New Law Planned

Easier Deportation for Foreign Offenders

The proportion of foreign nationals in our prisons is high—the prisons are overcrowded.(Bild: Christian Jauschowetz)

Foreign offenders without residency permits will be required to leave Austria more quickly in the future. Through a reform of the Penitentiary Act, the federal government aims to relieve overcrowding in prisons and significantly simplify deportations.

Austria’s prisons have been under pressure for years. Rising inmate numbers are increasingly pushing the system to its limits. Now, the federal government has announced a comprehensive reform of the Penitentiary Act, which is primarily intended to enable the faster deportation of foreign offenders.

Consent No Longer Required
In the future, individuals without the right of residence will be able to be deported as soon as they have served their minimum sentence—even against their will. Paradoxically, until now, the consent of the individuals concerned was required for this. Excluded from the new regulation are perpetrators of serious violent and sexual crimes, as well as individuals convicted of terrorist offenses.

We are creating the conditions to ensure that offenders without a right of residence can be deported directly from custody in the future.

Bundeskanzler Christian Stocker

Bild: Christian Jauschowetz

“The rule of law must be able to act decisively. That is why we are creating the conditions to ensure that offenders without a right of residence can be deported directly from custody in the future and that our police can act more quickly and effectively when searching for escaped inmates,” said ÖVP leader and Chancellor Christian Stocker.

The proportion of foreign nationals in our prisons is high—the prisons are overcrowded.(Bild: Christian Jauschowetz)

“Sustainably Reduce Pressure on the System”
For the Minister of Justice, the focus is clearly on relieving the burden on correctional facilities: “Relieve, relieve, relieve: Our correctional facilities need tangible measures—and immediately! The burden on staff on the ground is no longer sustainable and, in the long term, jeopardizes the safety of the Austrian population. With this reform, we are taking a decisive step toward sustainably reducing the pressure on the system,” said Justice Minister Anna Sporrer.

300 fewer inmates per year
According to the Ministry of Justice, the amendment could reduce the number of inmates in Austrian prisons by about 300 people annually. In the future, the decision on deportation will be made by the criminal court.

The NEOS party also fully supports the new law: “Until now, it was up to foreign inmates themselves to decide whether to return to their country of origin after serving half their sentence. We are now putting an end to this voluntary system,” emphasized NEOS parliamentary group leader Yannick Shetty. The draft bill is set to undergo review next week. It is scheduled to take effect on November 1.

Justice Minister Anna Sporrer sees the new law as an opportunity to “sustainably and permanently relieve the burden” on Austria’s prisons.(Bild: APA/HARALD SCHNEIDER)

“Imprisonment in the Home Country”Programto Be Expanded
In addition to deportations, the government is also focusing on further expanding the “Imprisonment in theHome Country”program. According to the government, 208 inmates were already transferred to their countries of origin last year—more than ever before. Bureaucratic hurdles are now to be further reduced to enable such transfers to occur more frequently in the future.