Life-threatening illness in prison: when the prison governor notifies relatives, which order applies and what to check for people abroad or after a death.
Mag. Christopher Angerer, Rechtsanwalt
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If a sentenced prisoner becomes life-threateningly ill or injured and cannot notify relatives personally, the prison governor must make the notification. Section 72(2) of the Austrian Prison Act governs the person to be contacted. The rule concerns information about the health emergency and its designated contact person, not the general organisation of visits or phone calls.
Three questions decide the issue: Did the prisoner designate someone? Where does that person live? And is the prisoner able to notify relatives personally? This article explains the statutory order, the special rule for people abroad and the corresponding notification after a death.
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The notification depends on the prisoner’s condition, a designated person and that person’s place of residence.
Section 72(2) of the Prison Act requires two conditions: the prisoner is dangerously ill or injured, and the prisoner is unable to inform relatives personally. The medical report and the concrete inability to communicate therefore matter for the assessment.
The prisoner’s designation takes priority over the statutory order among relatives. Section 72(2) also allows the prisoner to request that other people be notified. For a later review, record when and to whom the designation or request was made.
If no person was designated, the prison must notify the nearest person listed by law whose place of residence is known: first the spouse, then the oldest adult child, the father, the mother or the nearest other adult relative within the meaning of section 72 of the Criminal Code. If relatives are equally close, the oldest is notified.
Section 72(3) of the Prison Act applies subsection 2 by analogy to a prisoner’s death. A designated person and, if there is no designation, the statutory order therefore remain decisive. Notification of a life-threatening emergency and notification after death are separate events that should be recorded separately.
Section 72(1) of the Prison Act requires every illness or injury of a prisoner associated with danger to life, as well as certain illnesses or injuries subject to a reporting duty and every suspicion of such a condition, to be reported to the prison governor. This internal report provides the basis for dealing with the health event.
The notification of relatives under subsection 2 concerns a narrower situation. The prisoner must be dangerously ill or injured and unable to inform relatives personally. An ordinary illness or general health concern does not automatically trigger notification under this provision.
The prisoner may designate the person who is to be notified. That designation determines the contact for the specific notification. The rule creates a personal allocation instead of sending a general message to every relative.
At the prisoner’s request, the prison governor must also notify other people. It is therefore useful to distinguish a known contact person from an additional request for the particular emergency. Names, contact details and the time of the request are important for later questions.
If the prisoner designated no particular person, the prison must notify the nearest person listed by law whose place of residence is known. The order begins with the spouse, followed by the oldest adult child, the father, the mother and the nearest other adult relative within the meaning of section 72 of the Criminal Code.
Age decides between relatives who are equally close. The prison must therefore identify the possible relatives and establish which places of residence are known. Relatives can assist by keeping the relationship, birth order and current contact details organised.
Under section 72(2) of the Prison Act, a person living abroad is notified only if none of the possible relatives lives in Austria. The place of residence of other possible relatives can therefore determine who is contacted.
For a death, section 72(3) provides that subsection 2 applies by analogy. The prison must therefore notify the designated person or, if no person was designated, the person identified through the statutory order. The notification after death should be documented separately from the earlier health emergency.
For clarification, collect the prisoner’s name, the institution, the time of the health event and the known family situation. Also record any indication of a designated person, an additional request and the places of residence of possible relatives.
Ask the prison calmly to explain the notification and the person selected. If the issue also concerns treatment or access to records, a separate review of medical care in prison may be necessary. General messages and contact options are governed separately by the rules on phone calls from prison.
The concrete situation determines which person is to be notified.
| Situation | Relevant rule | Question to check |
|---|---|---|
| Person designated Section 72(2) Prison Act | Who was designated? | |
| No person designated Statutory order | Who is the nearest known person? | |
| Relatives equally close Age rule | Who is the oldest person? | |
| Person abroad Residence in Austria first | Does a possible relative live in Austria? | |
| Death Section 72(3) Prison Act | Was the rule applied by analogy? |
The family situation and known places of residence must be assessed in the individual case.
Important: Notification under section 72(2) requires a life-threatening illness or injury and the inability to notify relatives personally. The prison does not automatically notify every relative.
If the prisoner cannot notify relatives personally because of a life-threatening illness or injury, the prison governor must make the notification under section 72(2) of the Prison Act.
Yes. If the prisoner designated a person, that person is to be notified. At the prisoner’s request, the prison governor must also notify other people.
Without a designation, the order is spouse, oldest adult child, father, mother and nearest other adult relative. If relatives are equally close, the oldest is notified.
A person abroad is notified under section 72(2) only if none of the possible relatives lives in Austria.
Yes. Section 72(3) of the Prison Act applies the rule in subsection 2 by analogy to the death of a prisoner.
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