( § ) Forced marriage | Harlander & Partner Rechtsanwälte GmbH

Forced marriage

Forced marriage
objective elements of the offence
- Steps of legal assessment
Distinction from other offences
- Concurrences:
Burden of proof and evaluation of evidence
Practical example
subjective elements of the offence
Culpability and mistakes
Extinction of punishment and diversion
- Diversion:
- Exclusion of Diversion:
Sentencing and consequences
- Aggravating Factors Exist in Particular If
- Mitigating Factors Include
Penalty Range
Monetary Penalty – Day-fine System
Imprisonment and (partially) suspended sentence
Jurisdiction of the courts
Civil claims in criminal proceedings
Overview of criminal proceedings
Rights of the accused
Practical guidance and behavioural advice
Your Benefits with Legal Assistance
FAQ – Frequently Asked Questions

Forced marriage

Forced marriage according to § 106a StGB exists if a person is forced into a marriage or registered partnership not of their own free will, but due to massive family, social or economic pressure. A characteristic feature is that even the threat of breaking off family relationships is sufficient as a qualified means of coercion. Often several family members work together; traditionally justified role models, economic interests or motives under residence law play a central role. The standard protects the right to enter into a marriage exclusively on the basis of an independent and voluntary decision and sets clear limits where social or psychological coercion effectively eliminates freedom of choice.

A forced marriage means that a person is forced into a marriage or registered partnership against their true will under massive family or other pressure, and that threats of violence, economic deprivation or the breaking off of family relationships make free consent a mere facade.

Forced marriage as per § 106a of the Criminal Code (StGB) explained in an understandable way. When violence, threats, or family pressure are punishable and what the consequences are.

objective elements of the offence

The objective element of § 106a StGB Forced Marriage includes any externally recognizable act by which a person is induced by force, by dangerous threats or by the threat of breaking off or withdrawing family contacts to marry or to establish a registered partnership. The decisive factor is that the means used influence the free and personal decision about a marriage or partnership in such a way that genuine voluntariness no longer exists. The standard protects freedom of choice in a particularly sensitive area of life, namely the commitment to a legally effective partnership, and covers situations in which family, social or psychological pressure creates a situation of duress that excludes an autonomous decision.

The offense covers any situation in which a person is induced by force, by a dangerous threat or by the threat of breaking off or withdrawing family relationships to enter into a marriage or registered partnership or to travel to another country for this purpose. The objectively recognizable pressure must be designed in such a way that it gives the person concerned compelling reasons to comply with the demand. The inner motivation of the persons acting is irrelevant. The decisive factors are exclusively the external circumstances and their actual effect on freedom of choice.

In the foreign context, the objective element also includes any act by which a person is induced or taken to another country by deception, by force, by dangerous threats or by the threat of breaking off or withdrawing family contacts in order to be forced into a marriage or registered partnership there.

Steps of legal assessment

Perpetrator:

The perpetrator can be any person who uses or participates in one of the coercive measures mentioned. This also includes people who pass on threats, build up family pressure or help organizationally to enforce a forced marriage.

Object of the Offense:

The victim can be any person who is forced into marriage or into establishing a partnership by the means used. What is protected is the ability to make such a decision freely and without pressure.

Act:

Objectively, the offense covers any behavior by which one of the following means is used:

Violence

Physical actions aimed at forcing someone to marry or enter into a partnership.

Threat of Harm

Announcement of an evil that triggers justified fear, such as:

Threat of physical violence,
Threat of severe abuse,
Threat of significant personal or economic disadvantages.

Such threats create a situation in which the victim realistically no longer has a free choice.

Threat of breaking off or withdrawing family contacts

A legally explicitly named means of coercion. Threats such as the following are covered:

complete exclusion from the family,
Loss of central family support,
social or economic exclusion within the family network.

These means are typically suitable for building up considerable psychological pressure.

Deception about the destination of a transfer abroad

The person is deceived that a forced marriage or partnership is to take place abroad.

Coercion to leave the country

Violence, dangerous threats or the withdrawal of family contacts are used to induce the person concerned to leave the country to another state.

Transportation to another state

The person concerned is taken to another country by force or by taking advantage of a mistake so that they are forced to marry there.

Result of the Offense:

The offense is completed if, as a result of the coercion, the person concerned

enters into a marriage or registered partnership,
goes to another state, or
is taken to another state,

because this is related to the planned forced marriage. Additional damage is not required.

Causality:

Causal is any action without which the forced success would not have occurred or not in this form. Preparatory or supportive contributions can also be causal if they enable or reinforce the coercion.

Objective Attribution:

The success is objectively attributable if the perpetrator’s behavior has created or increased a legally disapproved danger to the freedom of choice with regard to marriage or partnership and this danger materializes as a result. Usual family advice or social pressure without coercive character is not sufficient for this.

Peter Harlander
Harlander & Partner Rechtsanwälte „Die Abgrenzung gelingt nur, wenn man erkennt, worauf der Zwang konkret abzielt und welche Mittel eingesetzt wurden.“

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Distinction from other offences

The offense of forced marriage exists if a person is forced into marriage or into establishing a registered partnership by violence, dangerous threats or by the threat of breaking off family contacts. Decisive is an intense, externally recognizable coercion that completely undermines freedom of choice in a particularly sensitive area of life. The focus is not on any kind of influence, but on an enforced life commitment that would never have been entered into without the means of coercion.

Section 102 of the Criminal Code – Extortionate Kidnapping: This offense requires a situation of control that is used to exert pressure on a third party. The focus is on the situation of extortion. § 106a StGB, on the other hand, concerns the direct coercion to marry against the victim themselves, including departure or transfer abroad. Overlaps only exist if an abduction also serves to force a person into marriage or to leave the country for the purpose of forced marriage.
§ 105 StGB – Coercion: Simple coercion forms the basic offense. § 106a applies if the coercion is directed at the marriage or registered partnership and one of the expressly mentioned means of coercion (violence, dangerous threat or family break-up) is used. As soon as these requirements are met, § 106a StGB replaces simple coercion.
§ 107 StGB – dangerous threat: The dangerous threat is an independent offense and does not require marriage or any other action. § 106a StGB, on the other hand, requires that the threat actually serves to induce a person to marry or to leave the country. Where a threat is punishable in itself, but no pressure is exerted to marry, § 107 StGB remains. However, if the threat is used to force a marriage, § 106a StGB applies.

Concurrences:

Genuine Concurrence:

Genuine concurrence exists if further independent offenses are added to the forced marriage, such as deprivation of liberty under § 99 StGB, bodily harm, dangerous threats or offenses in connection with departure or transfer abroad. § 106a StGB replaces the basic offense of simple coercion as soon as its requirements are met. Other independent offenses remain.

Spurious Concurrence:

A displacement according to the principle of specialty only comes into consideration if a more specific offense completely covers the entire coercive situation. § 106a StGB is special law compared to § 105 StGB, as it requires a specific purpose (marriage) and qualified means of coercion. In all other cases, coercion remains.

Multiple Offenses:

Anyone who forces several people to marry or takes them to different countries at different times or in several separate processes commits several independent acts. The individual processes are assessed separately.

Continued Action:

A longer-lasting coercive situation constitutes a single act as long as violence or threats are maintained without significant interruption and the coercion pursues the same purpose, such as marriage or departure for forced marriage. The act ends as soon as the coercion or the purpose of the influence ceases.

Burden of proof and evaluation of evidence

Public Prosecutor’s Office:

The public prosecutor’s office bears the burden of proof for the existence of violence, dangerous threats or the threat of breaking off family contacts as well as for their concrete impact on the victim’s freedom of choice. In particular, it must prove that one of these coercive measures was used to force the person concerned to marry or to establish a registered partnership or to induce them to leave or be taken abroad. It must also be proven that the influence was serious, objectively suitable and externally recognizable and thus created a coercive situation from which the victim could not escape. Finally, the causal connection between the means of coercion used and the forced marriage, the forced journey or the transfer to another state must be established.

Court:

The court examines and assesses all evidence in the overall context and excludes unsuitable or illegally obtained evidence. It assesses whether the coercion to marry or to leave the country is objectively apparent and whether threat, violence or family break-up actually break the free will. It determines whether the victim marries or leaves the country as a result of this influence. In addition, the court determines whether there is an offense-specific coercive mechanism that reaches the necessary intensity of intervention and impairs the protected freedom of choice in a particularly serious way.

Accused Person:

The accused person has no burden of proof. However, they can raise doubts about the alleged quality or intensity of the means of coercion used, about the actual effect on the formation of will or about the causal connection between threat, violence, family break-up and the victim’s behavior. They can also point to contradictions, gaps in evidence or unclear expert opinions.

Typical evidence includes video or surveillance recordings, digital messages, chat logs, audio recordings and location data that indicate threats, violence or prepared pressure. Family communications in which a break-up or social exclusion is announced are particularly important. Medical reports, psychological reaction patterns and other traces that confirm the pressure exerted are also relevant. In complex situations, psychological or medical reports may be necessary to objectively classify the actual coercive effect.

Sebastian Riedlmair
Harlander & Partner Attorneys „Beim Vorsatz zählt, ob der Täter die Brechung der Entscheidungsfreiheit zumindest billigend in Kauf genommen hat.“

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Practical example

Threat of family exclusion: The family announces that it will completely break off contact and “no longer recognize the person concerned as a family member” if they do not enter into the planned marriage. The threat creates considerable psychological pressure and fulfills the coercive situation.
Threat of violence if refused: A relative demands immediate consent to the marriage and says: “If you don’t agree, you’ll see what happens.” The threat of serious abuse is sufficient to establish a coercive situation.
Deception about a trip abroad: A young woman is lured to another country under the pretext of a family visit. Only there is she told that she “must” marry and that otherwise she will have to expect serious consequences. The deception in connection with the threatening sanction fulfills the offense.

These examples show that forced marriage begins where violence, dangerous threats or the loss of family relationships are used to induce a person to enter into a marriage or registered partnership. The decisive factor is the intensity of the pressure, which completely displaces the free decision. It is irrelevant whether the threat is actually implemented; what is decisive is already the suitability of the influence to force a marriage.

subjective elements of the offence

The perpetrator acts intentionally. They know or at least seriously accept that they are inducing a person by violence, by a dangerous threat or by the threat of breaking off family contacts to marry or to enter into a registered partnership. They recognize that their influence is intended to bring about an enforced life commitment and that the pressure exerted impairs the victim’s free decision about a marriage in a particularly intensive way, and consciously accepts this coercive effect.

It is required that the perpetrator understands that the means used is objectively suitable to induce the person concerned to marry, to establish a partnership or to leave or be taken abroad. It is sufficient that they consider the special effect of the means of pressure used to be possible and accept this effect. A further-reaching intention is not required; it is sufficient that the conditional intent that the victim gives in due to the threatened or exercised measures.

There is no intent if the perpetrator seriously assumes that the person is entering into the marriage voluntarily and does not have to understand the influence as coercion. This applies in particular to cases in which the perpetrator mistakenly assumes that the victim agrees to the marriage or does not feel affected by the threat. Anyone who believes that the person concerned would marry even without family pressure, without violence or without threats does not fulfill the subjective element.

The decisive factor is that the perpetrator consciously creates a coercive effect or at least accepts it and recognizes that their behavior has a particularly drastic effect on the decision about the marriage. Anyone who knows or at least tacitly accepts that violence, dangerous threats or the break-up of family contacts break the free will acts intentionally and thus fulfills the subjective element of forced marriage.

Peter Harlander
Harlander & Partner Rechtsanwälte „Bei Schuld und Irrtum zeigt sich, wie eng Vorsatz, Vermeidbarkeit und persönliche Einsicht zusammenwirken.“

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Culpability and mistakes

Mistake of prohibition:

A mistake of prohibition only excuses if it was unavoidable. Anyone who engages in conduct that recognizably interferes with the rights of others cannot claim that they did not recognize the illegality. Everyone is obliged to inform themselves about the legal limits of their actions. Mere ignorance or a reckless error does not absolve one of responsibility.

Principle of culpability:

Only those who act culpably are punishable. Intentional offenses require that the perpetrator recognizes the essential events and at least accepts them as a possibility. If this intent is lacking, for example, because the perpetrator mistakenly assumes that their behavior is permitted or is voluntarily supported, at most negligence exists. This is not sufficient for intentional offenses.

Incapacity to be held accountable:

No guilt is attributed to someone who, at the time of the offense, was unable to recognize the injustice of their actions or to act in accordance with this insight due to a severe mental disorder, a pathological mental impairment, or a significant inability to control their actions. In case of corresponding doubts, a psychiatric assessment will be obtained.

Excusable state of necessity:

An excusable state of necessity may exist if the perpetrator acts in an extreme situation of duress in order to avert an acute danger to their own life or the lives of others. The behavior remains unlawful but can have a mitigating or excusing effect if there was no other way out.

Putative self-defense:

Anyone who mistakenly believes that they are entitled to an act of defense acts without intent if the error was serious and comprehensible. Such an error can reduce or exclude guilt. However, if a breach of duty of care remains, a negligent or mitigating assessment comes into consideration, but not a justification.

Extinction of punishment and diversion

Diversion:

Diversion is only possible in absolute exceptional cases in the case of forced marriage. The offense requires a particularly burdensome means of coercion, namely violence, dangerous threats or the threat of breaking off family contacts in order to force a person to marry or enter into a registered partnership or to induce them to leave the country. Such means generally establish a considerable guilt, which is why a diversionary settlement only comes into consideration if the coercive situation is in the lower intensity range or, in exceptional cases, there is exceptionally low guilt.

Diversion may be considered if

the guilt of the perpetrator is minor,
the means of coercion used was only very weakened,
the victim was not permanently or significantly intimidated,
no prolonged or systematically built-up family or social pressure was exerted,
the facts are clear and straightforward,
and the perpetrator is immediately amenable to reason.

If diversion is considered, the court can order monetary payments, community service, or victim-offender mediation.
Diversion leads to no conviction and no criminal record entry.

Exclusion of Diversion:

Diversion is excluded if

severe violence or significant detriment was threatened,
family exclusion or social pressure of a particularly severe nature was threatened,
the victim was subjected to an intense coercive situation for a prolonged period,
the marriage abroad was prepared or carried out by means of deception, violence, or forced transport,
a severe detriment has occurred,
or the conduct as a whole constitutes a serious violation of personal autonomy.

Only with minimal culpability and immediate remorse can the court examine whether an exceptional case exists. In practice, diversion in forced marriage remains an extremely rare option.

Sebastian Riedlmair
Harlander & Partner Attorneys „Die Strafzumessung spiegelt wider, wie intensiv der Druck war und wie tief die Folgen für das Opfer reichen.“

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Sentencing and consequences

The court determines the penalty based on the severity of the coercive measure employed, the intensity of violence, threats, or family pressure, and the specific consequences the coercive situation had for the victim. It is crucial whether the perpetrator uses a particularly burdensome means, such as massive violence, a serious dangerous threat, or the severance of central family contacts, and whether this pressure was applied systematically, repeatedly, or to an increased degree. It is also relevant whether the victim was compelled to marry, to enter into a partnership, or to depart or be transferred abroad, and what impact this had on their life.

Aggravating Factors Exist in Particular If

the threat involves a particularly grave harm,
the victim was subjected to prolonged family or social coercion,
the influence appears realistic, immediate, and compelling,
the victim was to be transferred to another state through deception or pressure,
violence of considerable intensity is employed,
a particularly severe personal or social detriment has occurred,
or relevant prior convictions exist.

Mitigating Factors Include

Impeccability,
a full confession and demonstrable remorse,
an immediate cessation of coercion,
serious efforts towards redress,
an exceptional psychological stress situation for the perpetrator,
or excessively long proceedings.

A court may prison sentence conditionally suspend if it does not exceed two years and the offender has a positive social prognosis. In the case of aggravated coercion, the

Penalty Range

Forced marriage is punishable by imprisonment from six months to five years. The offense requires that a person is compelled to marry or enter into a registered partnership through violence, through dangerous threats, or through the threat of severing family contacts. This coercive mechanism constitutes a significant injustice, which is why the legislator provides a clear, undifferentiated penalty framework.

For particularly serious constellations, the law does not provide for a separate qualified penalty framework; however, paragraph 2 of forced marriage extends criminal liability to cases in which the affected person is induced by deception, by violence, by dangerous threats, or by family pressure to go to another state, or is actually transferred to another country by exploiting an error to be forced into marriage there. The same penalty framework of six months to five years also applies to these cases.

A withdrawal of the threat, a later abandonment of the coercive intent, or a short-term de-escalation of the situation does not lead to a statutory reduction in punishment. Such circumstances can only be considered within the scope of sentencing, but not in the statutory limitation of the penalty framework.

Peter Harlander
Harlander & Partner Rechtsanwälte „Das Tagessatzsystem sorgt dafür, dass Geldstrafen spürbar bleiben und sich gleichzeitig an den wirtschaftlichen Verhältnissen orientieren.“

Monetary Penalty – Day-fine System

Austrian criminal law calculates monetary penalties according to the day-fine system. The number of day-fines depends on the guilt, the amount per day depends on the financial capacity. In this way, the penalty is adapted to the personal circumstances and yet remains noticeable.

Range: up to 720 day-fines – at least 4 euros, at most 5,000 euros per day.
Practical formula: Approximately 6 months imprisonment corresponds to around 360 day-fines. This conversion serves only as orientation and is not a rigid scheme.
In case of non-payment: The court can impose a substitute custodial sentence. As a rule, the following applies: 1 day of substitute custodial sentence corresponds to 2 day-fines.

Note:

In cases of forced marriage, a monetary penalty is only considered in exceptional circumstances. Since the offense is based on violence, dangerous threats, or severing family contacts to compel a marriage, this practically almost always leads to imprisonment.

Imprisonment and (partially) suspended sentence

§ 37 StGB: If the statutory penalty ranges up to five years, the court may impose a monetary penalty instead of a short prison sentence of no more than one year. This possibility also exists for forced marriage, as the basic penalty framework is also six months to five years. In practice, however, § 37 StGB is applied cautiously because the coercive means typical for forced marriage, such as violence, dangerous threats, or severing family contacts, regularly demonstrate a significantly higher degree of injustice and therefore suggest imprisonment.

§ 43 StGB: A prison sentence can be conditionally suspended if it does not exceed two years and the perpetrator has a positive social prognosis. This possibility also exists for forced marriage. However, it is less frequently granted because the build-up of massive family pressure, the use of threats, or the preparation of a marriage against the will of the affected person typically express significant culpability. Conditional suspension is therefore only realistic if the coercive measure in the specific case is at the lower end of the threshold and no lasting intimidation has occurred.

§ 43a StGB: Partial conditional suspension allows for the combination of an unconditional and a conditional part of a prison sentence. It is possible for sentences between more than six months and up to two years. Since prison sentences in this range can regularly be imposed for forced marriage, partial conditional suspension is generally considered. However, in cases involving particularly intense family pressure, use of violence, or transfer abroad, it is applied much more cautiously.

§§ 50 to 52 StGB: The court can additionally issue instructions and order probation assistance. Particularly relevant are contact bans, anti-violence programs, reparation for damages, or therapeutic measures. The goal is stable legal probation and the prevention of further coercive situations. In cases of forced marriage, special attention is paid to the protection of the affected person and the binding prevention of further family or social influence.

Sebastian Riedlmair
Harlander & Partner Attorneys „Zuständig bleibt das Gericht, das den Wert der persönlichen Freiheit und die Schwere des Eingriffs sachlich einordnen kann.“

Jurisdiction of the courts

Subject-matter Jurisdiction

In cases of forced marriage according to § 106a StGB, the Regional Court as a lay assessors’ court generally decides, as the penalty framework is six months to five years, thus constituting a misdemeanor that no longer falls within the jurisdiction of the District Court. The typical coercive means such as violence, dangerous threats, or the threat of severing family contacts justify an increased intensity of intervention, which opens up the decision-making competence of the Regional Court.

The District Court has no jurisdiction. As soon as the elements of the offense under § 106a StGB are met, or it becomes apparent during the proceedings that the conduct corresponds to the described coercive situation, only the Regional Court has jurisdiction.

A jury trial is not provided for, as the penalty, even in variants involving transfer abroad, does not include life imprisonment, and thus the legal requirements for a jury are not met.

Local Jurisdiction

The court of the place of offense has jurisdiction. Particularly relevant is

where the threat or violence was exerted,
where family pressure was built up,
where the affected person was compelled to marry,
or where the departure or transfer to another state was initiated.

If the place of the offense cannot be clearly determined, the jurisdiction is based on

the residence of the accused person,
the place of arrest,
or the seat of the competent public prosecutor’s office.

The proceedings are conducted where a practical and orderly implementation is best guaranteed.

Hierarchy of Courts

An appeal to the Higher Regional Court is possible against judgments of the Regional Court. Decisions of the Higher Regional Court can then be challenged by means of a plea of nullity or further appeal to the Supreme Court.

Civil claims in criminal proceedings

In cases of forced marriage according to § 106a StGB, the victim themselves or close relatives can assert private civil claims in criminal proceedings. Since the offense is typically based on violence, dangerous threats, or the threat of severing family contacts, higher claims for pain and suffering, costs of psychological care, loss of earnings, and compensation for emotional or physical consequences are often at stake.

The private party joinder suspends the statute of limitations for all asserted claims as long as the criminal proceedings are pending. Only after a legally binding conclusion does the limitation period begin to run again, insofar as the claim has not been fully awarded.

Voluntary reparation for damages, such as a sincere apology, financial compensation, or active support for the affected person, can have a mitigating effect on the sentence, provided it is timely, credible, and complete.

However, if the perpetrator threatened violence, dangerous threats, or the severance of family contacts, pressured the person, built up prolonged family or social coercion, or compelled them to depart or transfer to another state, later reparation generally largely loses its mitigating effect. In such coercive situations, subsequent compensation can no longer decisively relativize the injustice committed.

Peter Harlander
Harlander & Partner Rechtsanwälte „Ein klarer Überblick über das Strafverfahren verhindert Fehler in den ersten Stunden, die später kaum korrigierbar sind.“

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Overview of criminal proceedings

tart of investigation: formal suspect status upon concrete suspicion; from that point onward, full rights of the accused apply.
Police / Public Prosecutor: the public prosecutor directs the proceedings, the criminal police conduct the investigation; objective: dismissal of the case, diversion, or indictment.
Interrogation of the accused: prior instruction on rights; involvement of a defense attorney leads to postponement; right to remain silent remains unaffected.
Access to the case file: available at the police, public prosecutor’s office, or court; also includes evidence items (insofar as the purpose of the investigation is not jeopardized).
Main hearing: oral taking of evidence and judgment; decision on civil claims joined to the criminal proceedings.

Rights of the accused

Information & defense: right to notification, legal aid, free choice of defense counsel, translation assistance, and submission of evidence motions.
Silence & counsel: right to remain silent at any time; if a defense attorney is requested, the interrogation must be postponed.
Duty to inform: prompt notification of suspicion and rights; exceptions only permitted to safeguard the purpose of the investigation.
Practical access to files: investigation and trial records; access by third parties is restricted to protect the accused.

Sebastian Riedlmair
Harlander & Partner Attorneys „Die richtigen Schritte in den ersten 48 Stunden entscheiden oft darüber, ob ein Verfahren eskaliert oder kontrollierbar bleibt.“

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Practical guidance and behavioural advice

Maintain silence.
A brief statement is sufficient: “I am exercising my right to remain silent and will first speak with my defense counsel.”
This right applies from the very first interrogation by the police or the public prosecutor.
Contact defense counsel immediately.
No statement should be made without access to the investigation files. Only after reviewing the files can the defense assess which strategy and evidence preservation measures are appropriate.
Secure evidence immediately.
Obtain medical reports; take photographs with date and scale and, where appropriate, X-ray or CT images. Store clothing, objects, and digital records separately. Prepare a witness list and contemporaneous recollection notes within two days at the latest.
Do not contact the opposing party.
Your own messages, calls, or posts may be used as evidence against you. All communication should take place exclusively through your defense counsel.
Secure video and data recordings in time.
Surveillance videos from public transport, venues, or property management systems are often automatically deleted after only a few days. Requests for data preservation must therefore be submitted immediately to the operators, the police, or the public prosecutor’s office.
Document searches and seizures.
In cases of house searches or seizures, you should request a copy of the warrant or record. Note the date, time, persons involved, and all items taken.
In case of arrest: make no statements about the matter.
Insist on immediate notification of your defense counsel. Pre-trial detention may only be imposed if there is strong suspicion of guilt and an additional ground for detention. Less severe measures (e.g., pledge, reporting duty, contact ban) must take precedence.
Prepare compensation for damages strategically.
Payments or offers of reparation should be handled and documented exclusively through defense counsel. Structured compensation for damages has a positive effect on diversion and sentencing.

Your Benefits with Legal Assistance

Proceedings for forced marriage are among the most demanding areas of criminal law. The accusations concern interventions in a highly sensitive area of life, such as violence, dangerous threats, or family pressure intended to compel a marriage. It is always crucial whether the alleged influence was actually capable of breaking the free decision regarding a life commitment. Even minor differences in the sequence of events, intensity, or family situation can fundamentally alter the legal assessment.

Early legal representation ensures that evidence is fully gathered, statements are correctly classified, and both incriminating and exculpatory circumstances are carefully analyzed. Only a structured examination reveals whether a coercive situation in the sense of the law truly exists, or whether statements have been exaggerated, misunderstood, or placed in an incorrect context.

Our law firm

examines whether violence, threats, or family pressure actually reach the legal threshold,
analyzes messages, statements, and family dynamics for ambiguities and contradictions,
protects you from premature assessments and one-sided conclusions,
and develops a clear defense strategy that comprehensibly presents the actual course of events.

Professional legal assistance ensures that the accusation of forced marriage is legally precisely examined and that the proceedings are conducted on a complete and balanced factual basis.

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FAQ – Frequently Asked Questions

What legally constitutes forced marriage in Austria?

Forced marriage exists when a person is compelled to marry or enter into a registered partnership not of their own free will, but through violence, dangerous threats, or massive family pressure. The decisive factor is that the pressure completely overrides the free decision, rendering consent merely a facade. It is sufficient for the threats or sanctions to appear realistic and serious from the victim’s perspective. Cultural or traditional justifications are legally irrelevant because the law protects individual freedom of decision.

Is family pressure without physical violence sufficient for a forced marriage?

Yes, family pressure can be sufficient for a forced marriage if the family threatens, for example, with complete severance of contact, social exclusion, or significant economic disadvantages. The decisive factor is that this pressure effectively compels the affected person to consent to the marriage. Physical violence is therefore not a prerequisite, as the law explicitly also covers the threat of severing family relationships. The closer the family ties, the more significant this psychological coercion becomes.

What penalty is imposed for forced marriage under § 106a StGB?

Forced marriage is punishable by imprisonment from six months to five years. This penalty framework applies both to domestic cases and to situations where someone is compelled to leave the country or is transferred to another country to be forced into marriage there. In sentencing, the court particularly considers the intensity of violence, threats, and family pressure. The duration of the coercive situation and the specific consequences for the victim also influence the extent of the punishment.

What can I do if my family is pressuring me into marriage?

If your family is exerting strong pressure for you to marry, you should contact a trusted person, a counseling center, or the police. Document threats, messages, and conversations as thoroughly as possible so that the coercive situation can be proven later. You can also apply for protective measures, such as restraining orders or contact bans, to reduce the pressure. Early legal advice helps to realistically assess your options and take concrete steps for your protection.

What can I do if I have already been married against my will?

Even after a forced marriage, legal options exist to rectify the situation. In family law, annulment, divorce, or residence-related steps may be considered, while criminally, a report of forced marriage can be investigated. It is important to secure evidence and record the events as precisely as possible so that the coercive situation remains verifiable. Specialized counseling centers and legal representation help to plan a coordinated approach.

What rights do I have as an accused person in forced marriage proceedings?

As an accused person, you have the right to remain silent and to consult with a defense counsel before making any statement. You may request access to files through your defense counsel to clarify what evidence actually exists. Furthermore, you can submit your own motions for evidence, such as naming witnesses or presenting documents that relativize the described coercive situation. A structured defense strategy ensures that not only incriminating but also exculpatory circumstances are considered.

When should I engage a criminal defense lawyer if accused of forced marriage?

You should engage a criminal defense lawyer at the latest upon the first summons for questioning or search measures, but preferably already at the first indications of an investigation. Only early representation ensures that you do not make hasty statements that could later be used against you. Your defense can secure evidence, soberly assess legal risks, and develop a suitable strategy with you. Especially with the sensitive accusation of forced marriage, professional legal assistance is regularly crucial for the further course of the proceedings.

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