Check complaint immediately
A complaint under § 120 StVG fits if the refusal contains legal errors, ignores key facts or stays generic. It attacks the decision itself.
Imprisonment
Prison leave refused: separating complaint and new application
After refusal of prison leave: when a complaint under § 120 StVG or a better evidenced new application is stronger.
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Mag. Christopher Angerer, Rechtsanwalt
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5 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
A refused prison relaxation is not just a no. The reasoning shows whether a complaint, a new application or better evidence is the right next step. Trying everything at once often blurs the strongest point.
This article does not repeat the general requirements for leave or work release. It explains how to work after a refusal.
Initial orientation
Prison relaxation refused: separating complaint and new application
The decision tree separates practical next steps.
Already know you want to send an enquiry? Go straight to the contact form.
What is the next step after refusal of a prison relaxation?
Choose the point that is closest right now.
All paths at a glance
Overview of all answers.
Prepare a new application
A new application is stronger if evidence was missing or facts are new. It must not read like a repetition of the refused request.
Strengthen evidence
Documents must answer the exact reason for refusal: return address, accompaniment, conduct record or purpose of leave.
Clarify urgency
Close appointments need urgency evidence and the correct form: escorted leave, interruption, leave or work release.
Read the refusal before repeating the request
Read the refusal before repeating the request
After a refusal, the first step is to read the reasoning carefully. It shows whether the problem is legal, factual or organisational. A complaint attacks the decision; a new application relies on a changed or better evidenced situation.
For leave, work release and relaxed enforcement, the quality of evidence often decides: daily structure, return security, prior conduct and purpose of the relaxation.
When a complaint or a new application is stronger
When a complaint or a new application is stronger
A complaint makes sense where the decision misapplies the legal requirements, overlooks key circumstances or is not reasoned. A new application is stronger where new facts have arisen or evidence was missing.
Both routes may be possible, but they should not be mixed. The complaint explains the error in the decision; the new application explains the new situation.
Which evidence should be improved
Which evidence should be improved
Often concrete documents are missing: confirmation of work or an appointment, return address, escort, treatment plan or evidence of conduct. These documents should answer the reasons for refusal directly.
Good improvement is short, orderly and verifiable. It uses evidence, not outrage.
Practical overview
Complaint or new application?
The overview separates the function of the two routes after refusal.
| Situation | Stronger route | Überblick preparation |
|---|---|---|
| Decision error Decision error | Complaint under § 120 StVG | Error and deadline |
| Missing evidence Missing evidence | New application | Targeted documents |
| New fact New fact | New application | Change since refusal |
| Short date Short date | Urgent strategy | Urgency and correct form |
Scope: This article is a practical Detailfrage. It does not repeat the core guide but orders documents and next steps for the concrete situation.
FAQ
Frequently asked questions.
Is a complaint always needed after refusal? +
No. If documents are mainly missing, a new and better evidenced application may be stronger. If there is a legal error, a complaint comes into consideration.
Can a new application be made in parallel? +
Yes, if new facts exist. Complaint grounds and new facts should remain separate.
What is the common mistake? +
Many people merely repeat the old application. It is stronger to answer each reason for refusal concretely.
In depth
Further topics for orientation
Topics
vollzugslockerungstrafhaftbeschwerdefreigangausgang
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
Phone
+43 660 2407152