Austria Amends Prison Act to Reduce Overcrowding

New regulations effective November 2026 allow for the removal of foreign offenders and sentence postponements to ease prison occupancy.

The Austrian federal government is adopting an amendment to the Prison Act and the Criminal Law Amendment Act 2026 this Tuesday, September 22. These new regulations, set to take effect on November 1, 2026, implement various EU and international requirements.

Foreign offenders lacking residence rights can now be removed without consent after serving minimum terms, excluding serious violent, sexual, or terrorist crimes. The reform also allows postponing sentences up to two years for those in vocational training.

Justice Minister Anna Sporrer and Interior Minister Gerhard Karner expect the measures to reduce prison populations by 300 inmates annually. This aims to alleviate current 108 percent occupancy rates, particularly affecting Western Balkan region inmates.


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