Life Imprisonment In Austria: Understanding Length Of Sentences

In Austria, a life sentence does not necessarily mean imprisonment until death. Conditional release is an option after 15 years, at which point the authorities must determine whether the inmate can be released. On average, a life sentence in Austria is 21 years.

Life sentences in Austria are usually 21 years

A study by two criminal law experts found that, on average, a life sentence in Austria is 21 years. The study analysed 140 files, of which 96% were men and 99% were for murder. Each person had approximately five release proceedings, meaning that a total of around 700 court rulings were reviewed. The findings suggest that in Austria, "a life sentence" seldom means "until death".

The study's authors also noted the influence of the public prosecutor's office on the court's release decisions. They suggested that this influence should be questioned, especially when compared to the testimony provided by the authorities where the prisoners had been housed.

Austria has one of the lowest crime rates in Europe, and violent crime is rare. Murder can result in life imprisonment for 15 years, but up to the remainder of the offender's life if clemency is not approved.

Conditional release is an option after 15 years

In Austria, a life sentence does not necessarily mean imprisonment until death. Conditional release is an option after 15 years, but this is subject to the discretion of a criminal court panel and a possible appeal to the high court. Prison officials must be satisfied that the inmate will not re-offend.

The average prison term for a life sentence in Austria is 21 years, and the majority of those sentenced to life in prison are men convicted of murder. However, life sentences can also be given for other crimes resulting in someone's death, genocide, crimes against humanity, war crimes, major drug crimes, and severe acts of (re-)engagement in National Socialist activities.

The prospect of release after 15 years complies with fundamental and human rights, providing the prisoner with a realistic chance of being released during their lifetime and a justifiable assessment of being no danger to the public.

The decision to release a prisoner on parole after 15 years is influenced by various factors, including the public prosecutor's office and testimony provided by the authorities where the prisoner was housed.

Parole may be granted if the inmate is deemed unlikely to reoffend

In Austria, a life sentence does not necessarily mean imprisonment until death. Conditional release is an option once 15 years have been served. Parole may be granted if the inmate is deemed unlikely to reoffend. Prison officials and a criminal court panel must be satisfied that the inmate will not reoffend. The decision is subject to appeal to the high court. The average prison term for a life sentence in Austria is 21 years.

The decision to grant parole is based on a justifiable assessment of the inmate's likelihood of reoffending. This assessment takes into account various factors, including the nature of the crime, the inmate's behaviour while incarcerated, and any rehabilitation or treatment programmes they have completed. The authorities must determine whether the inmate poses a danger to the public.

The process of granting parole involves a thorough review of the inmate's case, including their criminal history, the circumstances of the crime, and their conduct while in prison. The prison officials and the criminal court panel will consider the inmate's overall progress and any changes in their behaviour or attitude. They will also assess the inmate's release plan, including their living arrangements, employment prospects, and support systems in place to help them reintegrate into society.

The decision to grant parole is not taken lightly, and the authorities carefully consider the potential risks and benefits of releasing the inmate. The primary concern is public safety, and the authorities must be confident that the inmate will not pose a threat to the community. The inmate's willingness to take responsibility for their actions and demonstrate remorse for their crime is also considered.

In some cases, the inmate may be required to participate in additional rehabilitation or treatment programmes before being granted parole. This could include counselling, therapy, or other interventions aimed at reducing the risk of reoffending. The authorities may also impose conditions on the inmate's release, such as regular check-ins with a parole officer, restrictions on their movements, or requirements to participate in community service or other programmes.

While the decision to grant parole ultimately rests with the criminal court panel, the input of prison officials and other experts is crucial. The process aims to balance the rights and needs of the inmate with the safety and well-being of the public. By carefully assessing the inmate's likelihood of reoffending, the authorities can make informed decisions that support the rehabilitation and reintegration of inmates while also protecting the community.

Clemency must be approved for release after 15 years

In Austria, a life sentence does not necessarily mean imprisonment until death. Conditional release is an option once 15 years have been served, at which point the authorities must determine whether the inmate can be released. This is subject to the discretion of a criminal court panel, and a possible appeal to the high court. Clemency must be approved for release after 15 years, otherwise, the offender will remain in prison for the remainder of their life.

On average, a life sentence in Austria is 21 years. Each person has around five release proceedings, meaning that a total of approximately 700 court rulings were reviewed in the study. The study also found that 96% of those sentenced to life imprisonment were men, and 99% of life sentences were for murder.

Austrian law complies with human rights, which means that a life sentence can only be given if the prisoner has a realistic prospect of being released during their lifetime, and given a justifiable assessment of being no danger to the public. The Austrian legal system grants "lifers" a prospect of release after serving 15 years, which complies with these requirements.

Parole may be granted to certain inmates in Austria after 15 years' imprisonment, if prison officials are satisfied that the inmate will not re-offend.

Life sentences are given for murder, genocide, war crimes, major drug crimes, and severe acts of National Socialist activities

In Austria, a life sentence is not necessarily imprisonment until death. Parole may be granted to certain inmates after 15 years, if prison officials are satisfied that the inmate will not re-offend. This is subject to the discretion of a criminal court panel, and a possible appeal to the high court.

In 2023, two researchers at the Johannes Kepler University Linz addressed the issue of how long a life sentence really is. Univ. Prof. Alois Birklbauer (JKU Institute of Criminal Law) referred to the Criminal Code and remarked: "By law, a life sentence does not necessarily mean being imprisoned until one dies. Conditional release is an option once 15 years have been served."

Frequently asked questions