Wie lange darf die Polizei jemanden festhalten, bevor ein Gericht entscheidet?

Spätestens 48 Stunden nach der Festnahme muss der Festgenommene in die Justizanstalt eingeliefert oder freigelassen werden. Das Gericht vernimmt ihn und entscheidet binnen weiterer 48 Stunden über die Untersuchungshaft (§§ 172, 174 StPO).

Wie lange habe ich Zeit für eine Haftbeschwerde?

Drei Tage ab der mündlichen Verkündung der Entscheidung in der Haftverhandlung, nicht erst ab Zustellung. Die Enthaftung kann darüber hinaus jederzeit beantragt werden.

Darf ich einen Angehörigen in Untersuchungshaft besuchen?

Ja. In Untersuchungshaft stehen mindestens zwei Besuche pro Woche zu, jeweils mindestens eine halbe Stunde. Briefe und Telefonate sind auf eigene Kosten erlaubt (§ 188 StPO).

Besteht ohne österreichischen Pass automatisch Fluchtgefahr?

Nein. Die Staatsangehörigkeit allein begründet keine Fluchtgefahr. Bei einer Strafdrohung bis fünf Jahre, geordneten Lebensverhältnissen und festem Wohnsitz in Österreich ist Fluchtgefahr jedenfalls nicht anzunehmen.

Was ist der Unterschied zwischen U-Haft und Schubhaft?

U-Haft sichert ein Strafverfahren und wird vom Strafgericht verhängt. Schubhaft ist keine Strafhaft: Sie soll eine Abschiebung sichern und wird vom BFA angeordnet.

Arrest and Pre-Trial Detention | Immigration Lawyer Vienna

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 hours. Information on their rights must be given in a language they understand (§ 171 StPO).
No later than 48 hours 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 days, 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).

Often less severe measures 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 hearing, an appeal is possible within three days 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 lawyer.

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). 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 →

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.

Book an initial consultation →

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.

Pre-trial detention imposed on (if this has already happened)

The date on which the court imposed pre-trial detention. It is stated in the detention order (Haftbeschluss).

Call now: +43 676 563 3068 Book an initial consultation

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).