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Video conferences in prison: when appointments can take place without escort

Draft section 98 Prison Act: escort from prison should be avoided where audio and video transmission can achieve the purpose.

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Mag. Christopher Angerer, Rechtsanwalt

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28 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

Section 98 would be supplemented. An escort should be avoided if the requesting authority considers the purpose achievable through section 97 or audio and video transmission.

This article complements the overview of the Prison Law Amendment 2026 in Austria.

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.

01 Question 1

What is the main issue?

Choose the situation that is closest to your case.

All paths at a glance

Overview of all answers.

01

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.

02

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.

03

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 the draft provides

Section 98 would be supplemented. An escort should be avoided if the requesting authority considers the purpose achievable through section 97 or audio and video transmission.

Not every appointment is suitable for video conference. Personal perception, confidentiality and evidence issues may still require escort. Technical problems must be documented immediately.

Why the distinction matters

The draft is not yet binding law. Current applications are therefore governed by current law. The draft still indicates which documents and arguments should be prepared.

General statements rarely help in prison enforcement. File status, competence, timing and the specific interference are decisive.

Useful next steps

Keep the decision, service date, file number and supporting evidence. Then assess whether an application, supplement or complaint is the correct route.

Where deadlines apply, do not wait for a later amendment. Current law remains decisive until enacted changes are published.

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

Does the change already apply? +

No. It is in the ministerial draft and is not yet binding law.

Why is the consultation deadline important? +

Comments can be submitted until 5 August 2026. The text may still change afterwards.

What should be done in an ongoing case? +

Review the concrete act and current law. The draft may provide arguments but does not replace deadline checks.

Topics
videokonferenzausfuehrungparagraph-98-stvgstrafvollzugstrafvollzugsnovelle-2026

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