Federal Constitutional Law of 29 November 1988 on the Protection of Personal Liberty

Body: 

Article 1 (1) Everyone has the right to liberty and security. (personal liberty) (2) No one may be arrested or detained on grounds other than those named in this Constitution of Republic of Austria or in a manner other than in accordance with the procedure prescribed by law. (3) The deprivation of personal liberty may be legally prescribed only if this is requisite for the purpose of the measure; deprivation of personal liberty may in any instance only occur if and inasmuch as this is not disproportionate to the purpose of the measure(…)Article 2(1) A person may in the following cases be deprived of his/her personal liberty in accordance with the procedure prescribed by law: 1. if judgment has been pronounced by reason of an offence to which a threat of penalty applies; 2. if he/she is suspected of a particular offence to which a threat of penalty by a legal or fiscal Handlung verdächtig ist, authority applies; a) o as to end to aggression or to establish at once the actual circumstances in so far as the suspicion arises from the close link in time to the occurrence or is due to his/her possession of a specific item, b) to prevent him/her from evasion of the trial or from interference with evidence, or c) to impede him/her in the case of an offence to which a threat of substantial penalty applies from the commitment of a similar offence or the effectuation of such; 3. for the purpose of bringing him/her before the competent authority on suspicion of being surprised in the commitment of an offence of administrative transgression if the arrest is necessary to ensure prosecution or for the prevention of further similar affence/s; 4. to enforce compliance with a valid judicial ruling or the fulfilment of any obligation prescribed by law; 5. if there is reason to presume that he/she is a source of danger for the spread of infectious diseases or due to psychic disorder endangers himself/herself or others; 6. or the purpose of necessary educational measures in the case of a mino 7. when necessary, to secure a proposed deportation or extradition.deportation or extradition.(…)Article 3 (1) Only a court may pronounce upon a deprivation of liberty for an offence to which a penalty applies.(…)Article 4(…) (5) A person arrested under Art. (2), para. 1, sub-para. 3 above shall, if the reason for the arrest has not already been obviated, be promptly delivered to the competent authority. He/she may on no account be detained for longer than 24 hours. (6) Everyone arrested shall at the earliest opportunity, if possible at the time of his arrest, be informed in a language which he/she unterstands of the reasons for his/her arrest and of any charge against him/her. The rights accorded by constitutional law to the lingual minorities remain unaffected. (7) Everyone arrested is entitled to have at his/her request a relative and a legal adviser of his/her own choosing notified without unnecessary delay of the arrest.Article 5 (1) Whoever is detained on suspicion of an offence to which a threat of penalty by a legal or fiscal authority applies is entitled within a reasonable time to termination of the proceedings initiated on account of the charge against him/her or to release pending trial.Article 6(1) Everyone arrested or detained is entitled to take proceedings in which a court or other independent authority decides on the lawfulness of the deprivation of liberty and if the detention is not lawful orders his/her release. The decision must be issued within a week unless the detention should have already ended. Article 7Everyone unlawfully arrested or detained shall have an enforceable right to full satisfaction including compensation for injury to other than material assets.

Type of law: 
National constitutional law
Charter article: 
Country: 
Austria