Own clothing and personal items in Austrian pre-trial detention: cleaning, personal cost, permitted routes and limits under section 186.
Mag. Christopher Angerer, Rechtsanwalt
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In pre-trial detention, an accused person may wear own clothing if regular cleaning is secured. Personal items, services and other amenities may be obtained at the person’s own cost if the purpose of detention, security and institutional order remain protected.
Section 186 of the Austrian Code of Criminal Procedure separates two questions: own clothing and personal items. A reliable assessment records the item, cleaning or purchase route, cost and concrete reason for any restriction separately.
Separate own clothing, personal items, missing replacement clothing and restrictions.
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This selection does not replace an individual assessment. It helps organise the facts for an initial review.
Section 186(1) of the Austrian Code of Criminal Procedure permits own clothing if it can be cleaned regularly in the institution or through arrangements made by the institution. Record the item, quantity, material and proposed cleaning route. The institution’s specific rule and any security reason should be assessed separately.
Under section 186(2), an accused person in detention may obtain personal items, services and other amenities at their own cost. This is subject to the purpose of detention, security, institutional order and the protection of fellow detainees. Describe the item and the intended way of obtaining it.
If a detained accused person has no suitable clothing, section 186(1) requires clothing to be made available for court hearings, escorts and transfers on public transport. Record the occasion, date or transfer, existing clothing and the time by which the clothing is needed.
The assessment depends on the item, the stated reason and the practical effect. Section 186(2) refers to the purpose of detention, security, serious disruption of order and harassment of fellow detainees. Keep the institution’s explanation and state which clothing or item should be permitted and by what route.
Section 186 of the Austrian Code of Criminal Procedure applies to accused persons who are detained. Subsection 1 addresses own clothing. It may be worn if regular cleaning is possible in the institution or can be arranged outside the institution through the institution. The right to use own clothing is therefore linked to a workable cleaning arrangement.
Subsection 2 addresses personal items, services and other amenities. They may be obtained at the person’s own cost. The limit is reached where the purpose of detention, security, institutional order or the interests of fellow detainees are affected. The item, purpose and proposed purchase route therefore matter in every individual case.
Section 186(1) requires regular cleaning in the institution or through an arrangement made by the institution. For the practical review, record the clothing, quantity, material and cleaning route. The provision does not create an unrestricted entitlement to every private garment.
Anyone wishing to bring clothing through relatives should clarify the handover and cleaning arrangements first. If the institution refuses an item, record the precise reason and any proposed alternative. That information makes the next review concrete.
If a detained accused person has no suitable clothing, section 186(1) requires clothing to be made available for court hearings, escorts and transfers on public transport. The provision is tied to the particular occasion. Record the hearing, escort or transfer and the time by which clothing is needed.
A short list is useful: Which clothing is missing, for what occasion is it needed and why is existing clothing unsuitable? This gives the institution a concrete basis for arranging the clothing and keeps the request focused on the statutory situation.
Personal items are everyday items for the person in detention. Section 186(2) also refers to services and other amenities. The provision permits acquisition at own cost, subject to the purpose of detention and the institutional limits. Having money available does not by itself answer whether a particular item may be obtained through a particular route.
Keep three issues separate: the item, the route and the funding. Clarify whether it must be obtained through the institution, whether an institutional arrangement is available and which information is needed. A safe alternative can often be assessed more easily when the practical purpose is described precisely.
Section 186 asks different questions for the two areas.
| Issue | Legal point | First information |
|---|---|---|
| Own clothing Section 186(1) | Item, quantity and cleaning | |
| Missing suitable clothing Section 186(1) | Court, escort or transfer | |
| Personal item Section 186(2) | Item, purpose and purchase route | |
| Own cost Section 186(2) | Funding and institutional process | |
| Restriction Section 186(2) | Reason, effect and alternative |
The concrete result depends on the facts and the institution’s reasons. This article does not replace an individual assessment.
Section 186(2) identifies four areas for the assessment: the purpose of detention, security, serious disruption of institutional order and harassment of fellow detainees. These criteria explain why an item of personal importance may be restricted. They also show why the reason should relate to the item and the specific situation.
When an item is restricted, record more than the result. Keep the date, the person who gave the information, the stated reason and any alternative offered. Clothing also requires a separate review of regular cleaning. This keeps the different legal questions visible.
A useful enquiry identifies the clothing or personal item precisely. For clothing, include quantity, material and cleaning. For a personal item, add its practical purpose, intended route and funding. For a hearing or transfer, include the occasion and required date.
Keep the application, response and attachments together. If the response is oral, record the date, contact person and content immediately. Clear documents help legal counsel assess the issue and distinguish the statutory question from general dissatisfaction with daily detention conditions.
Section 186 concerns accused persons in pre-trial detention. After a final conviction, sentenced imprisonment is governed by separate provisions of the Prison Act. Daily questions about clothing and personal belongings may look similar, but the legal assessment cannot simply be transferred from one type of detention to the other.
The procedural status is therefore the first fact to record: is the person in pre-trial detention or serving a sentence? Our article on pre-trial detention in Austria explains the broader framework.
Important: The concrete item, purpose of detention, security or order reason and the institution’s response all matter. Legal counsel can also assess whether another purchase route or a suitable alternative should be considered.
Yes. Section 186(1) permits own clothing if it can be cleaned regularly in the institution or through arrangements made by the institution. The clothing and cleaning route must be assessed in the individual case.
If no suitable clothing is available, section 186(1) requires clothing for court hearings, escorts and transfers on public transport. The occasion and required date should be communicated early.
Section 186(2) permits acquisition at own cost. The purpose of detention, security, institutional order and the interests of fellow detainees must remain protected.
Yes. Keep the item, date, stated reason and any proposed alternative. This supports a later review under the statutory limits and the facts of the case.
Section 186 concerns pre-trial detention. Sentenced imprisonment after a final conviction is governed by separate provisions of the Austrian Prison Act. The procedural status must therefore be clarified first.
Basic rules, detention review and key procedural steps.
How duration and purpose affect continued detention.
An overview of less restrictive measures.
What to examine when proceedings are delayed.
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