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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.

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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.

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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.

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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.

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LIVING IN AUSTRIA

How much do you need to earn for a good life in Austria?

Austria is known as a country with a high standard of living, but it also comes with a high cost of living. Here’s an overview of what you can expect to earn in Austria.

How much do you need to earn for a good life in Austria?

As with most things in Austria, the question of ‘what is a good salary?’ is difficult to answer as the cost of living (and wages) can vary between states and cities.

For example, the east of Austria is typically much cheaper than the west for housing (with the exception of Vienna). And those living in cities often have easier – and cheaper – access to public transport when compared with people living in rural areas. 

READ ALSO: ‘Bad-tempered locals’: Vienna ranked the world’s ‘unfriendliest city’

Childcare is also something to consider with huge differences between Vienna, where there is access to heavily subsidised services, and places like Tyrol where childcare costs more.

To delve a bit deeper, we looked at the data to find out the average salary in Austria and how it differs between professions and locations.

What is the average salary in Austria?

In 2021, the average gross annual salary in Austria was €44,395, according to the latest data from Statistics Austria

However, in the latest survey by online job platform Step Stone, the average gross annual salary in Austria is €49,609.

The Step Stone survey then broke it down further by industry with those working in pharma earning the most at €60,504. This was followed by energy at €60,345, medical technology at €59,106 and banking at €58,711.

The industry with the lowest average annual salary is hotels/gastronomy at €37,546, followed by agriculture at €39,779 and tourism at €43,965.

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Occupation also plays a part with people working in management earning the most – on average €66,768. Consulting came second at €53,721.

And like many other European countries, the gender pay gap in Austria prevails. The average annual salary for a man is €52,633 and for a woman it is €44,330.

Furthermore, the top earning city in Austria is Bregenz in Vorarlberg with an average annual salary of €54,620. When comparing the west of Austria with the east, the median salary in Vorarlberg is €46,450, whereas in Burgenland it is just €39,100.

What is the average cost of living in Austria?

Many international residents will find everyday living costs in Austria to be expensive, especially for those that come from countries with a much lower cost of living.

Inflation has also been rising steadily in Austria throughout 2022, leading to some steep rises in prices for groceries, housing costs and energy.

READ MORE: EXPLAINED: 10 ways to save money on your groceries in Austria

However, the average cost of living varies across the country, depending on the location. For example, Vienna and Innsbruck in Tyrol are two of Austria’s most expensive cities, but more affordable places to live are Graz in Styria and Klagenfurt in Carinthia.

In Vienna, the average price for a one bedroom apartment in the city centre is €915, going up to €2,000 for a three bedroom apartment, according to Expat Arrivals.

Whereas in Graz, the average cost of a one bedroom city centre apartment is around €609, and a three bedroom apartment is €1,170.

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