Food parcels in Austrian prisons: why parcel delivery is prohibited, how parcels are opened and what matters for return or complaint.
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.
In Austria, food generally cannot be sent to a sentenced prisoner by parcel. Section 91(2) of the Prison Act contains an express prohibition. A parcel may be opened in the prisoner’s presence, but that does not make the food lawful property to be handed over.
The exact treatment matters: was the parcel refused, opened, retained or only partly handed over? This article explains the statutory rule, the handling of items under section 41 of the Prison Act and the remedies against a specific decision.
Choose the event you need to assess.
Leave your contact details. We reply within one working day. If a time limit is running, please also call us.
The legal consequence depends on whether food was sent, other items were checked or the parcel was refused.
Section 91(2) of the Prison Act prohibits sending food and beverages by parcel. The statutory alternative is to obtain food through the prison. Prisoners may use private funds once every quarter, up to 50% of the maximum exceptional work remuneration, for that purchase. This does not create a right to a food parcel.
Under section 91(1) of the Prison Act, incoming parcels are opened in the prisoner’s presence. Only items whose possession is permitted under the Act may be handed over. Food remains subject to the specific rule in section 91(2). Items that cannot be handed over are dealt with under section 41.
Section 41 of the Prison Act generally requires items that cannot be handed over to be recorded and stored. Items requiring special storage or liable to spoil must be refused. A food parcel may therefore be returned. Whether the prison returns, stores or otherwise deals with the specific parcel must be assessed from its contents and the documented decision.
Section 120 of the Prison Act allows prisoners to challenge a decision, order or conduct affecting their rights. The complaint must identify the event and state the reasons. The general time limit for a decision is fourteen days after it is announced or served. It must be filed in writing or orally at the time set by the prison governor.
Section 91(2) of the Prison Act expressly provides that food and beverages may not be sent by parcel. The prohibition concerns sending food from outside. The same provision sets out the statutory purchasing route: once every quarter, prisoners may use private funds up to 50% of the maximum exceptional work remuneration to obtain food.
This rule differs from the weekly purchase of approved goods through the prison under section 34. Section 34 concerns an institutional purchasing process. Section 91(2) concerns parcels sent from outside. Relatives cannot make a food parcel lawful by choosing approved or factory-sealed products.
Under section 91(1) of the Prison Act, parcels arriving for a prisoner are opened in the prisoner’s presence. The opening allows the contents to be checked. Only items whose possession is permitted under the Act may be handed over. The specific prohibition in section 91(2) still applies to food.
Opening a parcel therefore does not promise that its contents will be handed over. In a mixed parcel, each item must be assessed. Permitted items may be handed over, while other items are handled under the rules on stored property.
Section 41 of the Prison Act governs items that cannot be handed over. They are generally recorded and stored. Items requiring special arrangements or liable to spoil must be refused. This can result in a food parcel being returned.
The exact consequence depends on the contents and the prison procedure. A single rule for every returned parcel would go too far. The return reason, opening record, condition of the contents and any request to name a recipient should be preserved.
A complaint should make the event traceable: sender, shipping date, parcel number, contents, opening, items handed over, return and the prison’s reasons. An oral explanation should be confirmed in writing where possible or recorded in the prison file.
Section 120 allows a complaint against a decision, order or conduct affecting the prisoner’s rights. The general time limit for a decision is fourteen days after announcement or service. If the complaint concerns the prison governor and the governor does not remedy it, the enforcement court decides under section 121.
The consequence depends on the route taken by the goods and on the prison’s concrete action.
| Event | Legal basis | Practical consequence |
|---|---|---|
| Food in a parcel Section 91(2) Prison Act | Sending by parcel is not permitted | |
| Purchase through the prison Section 34(1) Prison Act | Approved food once a week at the prisoner’s expense | |
| Incoming parcel Section 91(1) Prison Act | Open in the prisoner’s presence | |
| Item that cannot be handed over Section 41 Prison Act | Record and store, refuse if perishable | |
| Complaint Sections 120 and 121 Prison Act | Record event, reasons and time limit |
The prison rules and the specific decision of the institution must also be checked.
Important: Opening a parcel does not create a right to receive food. Section 91(2) of the Prison Act prohibits sending food and beverages by parcel.
Section 91(2) of the Prison Act prohibits sending food and beverages by parcel. Food can generally be obtained through the purchasing system provided by the prison.
Incoming parcels are opened in the prisoner’s presence under section 91(1). Opening does not remove the prohibition on food parcels.
Section 41 generally applies to items that cannot be handed over. Perishable items or items requiring special storage must be refused. The concrete treatment should be documented.
Section 91(2) permits private funds to be used once every quarter, up to 50% of the maximum exceptional work remuneration, for obtaining food through the prison.
Section 120 permits a complaint against a decision or order affecting the prisoner’s rights. Parcel data, contents, reasons for return and the date of announcement or service should be secured.
Weekly purchases, funds and complaints about a refusal.
Permitted items, prison funds and private funds.
Rules for mail and inspections in the institution.
Records and time limits for reviewing an institutional decision.
Overview of rights and duties during imprisonment.
Legal updates: Receive new articles and legal guidance from the firm through BRANDaktuellen Rechtsnews.
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.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg