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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.

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7 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

Electronically monitored house arrest, colloquially the electronic tag (Fussfessel), is not a minor relaxation but a form of prison enforcement of its own, outside the institution. Anyone who meets the conditions serves the sentence at home, continues to go to work and stays with the family. This post shows when the tag comes into consideration after commencing the sentence, which conditions the law requires and how the procedure runs.

The legal foundations lie in Sections 156b ff StVG (Strafvollzugsgesetz, Prison Enforcement Act). They must be kept strictly separate from the tag in pre-trial detention, which Section 173a StPO (Strafprozessordnung, Code of Criminal Procedure) governs and which serves an entirely different purpose. Here it is solely about the enforcement of a final custodial sentence. From a legal perspective it pays to build the conditions early, because the tag turns on good preparation of accommodation, employment and social environment.

Does the tag come into consideration?

Before commencement, in transition or after refusal, where do you stand?

Electronically monitored house arrest follows different rules depending on the stage of proceedings and the offence. Choose the constellation that matches your situation, you will receive an assessment with concrete first steps and the right in-depth reading.

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01 Question 1

At which stage does the electronic tag question arise?

The electronic tag can replace detention in the institution from the outset or only take its place later. For certain serious offences narrower limits apply. Choose the constellation that comes closest to your situation.

All paths at a glance

Overview of all answers.

01

For a sentence up to 24 months, prepare the application under Section 156c StVG before commencing the sentence.

If the sentence to be served is no more than 24 months, the entire enforcement can take place from the outset as electronically monitored house arrest. Section 156c StVG requires suitable accommodation, appropriate employment, sufficient income for subsistence, health and accident insurance and the written consent of the persons living in the same household. The application is decided by the director (Anstaltsleiter) of the designated institution under Section 156d StVG, not by the court.

What to do now: First, assemble the evidence, that is proof of accommodation, employer confirmation or proof of self-employment, proof of insurance and the consent declarations of household members. Second, file the application in good time before commencing the sentence, so that detention in the institution need not begin at all. Third, involve the association NEUSTART, which inspects the dwelling and assesses its suitability.

In depth: Electronically monitored house arrest in imprisonment →
02

For a longer sentence, prepare the transition to the tag around three to six months before reaching the 24-month limit.

Even someone serving a longer sentence can switch to electronically monitored house arrest as soon as the sentence still to be served does not exceed 24 months. Section 156c StVG looks at the term still to be served, so the tag is not only a substitute for commencing the sentence but also an instrument in the further course of enforcement. Someone serving a 36-month sentence can spend the remaining 24 months at home after twelve months in the institution.

What to do now: First, build the conditions early, that is order accommodation, employment and social environment so that they hold when the limit is reached. Second, prepare the application around three to six months before the cut-off date, so that the handover is seamless. Third, anchor the matter in the enforcement plan (Vollzugsplan), so that relaxations and the tag perspective are coordinated.

In depth: Electronically monitored house arrest in imprisonment →
03

For catalogue offences the twelve-month limit applies, for sexual offences the bar under Section 156c para 1a StVG applies in addition.

For convictions for certain serious offences, the narrower limit of twelve months of remaining sentence applies. Section 156c para 1 StVG names, among others, murder, manslaughter, intentional grievous bodily harm, aggravated robbery under Section 143 para 2 StGB, the sexual offences of Sections 201 to 207b StGB and the terrorism offences of Sections 278b to 278g StGB. For the sexual offences of Sections 201 to 207b StGB and the terrorism offences, Section 156c para 1a StVG adds that the house arrest may only begin once the temporal requirements for conditional release under Section 46 StGB have been reached.

What to do now: First, have it examined whether the offence falls under the catalogue and which limit applies. Second, for sexual offences calculate the earliest possible start by reference to the time limit of Section 46 StGB. Third, document the therapeutic engagement with the offence, because here it is decisive both for approval and for a later conditional release.

In depth: Conditional release and the time limit of Section 46 StGB →
04

Against the institution director's refusal, consider the complaint to the enforcement court and remedy the defects.

If the institution director refuses the application, the decision must be reasoned. A blanket refusal is inadmissible, it always requires individual reasoning. Against the decision, the enforcement complaint (Vollzugsbeschwerde) under Section 120 StVG is available, on which the enforcement court (Vollzugsgericht) decides. Frequent grounds for refusal are unsuitable accommodation, missing or unclear employment, missing consent of household members or an unfavourable risk assessment.

What to do now: First, examine the reasoning of the refusal closely, it shows at which point the application failed. Second, remedy the criticised defects, for example demonstrate more suitable accommodation or secure employment, and file a new application. Third, in parallel consider the complaint to the enforcement court if the refusal appears legally flawed.

In depth: Rights during enforcement and complaint paths →

What the tag is in prison enforcement

Electronically monitored house arrest is a form of prison enforcement in which the custodial sentence is served not in the prison but at home. It is governed by Sections 156b ff StVG. The person concerned wears a transmitter on the leg, a receiving station in the dwelling monitors compliance with the set presence and movement times. Outside these times, a duty to be present in the dwelling applies.

The distinction from the tag in pre-trial detention is important. The electronic tag under Section 173a StPO replaces pre-trial detention before conviction and serves to secure the proceedings. The house arrest under Sections 156b ff StVG, by contrast, enforces an already final custodial sentence. Both bear the same everyday name but follow different statutes, different conditions and different responsibilities.

Together with the prisons, enforcement is the responsibility of the association NEUSTART (the association for probation services and social work). It inspects the dwelling, assesses its suitability and accompanies the enforcement. Violations, that is leaving the dwelling without excuse, manipulating the device or withdrawing cooperation, lead to transfer to the prison to serve the remaining sentence.

The conditions under Section 156c StVG

The central temporal threshold is the term still to be served of 24 months. It may not be exceeded. For convictions for certain serious offences, by contrast, the narrower limit of twelve months applies. Section 156c para 1 StVG names, among others, murder, manslaughter, intentional grievous bodily harm, aggravated robbery under Section 143 para 2 StGB, the sexual offences of Sections 201 to 207b StGB and the terrorism offences of Sections 278b to 278g StGB.

In addition come the personal conditions. Section 156c StVG requires suitable accommodation, appropriate employment, sufficient income for subsistence and health and accident insurance. The persons living in the same household must consent in writing, because the tag also affects their everyday life. Finally, after examining accommodation, social environment and risk, it must be assumed that the person concerned will not abuse this form of enforcement.

A special rule concerns the sexual offences of Sections 201 to 207b StGB and the terrorism offences. Under Section 156c para 1a StVG, in these cases the house arrest may only begin once the temporal requirements for conditional release under Section 46 StGB have been reached. The tag then takes the place of detention in the institution at the earliest at the point when a conditional release would in any case fall to be decided.

Which limit for which constellation

The tag in prison enforcement at a glance

Which temporal limit applies and which particularities take effect depends on the offence and the stage of proceedings. The overview orders the most important constellations, in the individual case a precise examination is required.

Electronically monitored house arrest by constellation, temporal limit and legal basis
Constellation Limit and legal basis What matters
Standard case Sentence or remaining sentence up to 24 months Remaining-sentence limit of 24 months under Section 156c para 1 StVG Accommodation, employment, income, insurance, consent of household members
Catalogue offence Murder, manslaughter, aggravated robbery and similar serious offences Narrower limit of twelve months under Section 156c para 1 StVG Early examination of the limit, same personal conditions
Sexual and terrorism offence Sexual offences Sections 201 to 207b StGB, terrorism offences Sections 278b to 278g StGB Twelve months and a bar until the time limit of Section 46 StGB under Section 156c para 1a StVG Start only from the point of possible conditional release
Distinction The tag in pre-trial detention Separate path under Section 173a StPO, not prison enforcement Different purpose, different responsibility, not to be confused

The application for electronically monitored house arrest in prison enforcement is decided under Section 156d StVG by the director of the designated institution, not by the court. Against a refusal, the enforcement complaint under Section 120 StVG to the enforcement court is available.

Application, decision and revocation

The application is decided under Section 156d StVG by the director of the designated institution, that is the prison located in the district court jurisdiction of the residence and equipped with the electronic monitoring technology. This is a frequent misunderstanding, because unlike many other enforcement questions it is not in the first instance the enforcement court that decides here but the institution director. With approval, the conditions of living and a cost contribution are imposed at the same time.

The evidence must be attached to the application, that is proof of accommodation, consent declarations of household members, employer confirmation or proof of self-employment and proof of insurance. For violent and sexual offences an opinion of the assessment office must be obtained, and the victim has rights to information and to be heard. In practice it pays to prepare the application for short sentences already before commencing the sentence and for longer sentences around three to six months before reaching the limit.

If the application is refused, the decision must be reasoned individually. Against the refusal, the enforcement complaint under Section 120 StVG to the enforcement court is available. Even after approval the house arrest remains revocable. Under Section 156c StVG it can be revoked if the conditions cease, the person concerned seriously violates orders, owes the cost contribution beyond one month, or there is an urgent suspicion of a new offence.

Frequently asked

What is often asked about the tag in prison enforcement.

Up to what sentence length is the tag possible? +

In the standard case, electronically monitored house arrest is possible if the sentence to be served or still to be served does not exceed 24 months. For convictions for certain serious offences, for example murder, manslaughter, aggravated robbery under Section 143 para 2 StGB, sexual offences of Sections 201 to 207b StGB or terrorism offences of Sections 278b to 278g StGB, the narrower limit of twelve months under Section 156c para 1 StVG applies.

Can I get the tag during a longer sentence as well? +

Yes. Section 156c StVG looks at the term still to be served. Someone serving a longer sentence can switch to house arrest as soon as only 24 months remain, twelve months for the catalogue offences. Someone serving a 36-month sentence can spend the remaining 24 months at home after twelve months in the institution. The transition should be prepared around three to six months in advance.

Who decides on the application? +

The application for electronically monitored house arrest in prison enforcement is decided under Section 156d StVG by the director of the designated institution, that is the prison in the district court jurisdiction of the residence. Contrary to what is often assumed, it is not the enforcement court that decides in the first instance here. Against a refusal, however, the enforcement complaint under Section 120 StVG to the enforcement court is available.

What conditions must my housing situation meet? +

Section 156c StVG requires suitable accommodation, appropriate employment, sufficient income for subsistence and health and accident insurance. The persons living in the same household must consent in writing. The dwelling must be spatially and technically suitable for electronic monitoring. NEUSTART inspects the dwelling and assesses its suitability.

Does anything special apply to sexual offences? +

Yes. For the sexual offences of Sections 201 to 207b StGB and the terrorism offences of Sections 278b to 278g StGB, not only the twelve-month limit applies but, under Section 156c para 1a StVG, additionally that the house arrest may only begin once the temporal requirements for conditional release under Section 46 StGB have been reached. The tag then takes the place of detention in the institution at the earliest at the point of possible conditional release.

What is the difference from the tag in pre-trial detention? +

The tag in pre-trial detention under Section 173a StPO replaces pre-trial detention before conviction and serves to secure the proceedings. The electronically monitored house arrest under Sections 156b ff StVG, by contrast, enforces an already final custodial sentence. Both bear the same everyday name but follow different statutes and different responsibilities and must not be confused.

In depth

Further topics on the tag and imprisonment

Electronically monitored house arrest in imprisonment

Conditions, application and everyday life of the tag as a form of prison enforcement, with a case example.

Conditional release, Sections 46, 47 StGB

How the tag and conditional release combine and when the time limit of Section 46 StGB applies.

Commencement and deferral of the sentence under Section 6 StVG

How to prepare for commencing the sentence and to file a tag application in good time.

Legal remedies and complaints in prison enforcement

The journal post on the enforcement complaint under Section 120 StVG, the path against a refusal.

Topics
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