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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.

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.

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WEATHER

Wild weather in Austria: How to protect yourself during summer storms

With violent storms becoming increasingly common in Austria, here’s how to protect yourself (and your home) this summer.

Wild weather in Austria: How to protect yourself during summer storms

Storms are a regular occurrence in Austria during the summer months, but the strength and frequency seems to be increasing.

Overnight on Tuesday, June 28th, both the Pöllinger and the Treffner rivers in Carinthia burst their banks causing widespread flooding, mudslides and damage across the region.

Reports on Wednesday morning said the villages of Treffen am Ossiacher See and Arriach (Villach-Land district) were still metres under water and several people had been rescued from the deluge.

READ ALSO: Who to call and what to say in an emergency in Austria

According to ORF, emergency services were still struggling to reach some areas and there were unconfirmed reports of missing people.

A Tweet from Unwetter-Freaks said: “Bad pictures from #Arriach in #Kärnten , which was hit by several storm cells last night. According to ORF, the place is currently cut off from the outside world and cannot be reached by the emergency services.”

Earlier this week, rural areas in Upper Austria were also hit by storms (overnight, June 27th) bringing torrential rain and hail the size of golf balls, which caused extensive damage to crops and grassland in the key agricultural state.

READ ALSO: 23 essential articles to help you navigate life in Austria

The Klaus reservoir had to be drained of 200 cubic metres of water to avoid flooding and trees were brought down across the province by wind gusts – some up to 91 km/h.

The Kronen Zeitung reports the storm caused damage to around 16,000 hectares of agriculture land, with insurers estimating the cost to be up to €6.5 million.

One Tweet showed the size of the hail on Monday night and read: “In the night we had ‘light’ hail.”

Storms then hit the region again on Tuesday night leading to a lightning strike on a hay barn in the Mühlviertel and the flooding of an underground car park in Linz.

With the summer season far from over and the possibility of more wild weather in the coming months, here’s how to stay safe during storms in Austria.

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Check the weather report

It might sound obvious, but checking the weather forecast should be at the top of the list of summer storm preparations.

Unlike in the past, weather reports are now typically reliable, and apps like Bergfex and Accuweather are well-known for providing detailed forecasts and weather warnings.

However, long-range forecasts can change quickly, so if you’re planning a camping or hiking trip, be sure to check the weather between 24 and 48 hours before to avoid being caught out.

Additionally, the Österreichischen Unwetterzentrale (Austrian Severe Weather Centre) has regular updates about storms and weather forecasts for Austria and users can sign up for email and SMS notifications.

Stay indoors

According to the organisation, Die Helfer Wiens (The Helpers of Vienna) one of the biggest risks during a storm is being hit by a fallen tree or flying debris.

For this reason, they advise people (and pets) to stay indoors during a storm and close all windows and doors. 

If staying in a tent or campervan, it’s also a good idea to seek shelter in a building (if possible) until the storm has passed.

However, if you are outside during lightning, the Austrian Red Cross says the best approach is to crouch down into a ball to reduce the amount of contact you have with the floor.

READ MORE: How to keep your apartment cool in Austria this summer amid rising energy prices

Stay away from the cellar

Cellars and underground car parks can quickly become flooded during heavy rain – as seen in recent storms in Upper Austria and Carinthia, and last year during violent storms across Austria.

Flash flooding can happen quickly (the clue is in the name), so stay away from cellars and underground spaces during a storm and call the emergency services if you suspect a flood in your home.

Remove plants and furniture from balconies

Having plants and flowers on a balcony is a lovely way to brighten up an outside space, but they risk being damaged during a storm.

To safeguard your pots and lovingly-planted flora, move them inside – especially during a thunderstorm with strong wind gusts and lightning.

The same applies to any outdoor furniture that could be damaged by wind or hail, like cushions, decorative objects and sun umbrellas.

Park cars under shelter

Hail is one of the leading causes of dents to bodywork on cars and damage to windscreens, both of which can be costly to repair.

If hail is forecast during a storm, park a car in a garage or under shelter, if possible. 

If strong wind is expected, then avoid parking a car under trees as debris, or even the tree itself, could end up landing on the vehicle.

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Don’t go into the forest

Whether walking or driving, the best advice is to stay from the forest or areas with lots of trees during a storm.

While sheltering under a tree can protect from rain or hail, lightning or strong wind can bring down trees. This makes the forest a dangerous place to be in a storm.

But if you do find yourself in the unfortunate position of being in a forest when a thunderstorm hits, stay away from low branches and tree trunks and crouch down low. Place any walking sticks or metal poles away from you and stay away from metal fences.

Avoid risky activities

Certain outdoor activities are especially hazardous if there’s a lightning storm. 

Any activity in an open area or that puts you into contact with water or metal is strongly advised against. So that means fishing, swimming, boating, cycling and golfing are out until the storm is over. 

Keep torches and candles ready

Power cuts are common during storms, so keep a stock of candles and torches ready in case you end up without electricity for several hours.

It’s also a good idea to have a portable USB charger to make sure your phone doesn’t run out of battery during an emergency.

Who to call in an emergency

These are the numbers to call if you need help from the Austrian emergency services during a storm.

122 – fire service (Feuerwehr).

133 – police (Polizei).

144 – ambulance (Krankenwagen or Rettungswagen).

120 – ÖAMTC emergency breakdown service.

123 – ARBÖ emergency breakdown service.

140 – mountain rescue.

Finally, 112 is the single European emergency number, whose operators will direct you to the relevant services. This number can even be called on a locked mobile phone without needing the pin.

Find out more with The Local’s guide on who to call and what to say in an emergency.

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