magazine where a risk of the kind described in subsection 1 is to be feared. The provision therefore focuses on an issue or part. A review should show which passage or component is concerned.
The provision also allows parts to be made illegible in a way that respects economic efficiency. This measure is different from withholding the complete issue. Record whether the issue was not handed over, whether only a part was obscured or whether it was first handed over and later removed.
A newspaper handed to a prisoner must be left for at least one week and then removed under section 60(2) StVG. The minimum period starts with the handover. The handover date and the later removal date are therefore central to the review.
On removal, ownership passes to the federal government. This consequence must be distinguished from the question whether an issue was withheld or partly obscured before handover because of a statutory risk. The two events should be documented separately.
For an enquiry or later legal review, identify the publication precisely. For a book, state title, author, edition and purpose. For a newspaper or magazine, add the institutional ordering route, period and issue. For withholding, also keep the notice, affected part and reason given.
Secure the prison decision or information with its date. For a handed-over newspaper, record the handover and removal. The appropriate legal remedy must then be assessed from the concrete measure and its reasons. The related article on legal remedies and complaints in prison enforcement explains the general review framework.
Important: Always describe the specific issue and the specific measure. The name of a publication alone does not show why an issue was ordered, withheld or partly obscured.
Yes. Section 60(1) StVG allows books for education or entertainment to be obtained at the prisoner's own cost, provided there is no risk to prison security or order or to the educational purpose of the sentence.
Newspapers and magazines must be obtained exclusively through the prison under section 60(2) StVG. The publication, issue and period should be identified precisely.
Yes. An individual issue or part may be withheld or made illegible in an economically appropriate manner where a risk of the kind described in section 60(1) is to be feared. The issue and reasons must be reviewed.
Section 60(2) StVG requires a handed-over newspaper to be left for at least one week and then removed. On removal, ownership passes to the federal government. This special rule is stated for newspapers.
Keep the publication and issue, the part withheld or obscured, the stated reason, the date and the form of notice. For a newspaper, also record the handover and removal dates.
Subscribe to legal news: Receive new articles and legal information from the firm through BRANDaktuellen Rechtsnews.
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.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152