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What rights and obligations do you have in prison

There is a rigidly regulated daily routine in prison, which can vary from prison to prison. Despite variations, inmates have certain rights and obligations in every prison. These are regulated in the Prison Act (StVG).

General conditions in prison

  • Inmates have the right to be treated with dignity. All inmates must be addressed as "you", "Mr." or "Mrs." and by their surname. They also have the right to be informed about measures and obligations that affect them.
  • You may wear your own underwear and simple outerwear.
  • Inmates have the right to attend religious services and to hold unsupervised discussions with pastors from state-recognized religious communities.
  • A marriage may be contracted in prison.
  • Certain foodstuffs and luxury foods may be purchased once a week.
  • A house allowance may be freely disposed of.
  • Books, magazines and newspapers may be purchased.
  • Right to dignified furnishings in the detention rooms. Inmates have the right to be accommodated in a room with sufficient air and daylight. They also have the right to decorate the detention room as far as possible (pictures, flowers).
  • Right to stay outdoors.

Communication in prison

  • Visits may be received.
  • Telephone calls may be made.
  • Letters may be written and received. However, letters may be checked and may have to be handed in. Letters from and to legal advisors (lawyers) and guardianship offices may only be opened in the presence of the prisoner.
  • Authorized parcels may be received.

Employment and training in prison

  • Every inmate is obliged to work and is paid for this work. A financial reserve is formed. Around 75% of wages are deducted for the prison system and unemployment insurance contributions.
  • Every prisoner has the right to lessons at primary school level if they lack this knowledge. If prisoners do not speak German, they have the right to a German course.
  • Inmates who have no vocational training or no chance of finding employment in the profession they have learned are entitled to vocational training, provided this is possible during the sentence and there are training places in the prison.

Benefits in prison

A distinction must be made between the aforementioned rights and benefits. These can be granted to a prisoner if he or she shows that he or she is cooperating in achieving the purposes of the prison system. Appropriate benefits must be granted at the prisoner's request. According to § 24 StVG, the following benefits can be granted:

  • Use of own television or radio sets or other technical devices
  • Use of own sports equipment
  • Making music on your own instruments
  • Longer lighting of the detention room

Duties of prisoners in prison:

  • Compliance with the orders of the prison staff
  • Observance of safety and order
  • Work
  • Participation in your own resocialization
  • Remaining in assigned rooms and locations
  • Payment of a contribution to the costs of the prison system (deducted from salary)

Special provisions in the execution of measures

In principle, the provisions for ordinary prisoners apply to prisoners in detention. Nevertheless, there are numerous deviations and special provisions in detention.

The purpose of detention is to reduce the dangerousness of the offender to such an extent that they no longer pose a "danger". The focus is therefore on the treatment (psychiatric treatment, psychotherapy, addiction therapy, etc.) of the inmate. In contrast to prisoners, for example, inmates are not obliged to work. 

I will be happy to advise you on all aspects of the execution of sentences and measures. 

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If your freedom is at stake, you should choose a lawyer specialized in criminal law. In case of emergency (arrest, house search) you can reach me at +43 699 1922 1541 even outside normal office hours.

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