Check the draft but do not ignore current law.
The 2026 Prison Law Amendment is currently a ministerial draft. Ongoing cases are still governed by current law. The draft can nevertheless show which arguments and documents should be prepared now.
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Draft section 133b Prison Act: removal from Austria and return to custody
Draft section 133b of the Austrian Prison Act: provisional discontinuation of enforcement where removal from Austria is required.
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Mag. Christopher Angerer, Rechtsanwalt
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27 June 2026 · Mag. Christopher Angerer, Rechtsanwalt
The ministerial draft proposes a new interface between prison enforcement and immigration law through section 133b of the Prison Act. The enforcement court could provisionally discontinue further enforcement without the prisoner’s consent if removal from Austria is required.
This article is distinct from the general 2026 amendment overview and from the article on residence bans after prison.
Quick assessment
Which prison enforcement issue fits your case?
The draft does not replace review of the specific act. This selection helps organise documents and the correct review path.
Already know that you want to send an inquiry? Go directly to the form.
What is the main issue?
Choose the situation that is closest to your case.
All paths at a glance
Overview of all answers.
Secure the current act and clarify the legal basis.
If a prison, enforcement court or authority has already issued a decision, the concrete content comes first. Keep the decision, notice, service date and all supporting documents.
Separate deadline, competence and goal of the complaint.
Legal protection in prison enforcement depends on who decided and which measure is involved. A complaint should address the decisive reasoning and not merely express general dissatisfaction.
What section 133b would add
What section 133b would add
Section 133a already allows provisional discontinuation where an entry ban or residence ban is involved. Draft section 133b covers cases where the person must leave Austria and specific protected groups are not involved.
The key difference concerns consent. The enforcement court could act even where departure does not depend on the prisoner’s consent.
What should happen after the decision
What should happen after the decision
The prison governor informs the immigration authority. That authority takes over the person from prison and secures removal under the Aliens Police Act.
If removal fails or the person returns during the entry ban, the person is to be taken back into custody and transferred to the nearest prison.
What to review first
What to review first
Check sentence status, remaining sentence, immigration decisions and travel documents. Identity issues, target state obstacles or legal barriers can prevent removal.
Anyone planning or fearing return to Austria must consider the custody consequence.
Important: The Ministry of Justice text dated 24 June 2026 is a ministerial draft. The consultation period ends on 5 August 2026. This article therefore distinguishes between current law and the proposed change.
Frequently asked questions
What affected people should know now
Is section 133b already in force? +
No. Section 133b is part of the ministerial draft and is not yet binding law.
Would consent be required? +
The draft change is that discontinuation could be possible without consent in the covered constellation.
What if removal fails? +
Under the draft, the person would be taken back into custody.
Topics
stvgparagraph-133b-stvgausreisefremdenrechtstrafvollzugsnovelle-2026
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