Indictment filed
Check Section 175(5) StPO. The next step is to order documents and chronology specifically, rather than referring to the situation in general.
Pre-trial detention
Pre-trial detention after indictment: review under Section 175(5) StPO
After indictment, further detention hearings are scheduled on application under Section 175(5) StPO.
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After the indictment reaches the court, pre-trial detention does not simply continue in the previous rhythm. Section 175(5) StPO changes the mechanism: a further detention hearing is scheduled only upon application by the accused.
This is not a general overview of detention review and not a repetition of the detention hearing guide. It addresses the specific break after indictment and the choice between review application, release application and trial preparation.
Indictment stage
Which application makes sense after indictment?
After indictment, an active decision is needed: oral review, release application or another step.
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What has changed since the last detention decision?
After indictment, an active decision is needed: oral review, release application or another step.
All paths at a glance
Overview of all answers.
New evidence
Reassess detention ground. The next step is to order documents and chronology specifically, rather than referring to the situation in general.
Trial is near
Check proportionality. The next step is to order documents and chronology specifically, rather than referring to the situation in general.
No change
Do not force a step. The next step is to order documents and chronology specifically, rather than referring to the situation in general.
The indictment is a break for detention review
The indictment is a break for detention review
Section 175(5) StPO provides that, once the indictment has reached the court, the effect of the last continuation order no longer follows the previous periodic hearing mechanism. A further detention hearing is scheduled only upon application.
This does not mean detention runs without control. It means the defence must actively trigger and justify the next oral review.
Review, release application or trial preparation
Review, release application or trial preparation
Not every case needs the same step. If new exonerating circumstances exist, a review application may be useful. If the detention requirements have fallen away altogether, a release application may be clearer.
If trial is close, strategy must also consider the evidence and proportionality until that date. Generic applications without new arguments can be weak.
Do not confuse this with general detention review
Do not confuse this with general detention review
The general article on review and appeal explains the tools. This article concerns only the stage after indictment. The core is the changed application situation.
Pre-trial detention after first-instance conviction is a later special case. The indictment stage comes before that and needs its own deadline and strategy work.
Application track
Which track to check after indictment
The overview helps separate this specialist topic from existing core content.
| Situation | Possible step | Check |
|---|---|---|
| New defence evidence New defence evidence | apply for review | change since last order |
| Ground gone Ground gone | release application | detention requirements |
| Trial soon Trial soon | trial strategy | proportionality |
| Delay Delay | expedition issue | progress of proceedings |
Section 175(5) StPO changes the mechanism but does not remove proportionality review.
Important: After indictment, do not rely on an automatic next detention hearing. The application track must be checked actively.
FAQ
Questions affected persons and families often ask
Is there an automatic detention hearing after indictment? +
Under Section 175(5) StPO, after the indictment reaches the court, a further detention hearing is scheduled only upon application by the accused.
Is a release application the same as detention review? +
No. The routes can overlap, but their focus differs. Strategy depends on the file, detention ground and new evidence.
Does the duty of expedition still matter? +
Yes. Proportionality and progress of the proceedings remain relevant after indictment.
In depth
Further topics on haftrecht.at
Pre-trial detention overview
The topic page on requirements, detention review and remedies.
Detention hearing
Further article with practical separation from the current topic.
Detention review and appeal
Further article with practical separation from the current topic.
Release application
Further article with practical separation from the current topic.
Duty of expedition
Further article with practical separation from the current topic.
Pre-trial detention after first-instance conviction
Further article with practical separation from the current topic.
Topics
pretrial-detentionindictmentsection-175-stpodetention-reviewapplication
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