Certificate and date
For death or funeral, reliable documents matter: death certificate, funeral confirmation, date, place and relationship.
Imprisonment
Prison sentence interruption for family emergency or hospital in Austria
Interruption of a prison sentence under § 99 StVG for family emergency, hospital or care needs.
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Mag. Christopher Angerer, Rechtsanwalt
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14 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
A death, funeral, acute care situation or hospital emergency can create immediate pressure during imprisonment. § 99 StVG allows interruption of a prison sentence, but only under narrow conditions and not automatically.
The difference to the general guide on § 99 StVG is the emergency evidence. Death certificate, hospital confirmation, family relationship, appointment, return plan and contact person must be available quickly and verifiably.
Initial assessment
Which emergency must be evidenced?
§ 99 StVG allows an interruption of a prison sentence under narrow conditions, including life-threatening illness or funeral of close persons. The application needs clear evidence.
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What is the core reason?
Choose the reason that has to be prepared now.
All paths at a glance
Overview of all answers.
Evidence hospital situation
A life-threatening illness needs concrete medical confirmation, not only an oral message.
Show urgency
For care or urgent personal matters, explain why the matter cannot wait.
Secure return
§ 99 StVG is an interruption, not release. Return date, address and availability should be ordered in the application.
Reading § 99 StVG in an emergency
Reading § 99 StVG in an emergency
§ 99 StVG names specific situations. If the remaining sentence does not exceed certain limits, interruption for up to eight days may be possible, including visiting a life-threateningly ill close person, attending a funeral or handling urgent family matters connected with such events.
The provision also requires a risk assessment and a secured framework, such as accommodation and subsistence during interruption. The application must therefore explain both reason and return plan.
Which evidence should be obtained quickly
Which evidence should be obtained quickly
The shorter the time, the clearer the document set must be. For death or funeral, death certificate, funeral date and proof of relationship matter. For hospital situations, medical confirmation, contact possibility and contact person matter.
For care needs or urgent personal matters, the application should explain why the imprisoned person must act personally. Emotional involvement alone may not be enough.
Separate interruption, escort and leave
Separate interruption, escort and leave
Not every appointment outside prison is an interruption. Escort, leave or prison relaxation may need separate assessment. In an ongoing prison sentence, however, § 99 StVG is the central basis for a short interruption.
This distinction prevents the wrong application. First classify the emergency legally, then support it with the right evidence.
Emergency check
Which evidence fits which reason
The overview helps order records quickly.
| Reason | Evidence | Further question |
|---|---|---|
| Death Death | Death certificate, funeral date | Close relationship? |
| Illness Illness | Hospital confirmation | Life-threatening situation? |
| Care Care | Medical or official confirmation | Why now? |
| Return Return | Address, phone, plan | Return secured? |
The requirements of § 99 StVG remain narrow. Individual review is needed.
Important: Interruption under § 99 StVG is time-limited. Return date and availability must be considered from the start.
FAQ
Questions families often ask
Is interruption automatic after a death? +
No. § 99 StVG names funeral and life-threatening illness as relevant reasons, but further requirements and review remain necessary.
Which documents are most urgent? +
Death certificate or hospital confirmation, date, place, relationship, contact person and return plan should be collected quickly.
Is this the same as prison leave? +
No. Interruption, escort, leave and relaxation are different tools. The right path depends on the reason and enforcement status.
In depth
Further topics on haftrecht.at
Topics
prison-sentenceinterruptionsection-99family-emergencyhospital
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