Health reasons must concern the actual custody.
Current findings and daily custody matter more than a diagnosis name. In 9 Bs 49/26h of 6 March 2026, the Higher Regional Court of Linz examined fitness for custody and the evidential basis.
Imprisonment
Postponement after imprisonment has begun under section 133
Postponement after imprisonment has begun: health reasons, exceptional hardship, evidence and remedies.
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Mag. Christopher Angerer, Rechtsanwalt
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28 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
A request after reporting must fit the actual situation in custody.
Health, personal hardship and remedies each require their own evidence.
Postponement during imprisonment
Postponement after imprisonment has begun under section 133
After reporting, this is not ordinary postponement before custody. The legal basis, current custody and evidence matter.
Please leave your contact details. We reply within one working day. If detention or a short deadline is involved, please also call us.
What is decisive in your postponement request?
Distinguish a request after reporting from postponement before reporting.
All paths at a glance
Overview of all answers.
Fitness for custody and records →
Exceptional reasons require a chronology.
State duration, concrete hardship and evidence. General family pressure does not automatically justify postponement.
After refusal, review the decision and remedy immediately.
23 Bs 82/26s of 20 March 2026 considered a request under section 133(2). The decision, service and evidence in the individual case remain decisive.
Section 133 is not postponement before reporting
Section 133 is not postponement before reporting
Before reporting and after custody begins are different situations. A person already imprisoned must explain the current custody and concrete change.
Clarify the provision, decision-maker and fact that arose after reporting or can now be proved.
Medical findings, daily custody and exceptional reasons
Medical findings, daily custody and exceptional reasons
For health, assess findings, treatment, medication and limitations in custody.
For personal reasons, prepare a documented chronology and separate observations from medical assessments.
Reading the decision and remedy
Reading the decision and remedy
Check provision, facts, evidence and whether current custody was considered.
A remedy must identify concrete errors and link new records to the request.
Review path
What belongs on the table first
Review legal basis, evidence and current custody separately.
| Point | Question | Evidence |
|---|---|---|
| Basis Which provision and stage? | Request, decision, file | |
| Health What is impossible in custody? | Findings, treatment, medication | |
| Hardship Which exceptional situation? | Chronology, records | |
| Remedy Why was it refused? | Decision, service |
The result depends on the individual file and evidence.
Important: Postponement after reporting is not a general way to interrupt custody without a specific basis.
Frequently asked questions
Common questions about postponement after reporting.
Is section 133 the same as postponement before reporting? +
No. Current custody is decisive.
Is a diagnosis alone enough? +
Usually not. The effect in custody and treatment options matter.
Do family reasons automatically justify postponement? +
No. Concrete hardship and evidence are required.
Which records matter? +
The request, decision, service, medical records and attachments.
Further reading
Related postponement and legal-protection topics
Topics
postponementsection 133 Prison Actprison lawhealthlegal protection
Arrest? Detention? Warrant?
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.
Contact
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152