SHARE
COPY LINK
For members

LIVING IN AUSTRIA

What happens if you get arrested in Austria?

It’s always good to know your legal rights when living as a foreigner in Austria - including if you get in trouble with the police.

What happens if you get arrested in Austria?
Getting arrested in Austria is probably not on your wish list, but here's what to expect if it happens. (Photo by ALEX HALADA / AFP) / “

Getting arrested is probably not high up on a list of must-dos for international residents in Austria, but it’s not a bad idea to know what would happen if you did.

In a nutshell, the process in Austria is similar to most other countries in that you have to be suspected of committing a crime to be arrested.

But what happens next? What are your rights? And how long can someone be held in custody?

Here’s what you need to know.

FOR MEMBERS: EXPLAINED: What cyclists and drivers in Austria need to know about new rules

When can someone be arrested in Austria?

If someone is suspected of being a criminal, they can be arrested by the police and taken to a police station for questioning. 

Under the Austrian Code of Criminal Procedure, suspects must be informed of their rights as soon as possible, or at the very least before being interrogated by the police.

They also have a right to remain silent or to make a statement, as well as consult a lawyer.

According to Vienna-based attorney Evert Vastenburg, the initial detainment after arrest can last up to 48 hours while a judge decides whether a person should remain in custody or not.

A suspect can then be released on bail or under certain conditions, such as handing over a passport to police.

However, those suspected of serious crimes that typically lead to a prison sentence of 10 years or more (if found guilty) are almost always remanded in custody.

READ MORE: Austria wary of cyber attacks after personal data of foreign residents leaked online

When is someone remanded in custody?

To be refused bail and remanded in custody, there must be serious suspicion that another crime could be committed. 

The judge also must believe there is no other way to deal with the suspect. For example, he/she needs to be readily available to the authorities for questioning.

Another valid reason to keep someone in custody past the initial 48 hours is the risk of someone absconding. In fact, Vastenburg says a flight risk is often assumed with people that do not live and work in Austria.

Other reasons to deny a suspect release are a risk that evidence will be destroyed, witnesses will be contacted, or there is a possibility that further crimes will be committed.

What happens if bail is denied?

If bail is denied and a person must be held in custody for more than 48 hours, they have to be legally represented by a lawyer.

If a suspect can’t afford to hire a lawyer, they will be appointed a Verfahrenshilfe (public defender) by the state.

The case will be then reviewed by a judge on a regular basis to decide if custody should continue.

The first review will take place after 14 days, then at one month and every two months, but a suspect can petition for release at any time.

READ ALSO: Six tourist scams to be aware of in Austria

How many foreigners are in Austrian prisons?

According to data from the Austrian Judiciary, the number of foreigners in Austrian jails as of June 1st 2022 was 4,332 – almost 50 percent of all prisoners.

In relation to the statistics, the Austrian Judiciary states: “The high proportion of foreigners is one of many challenges for the Austrian penal system. 

“In particular, with regard to successful rehabilitation, the fastest possible transfer to the countries of origin is encouraged.

The most common nationality of foreign prisoners in Austria is Romanian, followed by people from the former Yugoslavian states, Hungary, Nigeria and Turkey.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

LIVING IN AUSTRIA

Eight habits that show you’ve embraced life in Austria

Living anywhere as an international resident will have an impact on your life, but if you recognise any of these habits then you have truly embraced the Austrian lifestyle.

Eight habits that show you’ve embraced life in Austria

Life in Austria can be similar to many other European countries, but there are some aspects that are distinctly Austrian.

Here are eight habits that show you’ve integrated into the Austrian way of life.

FOR MEMBERS: 23 essential articles to help you navigate life in Austria

Indulging in coffee and cake

Coffee and cake is almost as integral to the food culture in Austria as the Wiener Schnitzel.

So say goodbye to the diet, ignore any thoughts of guilt and get stuck into a slice of Sachertorte, Punschkrapfen or Linzer Torte

Preferably with a delicious coffee on the side.

READ MORE: Caffeine, war and Freud: A history of Vienna’s iconic coffee houses

Participating in winter sports

Austria, especially the west of the country, is a winter sports enthusiasts dream.

The Alps offer an almost endless choice in ski resorts, gondolas and mountain huts, with winter sports options ranging from skiing and snowboarding to snowshoeing and Langlaufen (cross-country skiing).

Needless to say, if you live in the Alps, winter sports quickly become a central part of the lifestyle during the cold months. After all, it’s healthy, fun and even a bit dangerous (if that’s your thing).

It’s also a great way to explore the landscape of Austria and get a deeper understanding of the central role of winter sports in Austrian culture.

Downing tools for lunch

Lunch in some other countries (especially places like the UK) is often a sad sandwich while sitting at a desk. 

In Austria however, lunch is an important part of the day and many people sit down at midday with their colleagues or families to enjoy a proper cooked meal.

This is a prime example of the healthy work-life balance that residents in Austria enjoy, and is a much-better habit to embrace than working through a lunch break.

Wearing house shoes

In most Austrian households, people do not wear outdoor shoes inside. Instead, they opt for house shoes, otherwise known as slippers in English or Schlapfen in some Austrian dialects.

Also, many Austrian homes do not have carpet on the floor, which means walking around with bare feet or just socks in the winter can get cold – fast.

So if you’ve invested in a pair of house shoes or, even better, you have a backup supply for guests, then you have fully embraced life in Austria. 

READ ALSO: ‘I’ll probably return to the UK’: Moving to Austria as a Brit post-Brexit

Being punctual

Typically, Austrians are punctual people and don’t appreciate lateness.

For this reason, many international residents make an extra effort to be on time (or early), and it’s not uncommon to become stressed if you know you will be five minutes late.

As frustrating as this can be, it’s actually incredibly polite to be early for a meeting and not a bad habit to pick up.

sparkling water

(Photo by Giorgio Trovato on Unsplash)

Drinking sparkling water

People like to drink sparkling mineral water in Austria.

In fact, sparkling water is so popular that if you order a Mineralwasser (mineral water) in a cafe or restaurant, the sparkling variety is often served unless stilles Wasser (still water) is specified.

Want to be more Austrian? Then simply switch from still to sparkling water.

Stripping off

Countries in Central Europe are much more comfortable with nudity than other nations, and it’s no different in Austria.

The main place to expect an encounter with naked people in Austria is at the sauna. There are even some saunas that have a naked-only admission policy and won’t let people in if they are wearing swimming gear.

People also like to get naked at lakes – especially at the more remote or quieter locations – or at least go topless (for the women). 

The reality is, no one bats an eyelid. So put your prudish instincts aside and don’t be afraid to strip off.

READ ALSO: What are the rules on working overtime in Austria?

Taking sick leave

Employees in Austria are entitled to six weeks of paid sick leave (the number of weeks increases the longer the worker has been employed in the same company).

This means workers are more likely to take sick leave if they are unwell, rather than dragging themselves into the workplace and infecting their colleagues.

The downside though is that Austria has strict rules when it comes to taking sick leave with explicit orders to stay at home. Workers can even expect to be monitored by private detectives to make sure they really are resting at home, as reported by The Local.

For international residents in Austria, this can be hard to tolerate. But the upside is that you’re not expected to show your face in the office when sick, simply to comply with a culture of presenteeism.

And that’s a habit worth embracing.

SHOW COMMENTS