Country

Austria

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Penitentiary System Act (Strafvollzugsgesetz) The Federal Ministry Justice shall determine within six weeks of admission at the latest in which penal institution, in what form and according to what principles the sentence is to be executed. In making the determination, the nature of the detainee, his previous life, his personal circumstances (this includes relations to the family) and the nature of the offence of which he/she has been found guilty shall be taken into account to the extent necessary to ensure that the purposes of the execution of the sentence (which include the social rehabilitation) are achieved while making the best possible use of the prison facilities.
Penitentiary System Act (Strafvollzugsgesetz) Each institution shall be run as male or female institutions or in such a way that the male and female detainees held in the same institution are separated from each other.
Penitentiary System Act (Strafvollzugsgesetz) Defendants shall not be detained together with convicted detainees. Defendants who are in custody for the first time shall in any case be detained separately from convicted detainees.
Penitentiary System Act (Strafvollzugsgesetz) Detainees serving a custodial sentence for the first time shall be held separately from detainees who are not serving a custodial sentence for the first time. The detention of dangerous recidivists (gefährliche Rückfallstäter) shall in general be carried out in specially designated institutions or in special units of institutions for the execution of custodial sentences. Prison sentences imposed on juveniles (anyone who has reached the age of fourteen but not yet eighteen;) shall be executed in special institutions designated for this purpose, or, if possible, in special departments of other prisons.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2023If detainees cannot be transferred to their target institution as planned, they shall be offered an adequate therapy programme. Report details