Citizenship
Immigration Law
Insights
By sending a message, you agree that we may write to you on WhatsApp about your inquiry. Unsubscribe anytime with STOP.
Arrest and pre-trial detention.
Has a relative been arrested? The first days matter a great deal. Which deadlines apply, when pre-trial detention may be imposed and what you can do as a family.
What would you like to know?
In short
- No later than 48 hours after the arrest: admission to the prison (Justizanstalt) or release.
- The court decides on pre-trial detention (Untersuchungshaft) within a further 48 hours.
- Against the decision at the detention hearing: appeal within three days.
- What you can do now: instruct a defence lawyer and collect evidence (housing, work, family).
The first days
What happens after the arrest
- If the police arrest someone on their own initiative, the person receives written reasons within 24 hoursDeadline: 24 hoursFrom the arrest by the police. By then, the written reasons must have been handed over.. Information on their rights must be given in a language they understand (§ 171 StPO).
- No later than 48 hoursDeadline: 48 hoursBy then at the latest: admission to the prison or release. After that, the court has a further 48 hours to decide on pre-trial detention. after the arrest, the person must be admitted to the prison or released (§ 172 StPO).
- The court questions the person and decides within a further 48 hours on release or pre-trial detention (§ 174 StPO).
- If pre-trial detention is imposed, detention hearings take place after 14 daysDetention periodFirst detention hearing after 14 days, the second after one month, then every two months. Without a new hearing, the detention ends., after one month and then every two months (§ 175 StPO).
From our practice: Arrested after a traffic check, held for twelve hours and charged with resisting the authorities: we obtained an acquittal. Read the case (in German) →
Grounds for detention
When pre-trial detention may be imposed
There must be a strong suspicion of an offence and a ground for detention: risk of flight, risk of tampering with evidence or the risk that further offences will be committed. The detention must be proportionate (§ 173 StPO§ 173 StPORequirements for pre-trial detention: strong suspicion of an offence, a ground for detention (risk of flight, of tampering with evidence or of further offences) and proportionality.Legal text in RIS (in German) →).
Often less severe measuresLess severe measuresMilder measures instead of detention (gelindere Mittel) where they achieve the purpose of detention just as well, for example a pledge, a duty to report, surrender of travel documents or bail. If they are disregarded, pre-trial detention can still be imposed. are enough instead of detention, for example a pledge, a duty to report, surrender of documents or bail.
Without an Austrian passport
Risk of flight for foreign nationals
Nationality alone does not establish a risk of flight. Where the offence carries a penalty of up to five years and the person has a settled way of life and a permanent residence in Austria, a risk of flight is not to be assumed in any case. This also applies to people without Austrian citizenship.
Help with evidence: tenancy agreement or registration certificate (Meldezettel), employment contract, family in Austria.
Defence
Why a defence lawyer is needed at once
As long as someone is in pre-trial detention, they must have a defence lawyer. Against the decision at the detention hearingDetention hearingCourt hearing (Haftverhandlung) on whether pre-trial detention continues. The accused must be represented by a defence lawyer (§ 176 StPO)., an appeal is possible within three daysDeadline: three daysThe appeal against detention (Haftbeschwerde) must be filed within three days of the oral announcement, not only from service of the written decision. of the announcement, not only from service. Release from detention can be applied for at any time.
Even before the first questioning, the arrested person can ask for a duty defence lawyerLawyers' on-call serviceAnyone who is arrested and cannot reach their own lawyer can ask for a defence lawyer from the on-call service of the bar associations (anwaltlicher Journaldienst, § 59 StPO). The first advice is often only by phone..
For relatives
Contact and visits
The arrested person may have a relative, a person of trust or a defence lawyer informed. In pre-trial detention, they are entitled to at least two visits per week, each lasting at least half an hour. Letters and phone calls are allowed at their own expense (§ 188 StPO).
After a conviction
Earlier release on leaving the country
If an entry ban or residence ban has been issued against a convicted person and they are willing to leave Austria, the court must provisionally refrain from further enforcement of the sentence once half of the sentence, at least three months, has been served (§ 133a StVG§ 133a StVGProvisional suspension of the enforcement of the sentence where there is an entry ban or residence ban, once half of the sentence, at least three months, has been served. If the convicted person returns, the rest of the sentence is enforced.Legal text in RIS (in German) →). Whether this makes sense in the individual case also depends on what remains possible afterwards under residence law.
Questions we get asked
Arrest and pre-trial detention: short answers
How long may the police hold someone before a court decides?
No later than 48 hours after the arrest, the arrested person must be admitted to the prison or released. The court questions them and decides within a further 48 hours on pre-trial detention (§§ 172, 174 StPO).
How much time do I have for an appeal against detention?
Three days from the oral announcement of the decision at the detention hearing, not only from service. In addition, release from detention can be applied for at any time.
May I visit a relative in pre-trial detention?
Yes. In pre-trial detention, there is an entitlement to at least two visits per week, each lasting at least half an hour. Letters and phone calls are allowed at the detainee's own expense (§ 188 StPO).
Is there automatically a risk of flight without an Austrian passport?
No. Nationality alone does not establish a risk of flight. Where the offence carries a penalty of up to five years and the person has a settled way of life and a permanent residence in Austria, a risk of flight is not to be assumed in any case.
What is the difference between pre-trial detention and detention pending deportation?
Pre-trial detention secures criminal proceedings and is imposed by the criminal court. Detention pending deportation (Schubhaft) is not a criminal detention: it is meant to secure a deportation and is ordered by the BFA. More about detention pending deportation →
Read more
Topics in criminal law
Next step
Initial consultation at a flat fee
We take on the defence, attend the detention hearing and keep in touch with the family.
Detention deadlines
Which deadlines are running now?
Enter the time of the arrest. If pre-trial detention (Untersuchungshaft) has already been imposed, also enter the date of the court order (Beschluss).
Arrested on
If you do not know the exact time, use the earliest possible one.
The date on which the court imposed pre-trial detention. It is stated in the detention order (Haftbeschluss).
For guidance only. This is not legal advice. The deadlines can change as a result of court decisions. The dates in the detention order are decisive. Deadlines in hours run from moment to moment. If a deadline in days ends on a Saturday, Sunday, public holiday or Good Friday, the next working day applies (§ 84 StPO). As of October 2026, source: RIS (StPO).
How we work
Three steps, from the first conversation to the notice (Bescheid).
Initial consultation
For a flat fee. We listen, go through your documents and tell you honestly where you stand.
Clear assessment
You know exactly what is realistic, what it costs and what happens next, in writing.
We get started
We file applications, monitor deadlines and keep you updated by e-mail, phone or WhatsApp, in your language.
Team
The people behind your case.
Mag. Igor Matejuk, BEd
Mag. Adrian Zitter
Looking for the whole team? Meet everyone →
Contact
How to reach us.
Unsere Erfolge
Aktuelles aus der Praxis.
1010 Vienna (Stephansplatz)
-1.png?width=2316&height=2192&name=logo%20peter%20(1)-1.png)