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Prison mail and letter inspection in Austria

Letter inspection under section 90 Prison Act: which items may be opened, why defence counsel mail is inviolable, and how to challenge an unjustified seizure.

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3 July 2026 · Mag. Christopher Angerer, Rechtsanwalt

Prisoners in Austria have a right to send and receive mail under sections 87 to 90 StVG. Letters and parcels may be received and sent. This right is not unlimited: the prison may inspect correspondence where security or order requires it. Letter inspection under section 90 StVG is, however, tied to conditions and must not be treated as self-evident.

This post explains the key levers. Particularly important is the inviolable nature of correspondence with defence counsel and authorities under section 89 StVG. These items may not be inspected for content. If a letter is seized without justification the complaint to the detention judge under section 121 StVG is available. Those who know their rights can assert them effectively.

Which step fits your situation?

Mail rights, letter inspection, defence counsel mail or complaint, what do you need?

Prisoners in Austria have a right to send and receive mail under sections 87-90 StVG. Letters may be inspected under certain conditions, but correspondence with defence counsel and authorities is excluded. Choose what concerns you most and you will receive guidance with concrete first steps.

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01 Question 1

What is at the centre of your case?

Prison mail is regulated by law. Defence counsel mail is inviolable, other items may be spot-checked or inspected. Choose the angle that holds in your situation.

All paths at a glance

Overview of all answers.

01

Prisoners have a statutory right to send and receive mail that may only be restricted under the conditions set out in the Prison Act.

Under section 87 StVG prisoners may send and receive letters. Parcel traffic is regulated by section 88 StVG and may be further specified in the prison's house rules. These rights are not at the discretion of the prison management but are guaranteed by statute. A blanket refusal of all correspondence would be unlawful and can be challenged by complaint.

What to do now: First, examine the house rules of the prison for the specific provisions on correspondence. Second, find out the permitted number and weight of parcels. Third, if correspondence is unjustifiably refused or restricted, prepare a complaint to the detention judge under section 121 StVG.

In depth: prison at a glance →
02

Letters may be inspected under section 90 StVG but only by spot-check or on specific grounds, not as a blanket routine.

Under section 90 StVG incoming and outgoing letters may be inspected where necessary to maintain the security or order of the prison or to prevent criminal offences. The inspection must be proportionate. Letters may be read where there are specific indications of misuse. A blanket opening of all letters without cause does not fall within the statutory authorisation.

What to do now: First, demand a written explanation for any letter inspection or seizure. Second, check whether specific facts existed that justified the inspection. Third, where the inspection was disproportionate or groundless, lodge a complaint with the detention judge and document the circumstances.

In depth: rights in prison at a glance →
03

Letters between prisoners and their defence counsel as well as authorities may not be opened; this correspondence is inviolable by statute.

Under section 89 StVG correspondence with defence counsel, courts, public authorities and certain other bodies is excluded from letter inspection. These items may only be examined for prohibited objects in the presence of the prisoner; their contents remain confidential. This right secures the fundamental right to effective legal assistance and must not be undermined.

What to do now: First, ensure that the name of the defence counsel and the office address are clearly marked on the envelope so that the prison can identify defence counsel mail. Second, if defence counsel mail is opened immediately lodge a written complaint and document the incident. Third, inform the defence counsel promptly so that they can if necessary lodge a supervisory complaint.

In depth: defence counsel contact in prison →
04

A complaint to the detention judge is available against the seizure of a letter; for defence counsel mail a supervisory complaint is also possible.

If a letter is seized the prison management must notify the prisoner in writing and give reasons. Against this decision a complaint to the competent detention judge is available under section 121 StVG. For defence counsel mail a supervisory complaint and a referral to the Ombudsman Board are additionally available. The complaint does not have suspensive effect but creates judicial oversight.

What to do now: First, secure the written notification of the seizure and its reasons. Second, lodge the complaint under section 121 StVG in writing with the detention judge and set out concretely why the seizure is unlawful. Third, for defence counsel mail inform the defence counsel without delay so they can act in parallel.

In depth: complaint to the detention judge →

Legal framework for prison mail under sections 87 to 90 StVG

The Austrian Prison Act grants prisoners a right to send and receive letters and parcels in sections 87 to 90. Under section 87 StVG the prison may not blanket refuse the receipt or sending of letters. Parcel traffic under section 88 StVG is more extensively regulatable, for instance as to number and weight. Both rights may be specified in detail by the house rules of the individual prison.

Letter inspection under section 90 StVG permits the prison management to open and read letters where necessary to maintain security and order or to prevent criminal offences. The measure must be proportionate. Letters may be read only where specific indications of misuse are present. A blanket opening of all letters without cause exceeds the statutory authorisation.

Correspondence with defence counsel as well as courts and authorities is excluded from any content inspection under section 89 StVG. These items may only be examined for prohibited objects in the presence of the prisoner. This protects the constitutionally anchored right to effective legal assistance and is clearly distinguished from the inspection regime for private mail.

Practice: identifying seizure and lodging an effective complaint

If a letter is seized the prison must notify the prisoner in writing and explain why the item is not being passed on. This notification is important because it forms the basis for a complaint. If the notification is missing that itself is a procedural defect that can be challenged.

The complaint is directed under section 121 StVG to the competent detention judge. It is to be lodged in writing and should set out concretely why the seizure was unlawful. For defence counsel mail the threshold is particularly low: any reading of the contents by prison staff constitutes a serious interference and may additionally lead to a supervisory complaint or a referral to the Ombudsman Board.

In practice it is advisable to note the date of sending on all items of post and to check incoming mail for signs of opening. If a letter is handed over with visible signs of opening or is missing entirely that should immediately be recorded in writing to the prison. This documentation substantially strengthens a later complaint.

Prison mail at a glance

Letter types, inspection powers and legal protection

The rules for prison mail differ significantly depending on the type of correspondence. The overview places letter type, statutory basis, inspection power and complaint option side by side.

Mail under sections 87-90 StVG: letter types and legal protection
Letter type Inspection power Legal protection if violated
Private mail Content inspection under section 90 StVG on specific grounds Complaint under section 121 StVG to detention judge
Defence counsel mail No opening of contents permitted under section 89 StVG Complaint plus supervisory complaint
Authority mail Contents inviolable under section 89 StVG Complaint plus Ombudsman Board
Parcels Inspection for prohibited objects permitted Complaint under section 121 StVG
Seized item Written explanation by prison required Complaint to detention judge within a reasonable time

Sections 87-90 StVG are decisive. The inviolable nature of defence counsel mail under section 89 StVG is absolute.

Frequently asked questions

What people often ask about prison mail.

May the prison open all letters? +

No. A blanket inspection of all letters is not covered by section 90 StVG. Opening and reading is only permitted where specific indications of misuse or a threat to prison order exist. Defence counsel mail and authority mail must never be opened for content.

What happens if defence counsel mail is opened? +

Opening defence counsel mail is unlawful under section 89 StVG. The prisoner should immediately lodge a written complaint under section 121 StVG and inform the defence counsel. The counsel can lodge a supervisory complaint and if appropriate refer the matter to the Ombudsman Board.

How long may the prison hold a letter? +

The law provides no rigid time limit but the notification must be given promptly. The prison must inform the prisoner in writing. An unjustified or indefinite seizure is unlawful and can be challenged by complaint to the detention judge.

To whom is a complaint against seizure of a letter directed? +

The complaint is directed under section 121 StVG to the competent detention judge. It must be lodged in writing and should set out the circumstances of the seizure and the reasons for its unlawfulness concretely. For defence counsel mail a supervisory complaint is additionally available.

May the prison inspect parcels? +

Yes. Parcels may be examined for prohibited objects. This concerns the physical contents but not private letter enclosures. The inspection must be proportionate. Prohibited objects may be confiscated; the prisoner must be notified.

In depth

Further topics on prison

Prison at a glance

The focus page on rights and duties in prison.

Rights of prisoners in Austria

Which fundamental rights must be maintained in prison.

Defence counsel contact in prison

How defence counsel and prisoners may communicate.

Complaint to the detention judge

How the detention judge is invoked and what they review.

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