Rebutting flight risk in pre-trial detention

Flight risk under section 173 para 2 no 1 StPO requires specific facts giving reason to fear that the accused will evade the proceedings. According to settled case law a high sentence threat alone does not suffice. The defence must therefore make visible concrete anchors in Austria that stand against flight.

What to do now: First, present a current registration certificate and a tenancy or ownership record. Second, document an active employment contract or job offer and existing health insurance. Third, evidence family ties such as marriage, children or care of relatives with birth certificates, school confirmations and registration data.

Under section 173 para 5 StPO pre-trial detention is to be avoided where the purpose can be achieved by a less restrictive measure. For flight risk passport deposit, reporting duty with the police, a residence requirement and bail are particularly relevant. These measures bind the accused to Austria and secure their presence in the proceedings.

What to do now: First, deposit the passport and any further travel documents with the court. Second, offer a concrete reporting duty, for instance two or three times a week at the nearest police station. Third, quantify a realistically affordable bail and explain financing through relatives or sureties.

Under section 173 para 1 StPO pre-trial detention may only be imposed or continued where it is not disproportionate to the significance of the case and to the expected sentence. With growing time served the argument grows that an expected remaining sentence no longer carries flight risk. Individual life circumstances and the previous history are also to be weighed.

What to do now: First, calculate the days already spent in detention precisely and contrast them with a realistically expected sentence. Second, assess the course of the proceedings so far and the likely remaining duration. Third, raise individual aspects such as first-time status, clean record and stable social ties.

The decision imposing or continuing pre-trial detention can be appealed to the competent Higher Regional Court. The appeal must be lodged within three days from service of the order. In parallel a reasoned release motion can be filed at any time where new facts or evidence place flight risk in a new light.

What to do now: First, secure the three-day appeal deadline and examine the order systematically for specific facts. Second, in parallel file a release motion offering a less restrictive measure. Third, by the next scheduled detention hearing prepare fresh evidence on ties to Austria.