How clothes, documents, money, data carriers and property are organised at sentence start or in prison.
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.
Sentence start is not only about the date and health issues. Clothes, documents, keys, cash, phones, data carriers and other belongings must also be organised so that evidence, deadlines and property questions are not lost later.
This article separates personal belongings from daily necessities, house money and personal funds. The focus is custody, return to relatives, documentation and legal protection if something is missing or refused.
The assessment separates bringing items, custody, return and complaint.
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Choose the area that creates the greatest practical pressure.
Before sentence start, important items should be separated: ID, keys, bank documents, medication, devices, data carriers and documents for running deadlines. Items not needed should be handed over to a trusted person in an organised way.
If relatives are to take over belongings, the information must be clear: which items, who collects them, which power of attorney or confirmation exists and which office coordinates the process.
If property is missing, damaged or return is refused, the first step is to reconstruct the sequence. Then an application, file inspection or complaint in prison enforcement can be assessed.
Personal belongings are not automatically freely available. Prison practice distinguishes between items that may be kept, items kept in custody, daily necessities, house money and personal funds. The exact handling depends on the StVG, prison order, security and house rules.
This distinction matters in practice. Money questions need different documents than the return of keys, documents or data carriers. Every inquiry should therefore start with a precise item list.
At admission, transfer or release, it should be documented which items were accepted, kept, handed out or returned to relatives. Receipts, lists and written confirmations are more important than memory.
If relatives are to receive belongings, the person should be clearly identified. A short authority, ID copy and exact description of the items can avoid misunderstandings. For data carriers and phones, it must also be checked whether case relevant data may be affected.
A common mistake is to deal with personal items only weeks later. By then, proof, contacts or precise memory are often missing. It is also risky to send relatives to collect items without clear authority or list.
Mixing the issue with ongoing proceedings can also be problematic. If a phone, data carrier or document may matter as evidence, legal review should take place before return is arranged.
First reconstruct when the item was last present, who took it over and which confirmation exists. Then it can be checked whether a written application to the prison, file inspection or a complaint under § 120 StVG is the right path.
The application should not speak generally about poor treatment. It should state which item is affected, what outcome is sought and what evidence exists.
The table links typical concerns with the first evidence route.
| Point | What matters | Practical effect |
|---|---|---|
| Bringing items Bringing items | What may be kept in prison? | Prepare list and prior inquiry |
| Custody Custody | What is taken into prison custody? | Secure custody list and confirmation |
| Return Return | Who may receive belongings? | Prepare authority and precise item description |
| Complaint Complaint | What is missing or refused? | Document sequence, evidence and complaint goal |
Important: For personal belongings, documentation matters. A precise list before sentence start is often better than a later search for memories, proof and responsibilities.
That depends on the item, responsibility and authority. In practice, the items must be described clearly and a power of attorney or other confirmation is often needed.
House money and personal funds concern money management in prison. Personal belongings concern items such as clothes, keys, documents or devices.
If the sequence is documented and a concrete decision or omission exists, legal protection in prison enforcement can be assessed.
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.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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