When can I apply for electronic monitoring (ankle bracelet)?

An application is possible when the (remaining) sentence does not exceed 24 months, suitable accommodation and employment are available, and there is no risk of misuse. We review the necessary documents for completeness and submit them at the optimal time for you.

What does 'therapy instead of punishment' mean in drug law?

For a conviction to a prison sentence of no more than three years (for pure drug offenses), the execution can be postponed for up to two years if the convicted person undergoes a necessary health-related measure.

When is early release on parole possible?

Generally, release can occur after serving two-thirds of the sentence (at least three months) if there is a positive prognosis. Under special conditions, this is already possible after serving half of the sentence.

Can I speak privately with my lawyer in prison?

Yes. Inmates have the right to communicate with their defense attorney at any time by letter, telephone, and in person. Attorney visits must also be permitted outside of general visiting hours, and conversations and phone calls with the defense attorney may not be monitored.

Can my sentence be reduced after the verdict?

Yes, under certain conditions, a subsequent sentence reduction pursuant to Section 31a StGB is possible. This applies when circumstances become known after the judgment becomes final (e.g., subsequent compensation for damages) that would have led to a milder sentence. The amount of daily rates for fines can also be reassessed if your financial situation has significantly deteriorated.

May I postpone the start of imprisonment due to important personal appointments?

A deferral of imprisonment may be granted if the sentence does not exceed one year and there are important reasons. These include completing a vocational training, urgent economic interests of the employer, or settling important family matters. For prison sentences of up to three years, a deferral is also possible for visiting terminally ill relatives or attending their funeral.

What happens if I cannot pay my fine?

If immediate payment constitutes an undue hardship, a payment deferral or installment payment (up to five years) can be requested. Another way to avoid substitute imprisonment is the 'community service instead of prison' model: Here you can serve the penalty through community service, with four hours of work corresponding to one day of imprisonment.

When will my conviction be deleted from the criminal record?

Deletion occurs automatically after a certain period has elapsed, provided no new convictions are added. The period depends on the severity of the sentence; for a fine or imprisonment of up to one year, it is generally five years. After deletion, one is legally considered to have no criminal record again.

What is a clemency petition and when is it advisable?

A clemency petition is an extraordinary means to obtain a pardon from the Federal President. Through this, sentences can be remitted, reduced, or converted to a suspended sentence. It is often the last resort to compensate for special hardships (e.g., serious illness or existential emergencies).

Detention & Prison Law

Anwalt-Christoph-Slamanig-von-Sascha-van-der-Werf-20

+43 664 12 77 879 office@slamanig-rechtsanwalt.at

Türkenstraße 5, 1090 Vienna

Criminal Defense After Conviction Protecting Your Rights During Incarceration

A final conviction does not mean the end of legal support. In Austrian detention and prison law, the focus is on protecting the rights of inmates and exhausting all legal possibilities for sentence reduction or alternative forms of execution.

Legal support includes communication with inmates, enforcement of claims related to detention conditions, applications for conditional release, electronically monitored house arrest, and clemency proceedings.

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Services Detention and Prison Law

Legal support in detention and prison law includes protecting all rights during incarceration (e.g., pre-trial detention, prison sentence, extradition detention, preventive detention) as well as utilizing all legal options for sentence reduction. Legal support includes in particular:

Communication with Inmates

Ensuring unhindered written, telephone, and personal correspondence between defense attorney and client.

Enforcement of Rights

Enforcement of claims related to detention conditions and privileges, e.g., interruption of detention, temporary leave, therapies, change of detention facility, etc.

Subsequent Sentence Reduction

Review and application for sentence reduction when circumstances become known after the verdict (such as compensation for damages or new mitigating factors).

Conditional Release

Strategic planning and application for your conditional release, to consistently enforce your legal right to early release through a well-founded prognosis and the choice of the optimal application timing.

Electronically Monitored House Arrest ("Ankle Bracelet")

Advice and application for serving the sentence in your own residence.

Therapy Instead of Punishment

Support for addiction disorders to postpone imprisonment in favor of a health-related measure.

Juvenile Detention

Utilization of special regulations for juveniles and young adults, such as reservation of sentence or extended postponement options.

Clemency Proceedings

Preparation of clemency petitions to the Federal President.

The Path Through Incarceration Strategic Guidance

The execution of a prison sentence begins with the execution order from the court. Crucial decisions can already be made at this stage:

Postponement of Sentence: In case of unfitness for detention (e.g., serious illness, pregnancy) or important personal reasons (e.g., completion of education, family emergencies), a postponement of sentence can be obtained.
Application for Electronic Monitoring: The application for electronically monitored house arrest can be filed before the start of detention ("frontdoor") or during detention ("backdoor"). The decision lies with the prison director.
Conditional Release: After serving half or two-thirds of the sentence, the execution court decides on early release on probation.
Execution of Fines: To prevent substitute imprisonment, we support applications for installment payments or the performance of community service.
Interruption and Leave: For urgent matters, an interruption of detention or short-term leave can be applied for.

Questions & Answers on Detention & Prison Law

Yes, under certain conditions, a subsequent sentence reduction pursuant to § 31a StGB is possible. This is the case when circumstances become known after the verdict becomes final (e.g., subsequent compensation for damages) that would have led to a milder sentence. The amount of daily rates for fines can also be reassessed if your financial situation has significantly deteriorated.

A postponement of sentence execution can be granted if the sentence does not exceed one year and important reasons exist. These include completion of vocational training, urgent business interests of the employer, or arranging important family matters. For prison sentences up to three years, postponement is also possible for visiting critically ill relatives or attending their funeral.

If immediate payment would constitute undue hardship, a payment deferral or installment payment (up to five years) can be applied for. Another option to prevent substitute imprisonment is the "work instead of prison" model: Here you can pay off the sentence through community service, with four hours of work corresponding to one day of imprisonment.

Expungement occurs automatically after a certain period, provided no new convictions are added. The period depends on the severity of the sentence; for a fine or prison sentence up to one year, it is generally five years. After expungement, one is legally considered to have no criminal record again.

A clemency petition is an extraordinary means to obtain a pardon from the Federal President. This can result in sentences being remitted, mitigated, or converted to suspended sentences. It is often the last resort to address particular hardships (e.g., serious illness or life-threatening emergencies).

christoph slamanig vienna skylines votivkirche 8

Contact me for a free initial consultation on Detention & Prison Law

+43 664 12 77 879 office@slamanig-rechtsanwalt.at

Türkenstraße 5
1090 Vienna

Other Areas of Practice

Comprehensive criminal defense from first investigation to appeal, including white-collar, administrative, and international criminal law as well as representation of victims.

Early defense in investigations and detention
Focus on white-collar crime and major proceedings
International criminal proceedings and extradition
Administrative criminal law representation
Enforcement of claims for victims

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Defense in complex white-collar criminal cases and corruption proceedings before the WKStA. Interdisciplinary approach with independent fact-finding and strategic crisis communication.

Breach of trust, fraud, and property offenses
Corruption offenses and abuse of office
Cybercrime and accounting offenses
Corporate criminal law (VbVG) and tax criminal law
Crown witness regulations and active repentance

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Criminal defense after conviction: Protecting your rights during incarceration, conditional release, electronic monitoring, therapy instead of punishment, and clemency proceedings.

Conditional release and subsequent sentence reduction
Electronically monitored house arrest (ankle bracelet)
Therapy instead of punishment for addiction
Postponement of sentence and interruption of detention
Clemency proceedings and criminal record expungement

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Preventive criminal compliance consulting for companies and executives: Building effective compliance systems, anti-corruption, whistleblower protection, internal investigations, and practical training.

Protection against criminal and director liability
Compliance management systems and risk analyses
Anti-bribery/anti-corruption policies
Whistleblowing systems under HSchG
Internal investigations, opinions, and training

Learn more

Detention & Prison Law

Criminal Defense After Conviction Protecting Your Rights During Incarceration

Services Detention and Prison Law

The Path Through Incarceration Strategic Guidance

Questions & Answers on Detention & Prison Law

Contact me for a free initial consultation on Detention & Prison Law

Other Areas of Practice

more about Christoph Slamanig