Separate detention under Section 185 StPO: what it means for co-accused persons, sentenced prisoners, visits and phone calls.
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for detention and deprivation of liberty
When someone is in custody, every hour counts. One lawyer who accompanies you personally, from the detention review hearing to release.
Separate detention in pre-trial custody sounds technical, but it affects daily life and defence strategy.
Separate detention is not automatically total isolation. Visits, phone calls, mail and defence contact must be checked separately. What matters is which specific restriction was ordered and why it is still said to be necessary.
This decision tree does not replace case-specific advice. It helps structure the situation and prepare the key documents for a discussion.
You already know you want to send a request? Go directly to the contact form.
Choose the situation that fits best. You will then see which documents and steps matter first.
Section 185 StPO generally requires accused persons not to be accommodated together with sentenced prisoners. Persons in custody for the first time or held in another institution under Section 183 paragraph 3 StPO must in any event be separated from sentenced prisoners. Co-accused persons may be separated where this is necessary to achieve the purposes of detention.
Separate detention is not automatically total isolation. Visits, phone calls, mail and defence contact must be checked separately. What matters is which specific restriction was ordered and why it is still said to be necessary.
If key interviews are completed or the reasons remain formulaic, a fresh review may make sense. The request should not ask for everything at once, but name a concrete relief such as visit, phone contact or clarification of accommodation.
Section 185 StPO generally requires accused persons not to be accommodated together with sentenced prisoners. Persons in custody for the first time or held in another institution under Section 183 paragraph 3 StPO must in any event be separated from sentenced prisoners. Co-accused persons may be separated where this is necessary to achieve the purposes of detention.
In practice, the request should be short, documented and tailored to the concrete purpose. General wording weakens the submission.
Separate detention is not automatically total isolation. Visits, phone calls, mail and defence contact must be checked separately. What matters is which specific restriction was ordered and why it is still said to be necessary.
In practice, the request should be short, documented and tailored to the concrete purpose. General wording weakens the submission.
If key interviews are completed or the reasons remain formulaic, a fresh review may make sense. The request should not ask for everything at once, but name a concrete relief such as visit, phone contact or clarification of accommodation.
In practice, the request should be short, documented and tailored to the concrete purpose. General wording weakens the submission.
The overview shows which points should be checked separately before filing a request.
| Point | Practical meaning |
|---|---|
| Accommodation Accommodation | Cell or unit |
| Co-accused persons Co-accused persons | Contact linked to detention purposes |
| Sentenced prisoners Sentenced prisoners | General rule of separation |
| Communication Communication | Visits, phone, mail and defence contact |
Detention grounds, hearings and alternatives to custody.
Alternatives to pre-trial detention, from reporting duties to security.
Legal remedies against pre-trial detention.
How to prepare documents and arguments.
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.
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