Take the hearing seriously
The statement should answer the allegation concretely, not only express general dissatisfaction.
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Prison disciplinary procedure in Austria: hearing, evidence and complaint
Prison disciplinary procedure in Austria: hearing, evidence, penalty and complaint under the StVG.
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Mag. Christopher Angerer, Rechtsanwalt
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13 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
A prison disciplinary procedure is more than the question which penalty may follow. The practical issue is whether the allegation was specified, the prisoner heard, the evidence ordered and the decision served correctly.
§ 116 StVG contains procedural rules for disciplinary offences. § 109 StVG lists possible penalties. Focusing only on the sanction often misses the real points: facts, evidence, proportionality and complaint deadline.
Initial assessment
Which procedural issue is open?
§ 116 StVG governs the procedure for prison disciplinary offences. The issue is not only the penalty under § 109 StVG, but also whether hearing, evidence, service and complaint were handled correctly.
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What needs initial assessment?
Choose where the procedure currently stands.
All paths at a glance
Overview of all answers.
Order evidence
Names, times, places, video notes, officer reports and medical records should be collected separately.
Check deadline
Under § 120 StVG, a complaint against a decision is generally possible within fourteen days. Service and written decision therefore matter.
Clarify enforcement
If the measure is already being carried out, complaint, suspensive effect and a fresh application must be assessed separately.
Why procedure creates separate points
Why procedure creates separate points
The list in § 109 StVG explains which penalties may be imposed. It does not answer whether the concrete decision was made correctly. § 116 StVG requires engagement with the allegation and therefore a concrete handling of the charge.
For a complaint, the severity of the penalty is not the only point. Hearing, file note, evidence, service and reasons matter as well.
Which evidence matters in practice
Which evidence matters in practice
Small details matter. Who was present? When is the incident alleged to have happened? Is there video, officer report, medical record or witness evidence? Was the prisoner heard before the decision?
These points should be collected chronologically. A loose pile of documents is weaker than a short table with date, time, person, document and relevance.
Preparing a complaint under § 120 StVG
Preparing a complaint under § 120 StVG
§ 120 StVG allows complaints against rights-related decisions, orders and conduct. For a decision, the fourteen-day period is practically central. If a written copy was requested, service and deadline must be recorded.
The complaint should name concrete rights violations. General outrage does not replace reasons.
Checkpoints
Separate procedure, evidence and remedy
The overview shows which track should be checked first.
| Track | Question | First step |
|---|---|---|
| Allegation Allegation | Is the charge specific? | Secure text and date |
| Hearing Hearing | Was a statement possible? | Record own account |
| Evidence Evidence | Which records support the charge? | Build chronology |
| Complaint Complaint | When does the deadline run? | Check service |
The right track depends on decision, service and ongoing measure.
Practical point: A good remedy does not merely say the penalty feels harsh. It shows which procedural step or evidential assessment is said to be wrong.
FAQ
Questions families often ask
Is a hearing required before a disciplinary penalty? +
§ 116 StVG provides for dealing with the allegation. Whether the hearing was sufficient depends on the concrete procedure and records.
What is the complaint deadline? +
For a decision, § 120 StVG generally refers to fourteen days from pronouncement or service. The concrete deadline should be checked immediately.
Is it enough to call the penalty unfair? +
No. A useful complaint names concrete points, such as missing evidence, insufficient hearing, disproportionality or service issues.
In depth
Further topics on haftrecht.at
Topics
prisondisciplinary-procedureevidencecomplaintaustria
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