An arrest is a temporary deprivation of liberty intended to ensure the proper conduct of criminal proceedings. It should be distinguished from pretrial detention: An arrest is initially carried out by the criminal investigation department, whereas only a court may order pretrial detention.<\/p>\n\n\n\n
When are the police allowed to make an arrest?<\/strong><\/p>\n\n\n\n The police may not make arbitrary arrests. According to Sections 170 through 172 of the Code of Criminal Procedure (StPO), an arrest generally requires suspicion of a crime and legally recognized grounds, such as being caught in the act, a risk of flight or tampering with evidence, or the risk of committing or carrying out another relevant offense. An arrest is generally ordered by the public prosecutor\u2019s office on the basis of a court warrant and carried out by the criminal investigation department. In cases of imminent danger, the criminal investigation department may also make the arrest itself in the circumstances provided for by law. Furthermore, arrests and detentions must be proportionate.<\/p>\n\n\n\n What grounds for detention can justify an arrest?<\/strong><\/p>\n\n\n\n The primary grounds for detention include the risk of flight, the risk of tampering with evidence, and the risk of committing or carrying out a crime. The risk of flight refers to the risk that the accused will evade the proceedings. The risk of tampering with evidence refers to the risk that evidence will be destroyed or witnesses will be influenced. The risk of committing or carrying out a crime exists when, based on specific facts, there is reason to fear that another relevant criminal offense will be committed or that an attempted or threatened crime will be carried out. Whether a ground for detention actually exists always depends on the specific circumstances of the individual case.<\/p>\n\n\n\n What are my rights if I am arrested?<\/strong><\/p>\n\n\n\n Persons who have been arrested must be informed in writing, in a manner they can understand, immediately or as soon as possible after their arrest, of the allegations against them, the grounds for their arrest, and their fundamental rights. These include, in particular, the right to have a family member or trusted person notified, the right to legal counsel, the right to file a complaint, the right to request release, the right to have consular authorities notified immediately, and the right to medical care.<\/p>\n\n\n\n Do I have the right to remain silent if I’m arrested?<\/strong><\/p>\n\n\n\n Yes. A defendant has the right to respond to the charges or to remain silent. The defendant is never required to incriminate himself. The right to remain silent is specifically provided for in Section 49(1)(4) of the Code of Criminal Procedure (StPO). During questioning, the defendant must be informed of his rights in accordance with Section 164 of the StPO. In practice, this means: If possible, do not provide any information regarding the matter before you have spoken with a criminal defense attorney. This is not an admission of guilt, but rather the exercise of a statutory right to defense.<\/p>\n\n\n\n When can I contact a defense attorney?<\/strong><\/p>\n\n\n\n You may immediately contact a defense attorney, choose a defense attorney, and consult with him or her. You also have the right to have a defense attorney present during an interrogation. Upon request, you must be allowed to contact an on-call defense attorney. The defense attorney supports the accused by providing advice and assistance with procedural matters; legal assistance can be crucial, especially before the first interrogation.<\/p>\n\n\n\n Am I entitled to an interpreter?<\/strong><\/p>\n\n\n\n Yes. Anyone who does not speak or understand the language of the proceedings is entitled to translation assistance under Section 56 of the Code of Criminal Procedure (StPO). Such assistance must be provided, in particular, during interrogations and hearings; upon request, this also applies to certain discussions with the defense attorney.<\/p>\n\n\n\n What happens after a police arrest?<\/strong><\/p>\n\n\n\n If the Criminal Investigation Division has made the arrest itself, it must immediately question the person regarding the matter, the suspicion of a crime, and the grounds for detention. If there is no basis for further detention, the person must be released. If the purpose of the detention can be achieved by less restrictive means, those means must be considered first, and the person must be released with instructions, provided the legal requirements for doing so are met.<\/p>\n\n\n\n What happens in the first 48 hours after an arrest?<\/strong><\/p>\n\n\n\n The 48-hour time limit initially applies to admission to the detention facility of the competent court. Unless a person is released earlier, they must be admitted to a detention facility without undue delay, no later than 48 hours after arrest. Thereafter, the court must decide on pretrial detention without delay and no later than within an additional 48 hours.<\/p>\n\n\n\n How does the court decide on pretrial detention?<\/strong><\/p>\n\n\n\n Following a motion by the public prosecutor\u2019s office to impose pretrial detention, the court decides whether the arrested person should be released\u2014possibly subject to less restrictive measures\u2014or placed in pretrial detention. In particular, the imposition of pretrial detention requires strong suspicion of a crime, a legal basis for detention, proportionality, and the unsuitability of less restrictive measures. The accused must be questioned without delay regarding the conditions for pretrial detention. The defense counsel and the public prosecutor\u2019s office must be allowed to participate in this questioning.<\/p>\n\n\n\n What are milder remedies?<\/strong><\/p>\n\n\n\n Less severe measures are legal measures that can achieve the purpose of detention without pretrial detention. These may include, in particular, pledges, instructions, the surrender of certain documents, or the posting of security (bail). Pretrial detention may not be imposed if a less severe measure is sufficient. Furthermore, it is permissible only if it is not disproportionate to the significance of the case and the expected penalty.<\/p>\n\n\n\n What should I do immediately if I’m arrested?<\/strong><\/p>\n\n\n\n Remain calm and do not resist. Explain that you would like to speak with a defense attorney before making a statement regarding the matter. Do not sign any statement or transcript that you do not fully understand, and have a criminal defense attorney review the next steps as soon as possible.<\/p>\n\n\n\n Conclusion: Seeking legal assistance early on can make all the difference<\/strong><\/p>\n\n\n\n An arrest in Austria does not automatically lead to pretrial detention or a subsequent conviction. It is crucial that the accused knows his or her rights, exercises the right to remain silent, and retains a defense attorney as soon as possible.<\/p>\n\n\n\n If you or a loved one has been arrested, please contact our law firm as soon as possible. We will review the allegations, the grounds for detention, the proportionality of the measures, and possible less restrictive alternatives, and guide you through the next steps in the proceedings.<\/p>\n\n\n\n Your contacts from our KINDL.Legal Defense service division:<\/p>\n\n\n\nContact<\/h3>\n\n\n\n
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