Articles & analysis.
Topics around deprivation of liberty, set out clearly for clients.
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.
Detention review and detention appeal: difference and procedure in pre-trial detention
Detention review and detention appeal compared: the periodic check under sections 175, 176 StPO and the appeal to the higher regional court under sections 87, 88 StPO.
Living with the electronic tag: work, exit times and revocation of house arrest
Living with the electronic tag: exit times and duties under section 156b StVG, the role of the employer and the grounds for revocation under section 156c StVG.
Detention appeal to the Federal Administrative Court in Austria, procedure and prospects of success
The detention appeal under § 22a BFA-VG to the Federal Administrative Court: what it reviews, the time limits, the urgent procedure and the consequences of a lifting.
Immigration detention in Austria, requirements, duration and what relatives can do right away
Immigration detention in Austria under § 76 FPG: requirements, maximum duration, less restrictive measures under § 77 FPG and what relatives should do in the first days.
Legal remedies and complaints in prison enforcement in Austria
Legal remedies in enforcement: complaint under Section 120 StVG within fourteen days, decision by governor and enforcement court, point-of-principle complaint to the OLG Vienna.
Conditional release from a prison sentence in Austria: half sentence, prognosis and hearing
Conditional release in Austria: decisive is half the sentence under Section 46 para 1 StGB, not two-thirds. Special-preventive prognosis, hearing under Section 152a StVG.
Electronic monitoring after commencing a prison sentence: the tag in Austrian prison enforcement
Electronic monitoring during a prison sentence in Austria: requirements under Sections 156c, 156d StVG, decision by the prison governor and complaint under Section 120 StVG.
Therapy and treatment in prison in Austria: addiction, mental health, sexual offences
Treatment in prison in Austria: addiction therapy (Section 39 SMG, Section 68a StVG), medical and psychological care (Sections 66, 68 StVG), social therapy as a path to release.
Medical Care in Prison in Austria: Rights, Treatment and Complaint
Medical care in Austrian prisons: health care under section 66 StVG, treatment under section 68 StVG, transfer under section 71 StVG, and a complaint on refusal.
Transfer to Another Prison in Austria: Grounds, Application and Remedies
Transfer to another prison in Austria: change of the place of imprisonment under section 10 StVG, grounds, application and procedure, and a complaint after refusal.
Prison Leave and Work Release in Austria: Ausgang, Freigang and Interruption
Relaxations of imprisonment in Austria: escorted leave, interruption, leave under section 99a StVG and work release under section 126 StVG, with application and complaint.
Enforcement plan in a prison sentence in Austria: what is planned, who decides, how to prepare
The enforcement plan in an Austrian prison sentence: classification under section 134 StVG, content and participation under section 135 StVG, and a complaint.
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.
Detention appeal, challenging the imposition, continuation or extension of pre-trial detention
Detention appeal under Sections 87 and 88 StPO: 14-day deadline, written submission to the Regional Court, decision by the Higher Regional Court.
Release application, how pre-trial detention can be lifted during proceedings
Options for lifting pre-trial detention that has already been imposed by means of a release application, lines of argument, procedure, prospects of success.
Detention hearing under Sections 174 ff StPO: presence, defence and review cycles
Detention hearing under Sections 174 ff StPO: rights of presence, defence role, repeat appointments (14 days, 1 month, 2 months) and appeal to the Higher Regional Court.
Electronic Monitoring in Pre-Trial Detention: Section 173a StPO, House Arrest with Ankle Tag in Austria
Electronically monitored house arrest under Section 173a CCP: form of executing pre-trial detention, not a less intrusive measure. Prerequisites, 14-day appeal, Section 156b StVG.
Less intrusive measures under Section 173(5) StPO: when they can replace pre-trial detention
Which less intrusive measures Section 173(5) StPO provides for, when they achieve the purpose of detention and how they are applied for.
Proportionality of Pre-Trial Detention: When Custody Tips Over
How the proportionality test under section 173 paragraph 1 StPO works in practice: offence severity, sentencing forecast, ECtHR line and OGH 11 Os 104/19g.
Grounds for Pre-Trial Detention in Austria, Flight, Collusion, Repeated Offending and Execution
The four grounds for pre-trial detention under section 173 paragraph 2 StPO: risk of flight, collusion, repeated offending and execution, indicators and less restrictive measures.
Strong suspicion under Section 173(1) StPO: the highest degree of suspicion in the investigative proceedings
What Section 173(1) StPO actually requires: how strong suspicion differs from initial and reasoned suspicion, who confirms it, and when it falls away.
Pre-trial detention in Austria: what it is, how it unfolds, who can decide what
Overview of pre-trial detention in Austria: requirements, four grounds for detention, course from arrest to review hearing, rights of the accused, less restrictive measures.
Pre-Trial Detention Conference for Juveniles: Practical Routes Out of Custody
How the pre-trial detention conference under section 35a JGG shortens custody for juveniles: subsidiarity assessment, less restrictive measures and detention appeal.
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