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Focus · Detention law

Imprisonment.

Once the judgment is final, the proceedings end, and the enforcement of the sentence begins. In prison, the right application filed at the right moment shapes not only daily life but also the prospect of earlier release. We accompany you from the summons to commence the sentence to conditional release.

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Mag. Christopher Angerer

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.

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Summons received?

Four weeks is tight. Postponement (§ 6 StVG) and house arrest (§ 156b StVG) must be filed now, call today.

Where do you stand in execution?

Three questions to orient.

Whether the start of the sentence is imminent, you are already serving, or you are waiting for conditional release, the next application decides what happens next. Answer two or three questions and we will point to the right track.

Already know you want to make an enquiry? Go straight to the contact form.

01 Question 1

Where are you right now?

The recommendation is phrased differently, depending on whether the start is imminent, execution is already running or the probation period is in question.

All paths at a glance

Overview of all answers.

01

Remaining ≤ 24 months, house arrest and postponement in parallel.

With a remaining sentence of at most 24 months (for the catalogue offences under Section 156c(1)(1) StVG the limit remains twelve months), house arrest under § 156b StVG is the central track. We file the application within four weeks and in parallel apply for postponement under § 6 StVG, so the admission date does not fall within the processing time. Requirements: suitable residence, structuring activity, consent of co-residents, favourable prognosis, all four cumulative.

Read the section →
02

Remaining > 24 months, postponement as the central track.

If the remaining sentence exceeds 24 months (for the catalogue offences under Section 156c(1)(1) StVG already from twelve months), house arrest is out of scope. Postponement under § 6 StVG with documented hardship grounds, economic, professional, health or family, becomes central. A vague reference is not enough: tax assessments, employment contracts, specialist medical certificates, third-party evidence. Postponement period regularly up to one year, exceptionally longer.

03

Remaining sentence unclear, file access and calculation.

Calculation of the remaining sentence is a precondition for any strategy. We obtain the file through defence counsel, clarify the credit for prior pre-trial detention, any postponement periods and other crediting facts. Only then can we decide whether house arrest, postponement or both tracks in parallel make sense.

04

Relaxation, application with substance, otherwise complaint.

Relaxations, leave, unaccompanied leave, day release under § 126a StVG, are decided centrally by the prison governor. Successful applications have a concrete purpose, written confirmation of the appointment and a documented record of conduct. Against refusals, complaint under §§ 120 et seq StVG within 14 days at the enforcement court.

Read the section →
05

House arrest from ongoing imprisonment, application via prison.

The application § 156b StVG from ongoing imprisonment requires that the remaining sentence is below 24 months (for the catalogue offences under Section 156c(1)(1) StVG: twelve months). Conduct in execution is additionally scrutinised, disciplinary measures, positive drug tests, refusal to work effectively block the application. Lead time 6-12 weeks from filing. NEUSTART home visit is mandatory.

Read the section →
06

Conditional release § 46 StGB, social prognosis at the centre.

Conditional release under § 46 StGB is the most common way out of a longer sentence. Standard case: release at 2/3 of the sentence and at least three months served. Half-sentence release under § 46 (2) StGB only for first-time offenders with a particularly favourable prognosis or exceptional development. Decisive: social prognosis, prison statement, therapy reports, post-release plan with housing and work.

Read the section →
07

Complaint §§ 120 et seq StVG, 14 days.

Against disciplinary measures, refused transfers, restrictions on visits, telephone or letters, the complaint under §§ 120 et seq StVG at the enforcement court applies, within 14 days. Formulate a concrete target of challenge and attach evidence. At second instance, further complaint to the Higher Regional Court.

Read the section →
08

Transfer of enforcement, Council Framework Decision 2008/909/JHA.

For convicts from Germany or another EU Member State, the transfer of enforcement under Council Framework Decision 2008/909/JHA is the route to serve the remainder closer to family and language. Typical timeline 6-12 months. Strategic question: is conditional release in Austria nearer than the transfer? We weigh that case by case.

Read the section →
09

Twin strategy, sentence and measure coordinated.

Where the criminal court ordered placement under § 21 (2) StGB alongside the prison sentence, the measure runs in parallel. Annual review of the measure under §§ 24 et seq StGB follows its own rhythm. An application for conditional release without regard to the measure review is a step in the wrong order, the two tracks must be coordinated.

Read the section →
10

First orientation, clarify the file, calculate the remaining sentence, examine options.

We clarify the state of the file, calculate the remaining sentence and examine the open strategy options, postponement, house arrest, relaxation, conditional release, pardon, transfer of enforcement. From this baseline, a concrete plan emerges.

11

Probation or threatened revocation, counsel before any hearing.

During the probation period after conditional release, breaches of instructions or a new offence can trigger revocation of the conditional release. Take counsel before any hearing, for minor breaches, a warning instead of revocation can be argued. With ongoing probation service: do not conceal incidents, but order them ahead of court.

Four modes of execution

From closed execution to house arrest, what changes legally and in practice.

Four levels, from strictly closed execution to serving the sentence in the convict's own home. The table sets out the requirements at each level, the day-to-day reality, where the convict is held, and which complaint route applies.

Closed execution, relaxed execution, day release under § 126a StVG and house arrest under § 156b StVG side by side.
Aspect Closed execution Relaxed execution Day release § 126a StVG House arrest § 156b StVG
Legal basis Legal basis StVG, §§ 99 et seq (relaxations derive from this). §§ 99, 99a StVG. § 126a StVG. §§ 156b,d StVG.
Threshold Threshold Standard form on admission. Time served + prognosis + documented purpose. Remaining sentence usually below 12 months + reliable workplace. Remaining ≤ 24 months + residence + occupation + prognosis (cumulative) , Four requirements must all be met cumulatively, otherwise refusal. For the catalogue offences under Section 156c(1)(1) StVG the limit remains twelve months.
Daily structure Daily structure House rules, duty to work in prison operations. Prison + time-limited contacts outside. Daytime employment outside, return in the evening. Residence as place of execution, NEUSTART weekly schedule.
Place Place Prison. Prison. Prison with daily external activity. Convict's residence.
Sanction regime Sanction regime Disciplinary law §§ 107 et seq StVG. Withdrawal of relaxation on breach. Return to closed execution. Revocation under § 156c StVG, return to prison.
Complaint route Complaint route Complaint §§ 120 et seq StVG, 14 days. Complaint within 14 days. Complaint within 14 days. Complaint within 14 days, second-tier complaint to Higher Regional Court.
Credit on revocation Credit on revocation n/a Time on relaxation counts as time served. Day-release time counts as time served. House-arrest time credited (§ 156c StVG).

Sources: §§ 99, 99a, 126a, 134, 147 StVG; §§ 156b,d StVG; § 46 StGB.

Three routes out of execution

Full sentence, conditional release and house arrest from execution, when which applies.

Four legally and prognostically distinct transitions. The comparison shows the statutory requirements, who decides, the probation terms that follow and where the trigger for revocation lies.

Full sentence, conditional release at the two-thirds point (§ 46 StGB), conditional release at the half-sentence point (§ 46 (2) StGB) and house arrest from ongoing imprisonment (§ 156b StVG).
Aspect Full sentence Conditional 2/3 Conditional 1/2 House arrest from execution
Requirement Requirement Sentence served in full. 2/3 served + at least 3 months + favourable prognosis. Special circumstances, first-time offender, exceptional development. Remaining < 24 months + housing/work/prognosis requirements (catalogue offences § 156c(1)(1) StVG: 12).
Decision-maker Decision-maker automatic. Enforcement court after a hearing. Enforcement court. Prison governor, enforcement court on complaint.
Probation period Probation period none. 1-3 years, in serious cases up to 5 years. 1-3 years, up to 5 years. Probation of conditional release follows afterwards.
Conditions Conditions n/a Probation service, therapy, reporting, restitution. as 2/3. Movement profile, abstinence, NEUSTART appointments.
Revocation Revocation n/a on new offence or breach of instructions. as 2/3. § 156c StVG on loss of requirements, breach, new offence.

Sources: § 46 StGB, § 46a StGB; §§ 156b,c StVG; §§ 47 et seq StGB (probation).

Course of imprisonment

From the final judgment to release.

Seven phases from the moment the judgment becomes final to unconditional or conditional release. At every transition, applications with their own deadlines and their own evidentiary logic come into play. The sticky sidebar (desktop) jumps directly to the matching phase.

  1. 01
    Day 0
    Reference date

    Final judgment

    Once the appeal period expires or appeals are waived, the judgment becomes final. The Public Prosecutor's Office sends the file to the competent prison, the start of execution is set.

    From this moment all further deadlines start running, for postponement, house arrest and any pardon procedure. Anyone who only starts thinking about it now has already lost time.

    Legal basis: § 1 StVG

  2. 02
    Day 1-28
    4 weeks

    Summons to commence the sentence

    The prison names the date of admission and the documents required. Reaction window typically four weeks. Applications for postponement (§ 6 StVG) and house arrest (§ 156b StVG) must be filed now.

    Competing applications in parallel: postponement of execution under § 6 StVG (economic, professional, family, health) and, where the remaining sentence does not exceed 24 months (for the catalogue offences under Section 156c(1)(1) StVG the limit remains twelve months), house arrest under § 156b StVG. If the convict misses the date without justification, they will be brought in by the police and lose every postponement and house-arrest option.

    Legal basis: § 3 StVG · § 6 StVG · § 156b StVG

    Read the section

  3. 03
    Day 1 after admission
    First weeks

    Admission and classification

    Admission, classification interview and the personality assessment under § 134 StVG. The classification decides on mode of execution, security level, work placement and which relaxations are even plausible.

    Convicts with shorter sentences up to 18 months and a favourable prognosis can be sent directly to an open institution. Longer sentences begin in closed execution, with stepwise transfer as the standard path.

    Legal basis: § 134 StVG · § 10 StVG

  4. 04
    Mid-execution
    Main phase

    Daily life in execution

    Duty to work under §§ 44 et seq StVG, visits under § 93 StVG, training. The daily routine builds the file that will later be drawn on for every relaxation and release decision.

    No-fault conduct, participation in work, training and therapy are the building blocks that count later in the social prognosis. Whatever is documented here cannot be added retroactively.

    Legal basis: §§ 44 et seq StVG · § 93 StVG

  5. 05
    From 1/3 served
    Stepwise

    Relaxations of execution

    Accompanied and unaccompanied leave, day release under § 126a StVG. Application with concrete purpose, documents and a record of conduct. First unaccompanied leave typically from one-third of the sentence served.

    Against refusals, complaint under §§ 120 et seq StVG within 14 days. A written, evidenced application is materially more successful than an oral request in passing.

    Legal basis: §§ 99, 99a StVG · § 126a StVG · § 147 StVG

  6. 06
    From 2/3 (or 24-month threshold)
    Decision window

    Conditional release / house arrest

    Conditional release § 46 StGB, exceptionally earlier under § 46a StGB, or transition to electronically monitored house arrest under § 156b StVG once remaining duration ≤ 24 months (catalogue offences § 156c(1)(1) StVG: 12). Enforcement court decides after a hearing.

    Social prognosis report, prison statement, therapy reports and post-release plan carry the decision. A release-ready file is built over months, not in the week before the hearing.

    Legal basis: § 46 StGB · § 46a StGB · § 156b StVG

    Read the section

  7. 07
    After release
    1-5 years

    Probation / unconditional release

    Probation 1-3 years, in serious cases up to 5 years. Instructions, probation service, restitution. Breach or a new offence trigger revocation of the conditional release.

    Probation requires the same discipline as imprisonment. A breach in the first months risks revocation, the remainder of the sentence is then served.

    Legal basis: §§ 47 et seq StGB · § 53 StGB

What imprisonment is in Austrian legal terms

Imprisonment in Austria is regulated by the Strafvollzugsgesetz (StVG, Prison Sentences Act), a federal statute that governs how custodial sentences and measures are executed. A prison sentence is imposed by the criminal court, but how it is served, in closed or open execution, with or without relaxations, in one of the roughly two dozen Austrian prisons (Justizanstalten), is decided not by the sentencing court but by the prison administration and, on request, by the enforcement court (Vollzugsgericht) at the Regional Court. For convicts and their relatives, this division of labour is often unfamiliar: the verdict fixes the number of months or years, but the concrete reality of imprisonment is shaped by a second, administrative layer of law.

Three purposes run through the StVG and leave a practical trace at every stage. First, general and special deterrence, the sentence must be felt. Second, protection of the public through secure custody. Third, and most decisively for the applications described on this page, the reintegration of the convict into society through work, training, structured relationships and gradual opening of the prison system. The last purpose is why Austrian law allows leave, day release, electronically monitored house arrest and conditional release, all of which are instruments of reintegration. Anyone who understands this weighting has a better handle on which arguments actually persuade the prison and the enforcement court.

In practice, imprisonment is not one single regime but a layered set of modes of execution that follow one another. The first stage is admission, classification and the initial interview in the institution. The middle stage is the day-to-day of execution with work, training, visits and, in many cases, relaxations of execution. The final stage is the transition to release, either as unconditional release at the end of the sentence, as conditional release under § 46 StGB, or as a switch into electronically monitored house arrest under § 156b StVG. At each of these transitions an application is possible and often decisive. A well-prepared file submitted in good time carries far more weight than an oral request voiced at the wrong moment.

From final judgment to the start of the sentence

Once the judgment is final, that is, when no further appeal lies or the period for appeal has expired, the enforcement procedure begins. The Public Prosecutor's Office sends the file to the competent institution, and the convict receives the summons to commence the sentence (Aufforderung zum Strafantritt) under § 3 StVG. This summons names the prison, the date of admission and, crucially, the deadlines by which applications must be filed. The window between the service of the summons and the date of admission is in most cases a single month. Nothing about this is automatic, the convict can still shape the course of events, but only by moving quickly.

The central instrument at this stage is the application for postponement of the commencement of the sentence (Strafaufschub) under § 6 StVG. The statute recognises several grounds: substantial economic, professional or family disadvantages that a deferment would avoid; temporary inability to serve the sentence on medical grounds; and, since the 2010 reform, the prospect of serving the sentence instead in electronically monitored house arrest. A postponement can be granted for up to one year; in exceptional cases, it may be extended. The practical standard is high: the application must be specific, documented and plausible. Vague references to hardship lead to refusal.

In parallel with the postponement, a convict can already at this stage file an application for execution in electronically monitored house arrest (Fußfessel) under § 156b StVG. If the remaining sentence does not exceed 24 months (for the catalogue offences under Section 156c(1)(1) StVG: twelve months), if a suitable residence and a recognised structuring activity (employment, education, care obligations) are in place, and if the prognosis is favourable, the prison can shift the whole execution out of the institution and into the home. A detailed account is available on house arrest & electronic tag. Those who do not belong in this category should still consider a structured postponement, if only to use the time before admission to organise work, childcare, tenancy and medical follow-up, factors that later weigh heavily in the conditional-release file.

Classification, choice of institution and everyday execution

On admission, the institution conducts the classification interview and compiles the personality assessment under § 134 StVG. This is not a formality. The classification decides whether a convict is held in closed, half-open or open execution, what security level applies, which work placement is offered and which relaxations are plausible. Convicts serving shorter sentences of up to 18 months who show a favourable prognosis can be sent directly to an open institution (for example, Justizanstalt Simmering in Vienna for men, or the open wing of Justizanstalt Schwarzau for women). Those serving longer sentences usually start in closed execution and move, step by step, into more open settings.

The choice of institution itself can be influenced by application. The principle of proximity to the family (Heimatnähe) is recognised in practice, even though the StVG does not formulate it as a strict right. A convict whose family lives in Vienna but who has been classified to an institution in Graz can apply for a transfer (Verlegungsantrag) under the internal rules of the Federal Ministry of Justice. Transfer to an open institution at a later stage is a standard lever, after roughly a third to half of the sentence has been served, a first transfer is often realistic, provided no disciplinary measures stand against it.

Everyday life inside is structured by the duty to work under §§ 44 et seq. StVG. Convicts are obliged to perform work assigned to them, whether within the institution (kitchen, laundry, maintenance) or in the prison's enterprises (workshops, agriculture). In return, they receive a statutory work remuneration (Arbeitsvergütung), a fraction of the minimum collective wage, from which the savings portion and the contribution to the costs of execution are withheld. Periods spent working count for pension and, under certain conditions, for unemployment insurance; this is often overlooked by convicts and their families, even though it matters for the post-release year. Further everyday structures, visits of at least six hours per month under § 93 StVG, regulated telephone and letter contact, access to education, are documented in the institution's house rules (Hausordnung) and can be challenged in individual cases.

Relaxations of execution and the electronic tag during imprisonment

Relaxations of execution (Vollzugslockerungen) are the graded steps by which the prison system opens up during the sentence. They are governed by §§ 99, 99a, 126 and 147 StVG. In ascending order of trust, they comprise: accompanied leave (begleiteter Ausgang), where the convict leaves the institution in the company of a prison officer for specific purposes (medical appointments, family events); unaccompanied leave (unbegleiteter Ausgang), of a few hours or up to 72 hours, usually granted from roughly one-third of the sentence onwards; and day release (Freigang), in which the convict works outside the prison during the day and returns in the evening, a transitional form typically reserved for the final months of execution.

The criteria that the prison applies are recurring: time already served, conduct in execution, absence of disciplinary measures, a prognosis of non-abuse, a stable external environment and concrete evidence for the purpose of the leave (invitation, medical appointment, therapy appointment, contract of employment). The prison decides at first instance; a complaint lies against a refusal to the enforcement court (Vollzugsgericht) under §§ 120 et seq. StVG, and from there by second-tier complaint to the Higher Regional Court. In practice, a well-evidenced application is the decisive factor: the convict who submits a written confirmation of the event to be attended, a description of the travel route and the times, and a statement of their own conduct since admission, has materially better prospects than one who applies orally at the end of a visit.

A further instrument available during ongoing imprisonment is the application for execution in electronically monitored house arrest once the remaining sentence falls below 24 months (for the catalogue offences under Section 156c(1)(1) StVG the threshold remains twelve months). The prison examines the same criteria as for an application filed before the start of the sentence (suitable residence, structuring activity, consent of co-residents over the age of 14, prognosis), but additionally weighs conduct in prior imprisonment: disciplinary measures, escape attempts, positive drug tests or refusal to work de facto block the application. The administrative route typically takes six to twelve weeks from filing, which is why preparation should begin long before the 24-month mark. The cross-reference to the dedicated page on house arrest goes into further detail on documents, the NEUSTART home visit and revocation risks.

Conditional release under § 46 StGB

Conditional release (bedingte Entlassung) under § 46 StGB is the most common way out of a longer custodial sentence. The statute distinguishes two regular forms. The standard case is release at the two-thirds point: once two-thirds of the sentence have been served, and at least three months of imprisonment have elapsed, the enforcement court may suspend the remainder if it can be assumed, in view of the convict's personality, their previous life, the circumstances of the offence, their conduct in execution, their prospects and possible instructions, that it is not necessary to serve the rest in order to prevent further offending. The shorter, half-sentence release, is available in special cases: first-time offenders with a particularly favourable prognosis, exceptional personal development, or significant mitigating circumstances that only became apparent during execution. In either case, the minimum period of three months must have been served.

The procedure is initiated either by application of the convict or ex officio by the prison. The enforcement court at the Regional Court of the institution's seat decides after a hearing; in practice, the social prognosis report, the prison's statement, any therapy reports and the description of the post-release plan (housing, work, social environment, therapeutic follow-up where relevant) carry enormous weight. A release-ready file is not produced in a week, it is built over months. Those who understand the test can make sure the prison record contains exactly the documents the court wants: no-fault conduct, participation in work, completion of training or therapy, realistic post-release plan, supportive letters from family or an employer, and, where applicable, evidence of partial payment of damages or fines.

A grant of conditional release is not an unconditional release. The court imposes a probationary period of between one and three years (in serious cases up to five) and can attach instructions (Weisungen): to take up or continue therapy, to refrain from alcohol or drugs, to pay fixed contributions towards damage, to stay away from certain places or persons, to report regularly to the probation service. A breach of instructions can lead to revocation of the conditional release; a new offence during the probationary period almost always does. Practical advice is therefore twofold: build the file from the outset towards conditional release, and treat the probationary period with the same seriousness as the sentence itself. A careless breach in month six destroys what months of work in the institution achieved.

Rights during imprisonment

Fundamental rights remain in force in custody, tempered by the necessities of orderly execution. The StVG sets out the core entitlements. Visits of relatives and confidants must be permitted for at least six hours per month (§ 93 StVG), typically in blocks of one to two hours on appointed days; longer visits are possible in family-friendly visiting rooms in many institutions. Contact with defence counsel is unrestricted and not monitored, calls, visits and written correspondence with the defence lawyer are privileged and may not be read, recorded or curtailed. Telephone and letter contact with other persons is more closely regulated; the institution may, for reasons of security or investigation, monitor, restrict or, in exceptional cases, prohibit individual contacts, but each restriction is a reviewable administrative act.

Convicts have the right to adequate food, medical care, religious practice, exercise in the open air and participation in cultural and educational programmes as far as the institution provides them. They have a right to be heard before any decision affecting their legal position is taken, and they have a right to access their prison file, both directly and through their counsel. Disciplinary measures (warnings, restrictions of privileges, short-term transfer to a punishment cell) may only be imposed after a procedure that safeguards the right to be heard and is documented in writing. Every disciplinary decision and every other administrative act of the institution is amenable to complaint under §§ 120 et seq. StVG, first to the enforcement court at the Regional Court, then by second-tier complaint to the Higher Regional Court.

Beyond these core rights, three further instruments deserve mention. The petition for pardon (Gnadenbitte) under Article 65 (2) lit. c of the Federal Constitution is addressed to the Federal President and routed through the Federal Ministry of Justice; it is an instrument of last resort, statistically granted in very few cases, but occasionally decisive in humanitarian constellations (terminal illness, exceptional family circumstances). The interruption of sentence (Strafunterbrechung) under § 99 StVG allows the execution to be suspended temporarily on grave humanitarian or health grounds; the interrupted time does not count towards the sentence. Finally, the transfer application to a different institution, whether closer to home, to an open institution, or for therapeutic reasons, is a routine but important instrument that requires sober, written justification.

Foreign nationals, transfer of enforcement and related constellations

Convicts who are not Austrian citizens face additional layers. A residence authority procedure frequently runs alongside the criminal sentence: an expulsion order, a ban on residence or a ban on re-entry can be imposed after the conviction becomes final. On the day of release from prison, the convict is in many cases transferred not into freedom but into immigration detention (Schubhaft) pending removal, a separate legal track requiring its own review. More on this is available under immigration detention. Planning ahead for the day of release therefore means, for foreign convicts, clarifying the status of the residence procedure in good time and, where necessary, coordinating defence in both tracks.

For convicts who are nationals of another EU Member State and whose centre of life lies there, a transfer of enforcement under Council Framework Decision 2008/909/JHA into the home state is in principle possible. The mechanism allows the remaining sentence to be served in a prison of the home state, bringing the convict closer to family, language and post-release perspective. The procedure is, however, slow (typically six to twelve months), requires the consent of the home state and is not applied for mechanically, it must be argued for with concrete evidence of social and family ties. German nationals convicted in Austria make use of this path most frequently; Austria in turn receives transfers from other Member States under the same framework.

A further specific constellation concerns combined convictions with the forensic commitment track. Where the criminal court has in addition to the prison sentence ordered a placement under § 21 (2) StGB, the measure runs in parallel, and review decisions on the measure under §§ 24 et seq. StGB follow their own, typically annual rhythm. See preventive detention for the dedicated account. Anyone in this situation needs a coordinated strategy: an application for conditional release that is filed without regard for the pending measure review is a step in the wrong order.

Typical sources of error and the role of counsel

A few patterns explain why otherwise favourable files fail. Applications filed too late, a postponement filed after the admission date, a conditional-release application filed when the social prognosis report is already stale, a house-arrest application filed three weeks before the remaining term drops below 24 months (or twelve months for the catalogue offences under Section 156c(1)(1) StVG). Applications without substance, a tenancy contract that is not signed, an employer's confirmation that merely promises "we will see", a therapy letter that is two years old. Disciplinary record unaddressed, a positive drug test from month three not accompanied by a credible abstinence plan at the release hearing two years later. Family and post-release environment not documented, partner, siblings, employer, therapist, support group: every one of these relationships is a building block in the prognosis, and a short written statement from each is a small investment with outsized effect.

The role of defence counsel during execution is different from the trial stage. The sentence is no longer in dispute; what is in dispute is the administrative treatment of the sentence. That requires familiarity with the StVG, with the practice of the prisons and enforcement courts, and with the internal logic of classification, relaxation and prognostic assessment. We take over the preparation of applications (postponement, house arrest, conditional release, relaxations, transfer), the drafting of complaints against refusals, and the structural preparation of the file for the release date. In appropriate cases, legal aid (Verfahrenshilfe) can be applied for by analogy with §§ 61 et seq. StPO; the economic threshold and the type of proceedings decide whether it is granted.

Imprisonment in Austria is, from a legal perspective, a sequence of administrative decisions in which the convict is not a passive object but an applicant with rights. Those rights work best for the person who exercises them in good time, with complete documentation and with an eye on the decisive next step, the transition to relaxation, to house arrest, to conditional release. The time between the service of the summons and the day of release is, if used well, a chain of applications. Each link strengthens the next.

Detailed topics

Where we advise in detail.

01

Summons to commence and postponement (§ 6 StVG)

Service of the summons under § 3 StVG, the four-week window, grounds for postponement under § 6 StVG on economic, professional, family or health grounds. Which documents carry weight and how long a postponement is realistically granted.

02

Relaxations of execution (§§ 99, 99a, 126a, 147 StVG)

Accompanied and unaccompanied leave, day release (Freigang) under § 126a StVG and individual relaxations, requirements, evidence-based application route and the complaint route against refusals.

03

Conditional release (§ 46 StGB)

Two-thirds release as the standard case, half-sentence release as the exception (§ 46 (2) StGB), exceptional early release under § 46a StGB, the social prognosis report that actually convinces the enforcement court.

04

Electronic tag execution (§ 156b StVG)

Electronically monitored house arrest as a form of execution under § 156b StVG, the four cumulative requirements, the two routes before and from ongoing imprisonment, and revocation under § 156c StVG.

05

Pardon and interruption of sentence

Petition for pardon to the Federal President under Art 65 (2) lit c B-VG and interruption of sentence under § 99 StVG on humanitarian or health grounds.

06

Rights during execution

Complaint against disciplinary measures and administrative acts under §§ 120 et seq StVG, the duty to work and remuneration under §§ 44 et seq StVG, visit, telephone and letter rights under § 93 StVG.

07

Transfer of enforcement (Council Framework Decision 2008/909/JHA)

Transfer to a German prison or another EU Member State to serve the remainder closer to family and post-release perspective, timing, consent of the home state and strategic implications for conditional release.

Related topics

This may also be relevant to you.

Pre-trial detention

Detention appeals, release applications, custody hearings and reviews. We examine detention grounds (flight risk, risk of collusion, risk of reoffending) and advocate for your release.

Preventive detention

Forensic commitment under § 21 of the Austrian Criminal Code, dangerousness assessment, conditional release from preventive detention. Regular reviews and release applications.

House arrest & electronic tag

Electronically monitored house arrest as an alternative to detention. Requirements, application and procedure, we guide you through the entire process.
Recent posts

Recent posts on this topic

1 June 2026

Imprisonment in Austria: start of the sentence, execution, rights and routes to release

Overview of imprisonment in Austria: start of the sentence, execution plan, rights during execution, relaxations, electronically monitored house arrest and conditional release.

Imprisonment, well prepared is half won.

Whether summons to commence the sentence, relaxation of execution or conditional release, at every step, a well-prepared application decides the outcome. Arrange a consultation while there is still time to prepare the file.

+43 660 2407152 [email protected]
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