Imprisonment

The custodial sentence under § 18 StGB is the most severe form of punishment in Austrian criminal law. It means that the convicted person is deprived of their personal liberty for a specific period. The duration depends on the severity of the offense and the legally prescribed penalty framework. The aim of imprisonment is to establish justice, to protect society, and to guide the offender towards a law-abiding life.

Principle

According to § 18 StGB, Austrian law distinguishes between fixed-term imprisonment and life imprisonment:

• Fixed-term imprisonment ranges from a minimum of 24 hours to a maximum of 20 years
• In particularly severe cases (e.g., murder), the court may impose life imprisonment.

The sentence begins with the actual deprivation of liberty, i.e., the commencement of detention. Every custodial sentence is pronounced in days, months, or years.

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Aim and Purpose of Imprisonment

Imprisonment pursues several legal objectives:

• Protection of the public from further offenses,
• Atonement for committed wrongdoing,
• Rehabilitation and resocialization of the offender,
• Deterrence of others from committing similar offenses

Austrian criminal justice views imprisonment not only as punishment but also as a chance for reintegration into society.

Types of Imprisonment

Fixed-Term Imprisonment

This is the most common form. The court determines a specific duration that the convicted person must serve in a correctional facility.
Depending on behavior and circumstances, conditional release after half of the sentence may occur.

Life Imprisonment

This form is imposed only for exceptionally serious crimes, such as murder or terrorist offenses. Release is possible after a minimum of 15 years if the court expects that no further offenses are to be feared.

Alternatives and Mitigations

In certain cases, the custodial sentence can be fully or partially suspended on probation:

• Conditional suspension of sentence: the sentence is suspended on probation
• Partial conditional suspension of sentence: a part is served, the remainder is suspended on probation
• Community service: for short custodial sentences, the court may order the offender to perform community service instead

These options are intended to help avoid overcrowding in correctional facilities and to socially stabilize the offender, rather than permanently excluding them from society.

Execution of Sentence and Detention Conditions

The execution of custodial sentences is governed by the Penitentiary Act (StVG)
The aim is a humane execution of sentence focused on resocialization. The inmate works during detention, continues their education, and prepares for a crime-free life after release.

Depending on the case, the following forms may be considered:

• Open detention for low-risk inmates
• Semi-open detention with limited relaxations
• Closed detention in cases of escape risk or serious offenses

Examples

A man hits another in a bar and injures him. The court sentences him to six months imprisonment, but suspends it conditionally.
This means: He does not have to go to prison if he does not commit a new offense within the next three years.
The sentence therefore remains “on probation”. The aim is to give him a second chance without immediately imprisoning him.

The court convicts the man for multiple burglaries. Since he has previous convictions and committed the new offenses during a probationary period, the court decides on an unconditional custodial sentence of two years.
This means: He must actually serve the sentence in prison.
The court considers imprisonment necessary because he showed no remorse despite previous convictions and further offenses are to be feared.

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Your Benefits with Legal Assistance

A criminal proceeding is a significant burden for those affected. Serious consequences threaten right from the start – from coercive measures such as house searches or arrests, to entries in the criminal register, to custodial or monetary penalties. Errors in the initial phase, such as thoughtless statements or insufficient preservation of evidence, often cannot be corrected later. Economic risks such as claims for damages or procedural costs can also be substantial.

Specialized criminal defense ensures that your rights are protected from the outset. It provides security in dealing with the police and public prosecutor’s office, protects against self-incrimination, and creates the basis for a clear defense strategy.

Our law firm:

• examines whether and to what extent the accusation is legally sustainable,
• accompanies you through investigation proceedings and main hearing,
• ensures legally sound applications, statements, and procedural steps,
• assists in defending against or settling civil law claims,
• protects your rights and interests vis-à-vis the court, public prosecutor’s office, and victims.

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Frequently Asked Questions – FAQ

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