haftrecht.at
Imprisonment

Time limits for prison disciplinary allegations in Austria

Old disciplinary allegations in prison: examine the one-year and three-year limits, prosecution steps and excluded periods under § 107 StVG.

Your personal attorney

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.

5 November 2026. Mag. Christopher Angerer, Rechtsanwalt

An old disciplinary allegation may be time-barred. For prison disciplinary offences, § 107 Abs 4 StVG refers to §§ 31 and 32 VStG, which bar prosecution after one year if no timely prosecution step occurs. Liability to punishment also generally expires after three years, excluding specified statutory periods from the calculation.

The case file therefore determines the next defence steps for prisoners and their families. The relevant questions are when the alleged conduct ended, what the first qualifying official action was, and whether any parallel proceedings exist. The date on which you first learned about the allegation does not resolve the limitation issue by itself.

All routes at a glance

Which timing issue affects your allegation?

This guide does not calculate a deadline. It identifies the records needed for an assessment.

Would you like to discuss your documents? Go directly to the enquiry form.

01 Question 1

What is currently unclear?

This guide does not calculate a deadline. It identifies the records needed for an assessment.

All routes at a glance

Which situation applies?

01

Examine the one-year prosecution period

Keep the alleged offence dates and the first official steps against the accused person. Their content matters, not just when you learned about the allegation.

02

Examine the three-year period and all exclusions

Identify the starting point and any parallel proceedings or suspensions. Three elapsed calendar years alone do not allow a reliable conclusion.

03

Secure the decision and the remedy deadline

Keep the decision, the oral announcement date and proof of service. Obtain prompt advice on the available remedy and whether enforcement needs a separate challenge.

One year for prosecution, three years for liability to punishment

If no prosecution step is taken against the person within one year, the prosecution limit in § 31 Abs 1 VStG applies. A timely step may allow prosecution to continue even if the decision comes later, and the authority does not necessarily have to impose a disciplinary penalty during that first year.

The limit in § 31 Abs 2 VStG establishes a separate barrier. Liability to punishment expires after three years unless statutory excluded periods result in a later expiry date. A timely prosecution step neither removes this limit nor allows proceedings to continue indefinitely.

The starting point depends on when the conduct ended

Both periods begin with the completion of the punishable activity or the end of the punishable conduct. Should a consequence forming part of the offence occur later, the period starts at that time. Consequently, the date of a report to the prison governor or of later discovery is not a general substitute for the end of the conduct.

A report may help establish the relevant time for a single incident. If continuing conduct is alleged, one must establish its end separately. An imprecise allegation period can affect the assessment. Therefore, the first task is to identify the specific allegation and its time boundaries from the file.

What counts as a prosecution step?

§ 32 Abs 2 VStG requires an authority to take official action directed against a specific person as an accused person. The statute lists examples such as a summons, questioning, a request for questioning, and a penalty order. The question remains whether the particular action pursues the relevant allegation against that person. Calling a document an investigation record or file note does not settle this issue.

A prosecution step may count even if the authority lacked competence, the action failed to achieve its purpose, or the accused person never learned of it. Conversely, a purely internal note recording an incident does not automatically qualify as a step. Assess the action based on its content, its direction against the accused person, and its timing, not merely on the date appearing on a document.

Which periods are excluded from the three-year calculation?

§ 31 Abs 2 VStG excludes periods when a statutory rule prevents prosecution from starting or continuing. It also excludes periods of criminal or administrative penal proceedings concerning the same act against the same offender before a public prosecutor, a court or another administrative authority. The provision further excludes periods of suspension pending a final decision on a preliminary issue. Finally, it excludes proceedings before VwGH, VfGH or the Court of Justice of the European Union. Each claimed exclusion requires an applicable legal basis and a documented period.

To establish parallel proceedings, one must confirm the same act, the same person concerned, and the start and end dates of the proceedings. Merely referencing a complaint to the authorities does not answer these questions. Ordinary inactivity or workload at the prison authority does not, by itself, constitute one of these exclusions. Furthermore, the exclusions in Abs 2 may not simply be transferred to the one-year prosecution period in Abs 1.

Enforcing an existing penalty is a separate issue

The prosecution and liability limits determine whether the allegation can lawfully be punished. Once a final decision imposes a penalty, enforcement raises an additional issue. § 31 Abs 3 VStG contains a separate rule, and one must also consider special prison law provisions. § 116 Abs 6 StVG generally requires the enforcement of penalties without delay.

Therefore, one must not treat a reference to six months as a general prosecution limit for a disciplinary allegation. Similarly, a late start to enforcement does not itself establish that the original allegation was time-barred. The defence must first identify whether it challenges the imposition of the penalty or its subsequent enforcement.

Building a limitation argument from the case file

For legal assessment, construct a chronology that arranges the alleged offence period, the end of the conduct, and any later consequence forming part of the offence in order. Include every possible prosecution step with its date and content, along with documents on parallel proceedings or suspensions, and distinguish dates established by documents from information provided only orally.

This chronology helps assess a specific request for discontinuance on limitation grounds. § 107 Abs 4 StVG also refers to § 45 VStG, which provides for discontinuance where circumstances exclude liability to punishment or prosecution. The argument should explain the relevant starting point and the missing or late prosecution step, or the expiry of the liability period.

A decision also triggers a remedy deadline

A limitation argument cannot substitute for a timely legal remedy. § 120 Abs 2 StVG generally grants fourteen days for a complaint against a decision, following the oral announcement or service. Should a party request a written copy no later than the third day after the day of oral announcement, the service of that copy then starts the period. A disciplinary penalty order, however, requires an assessment of an objection under § 116a StVG.

§ 120 Abs 3 StVG provides that a complaint does not automatically suspend enforcement. If the penalty is already being implemented, a separate request for suspensive effect must be considered. Mag. Christopher Angerer examines the chronology, the appropriate remedy, and the evidence supporting the limitation argument. Retain the decision, the proof of service, and any request for a written copy.

Frequently asked questions

Limitation of disciplinary allegations

Is every allegation barred after one year? +

No. A timely prosecution step may permit the continuation of prosecution at a later date, but whether such a step exists depends on § 32 Abs 2 VStG and the case file. One must examine the three-year limit on liability to punishment separately.

Must I have known about the official action? +

No. Under § 32 Abs 2 VStG, an action may count even if the accused person never learned of it, but the action must still be directed against a specific person as an accused person.

Can proceedings still be permissible after three calendar years? +

Yes, if statutory excluded periods under § 31 Abs 2 VStG apply. You must establish the relevant periods from the procedural records. Simply leaving the file unattended is not enough.

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

A direct line to the firm.

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg