Food shopping in Austrian prison: weekly purchases under section 34, no general euro cap, prison funds, first purchase and complaints.
Mag. Christopher Angerer, Rechtsanwalt
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In Austrian imprisonment, prisoners may generally obtain approved food, tobacco products, toiletries and simple everyday items once a week through the institution. Section 34 of the Austrian Prison Act does not set a general euro price cap for every purchase.
The practical result depends on the approved prison catalogue, available prison funds or personal funds, and the institution’s decision. This article explains the statutory framework, the special first purchase after admission or transfer, and the complaint route.
Identify whether the issue concerns the weekly purchase, money or a refusal.
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The reason for the refusal and the source of funds determine the next review.
Section 34(1) permits approved food, tobacco products, toiletries and other simple everyday items once a week at the prisoner’s expense through the institution. Intoxicating substances may not be approved.
Sections 31(2) and 54(2) classify prison funds as the means for obtaining goods and services. For the first purchase after admission or transfer, section 34(2) also permits personal funds and, where funds are missing, an advance up to twice the hourly work remuneration in the highest pay grade.
Under section 120, a prisoner may complain about a decision or order affecting rights. Record the item, order day, reason, balance and service of the decision. For a decision, the general deadline is fourteen days.
Section 34(1) gives prisoners the right to obtain approved food and tobacco products once a week at their own expense. Toiletries and other simple everyday items are included. The purchase is made through the institution, meaning the prison’s ordering or distribution system applies.
The right concerns approved goods. Intoxicating substances may not be approved. Toiletries containing alcohol may be approved only where misuse is not to be expected. This does not create a right to every requested product or to orders outside the prison procedure.
Section 34 does not state a general euro ceiling for every weekly purchase. It regulates frequency, product groups, approval and the institution’s role. The concrete catalogue and ordering procedure must be distinguished from the statutory entitlement.
Funding follows the rules on prison funds and personal funds. Under section 31(2), goods and services obtained for payment are generally funded from prison funds unless the Act provides an exception. Section 54(2) makes prison funds available for goods and services in accordance with the Prison Act.
After admission or a change of the place of imprisonment, section 34(2) requires the institution to enable a first purchase of everyday items without delay and in an appropriate scope. Personal funds may also be used for this first purchase.
A prisoner without sufficient funds may request an advance. The Act caps that advance at twice the hourly work remuneration in the highest pay grade. Appropriate instalments are then withheld from prison funds. This rule concerns initial provision and is not a general monthly or weekly shopping limit.
Record the item, order day, product category, account balance and the institution’s reason. Where possible, make an oral statement traceable through a written decision or file note.
Section 120 permits a complaint against a decision or order affecting rights, and against related conduct by prison officers. A complaint against a decision generally must be submitted by the fourteenth day after announcement or service. It must identify the decision and state the reasons unless they are obvious. It is submitted in writing or orally at the time set by the prison governor to the responsible prison officer.
The statutory framework requires several distinct checks.
| Issue | Statutory basis | What to check |
|---|---|---|
| Weekly purchase Section 34(1) | Approved goods, institutional ordering, once a week | |
| Ongoing funding Sections 31(2) and 54(2) | Prison funds and statutory exceptions | |
| First purchase Section 34(2) | Personal funds or advance up to the statutory cap | |
| Refusal Section 120 | Decision, reasons, service and fourteen-day deadline |
The approved catalogue and ordering procedure of the institution must be assessed in the individual case.
Important: Section 34 does not set a general euro price cap for every purchase. A concrete restriction may result from the available balance, the approved catalogue or a decision based on prison law.
Generally yes, if the food or tobacco products are approved by the prison governor. The purchase is made once a week at the prisoner’s expense through the institution.
Section 34 does not state a general euro ceiling for the weekly purchase. Approval, available funds and the institution’s procedure are relevant.
For the first purchase after admission or a change of prison location, section 34(2) expressly allows personal funds. Ongoing paid goods are generally subject to the prison-funds rule in section 31(2), unless an exception applies.
An advance may be requested for the first purchase. It is capped at twice the hourly work remuneration in the highest pay grade and is offset against prison funds.
A decision or order affecting rights may be challenged under section 120. Secure the decision, reasons and the date of announcement or service.
Which items can be obtained through the institution.
How work remuneration and prison funds are classified.
Storage, return and complaints concerning personal items.
Documents and legal protection concerning prison correspondence.
Counsel and deadlines where funds are missing.
Overview of rights and duties in imprisonment.
Legal updates: Further plain-language information on detention, imprisonment and legal protection is available through the BRANDaktuellen Rechtsnews.
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