Arrested in Vienna: 48 hours, then the judge decides
Austrian law allows investigative detention for no more than 48 hours, within which a judge decides whether to extend it. Pre-trial detention — Untersuchungshaft — is then reviewed periodically, and bail is expressly provided for: release against conditions is part of the statutory scheme.
The Austrian clock
| Step | Rule | Note |
|---|---|---|
| Investigative detention | No more than 48 hours | Before a judge rules |
| Extension | A judge decides on the prosecutor's request | Grounds fixed by statute |
| Periodic review | The judge must re-examine detention at intervals | Not left to the defence alone |
| Maximum pre-trial detention | One year where the offence carries under five years | Two years above that |
| Bail | Release against conditions, expressly provided for | Alongside other measures |
| House arrest | Available in defined circumstances | As an alternative to prison |
| Letter of rights | In writing, in a language you understand, and yours to keep | Ask for it if not given |
The written letter of rights is a real document and it is handed over in many languages. If it was not, say so and have it recorded: it is the kind of omission that matters later.
What actually happens in Vienna
- The inner districts at night: fights outside bars, and complaints from both sides.
- Drugs at the low end, around the Gürtel and the club district.
- Theft accusations in the tourist centre and on public transport.
- International organisations: Vienna hosts several, and proceedings touching their staff and contractors follow their own rules on immunities.
- Schwechat airport: customs, luggage, and arrests on an alert relating to another country.
- Insult and resistance, both of which are criminal offences in Austria and are charged after police encounters.
The Italian side
Only a lawyer admitted in Austria can appear before an Austrian court. The Italian side handles the parallel proceeding, the warrant, the alert and the family. Austria and Italy share a border and a large volume of cross-border traffic, which is why the two fronts run together more often here than elsewhere.
The model is in how a correspondent case is run.
Frequently asked questions
How long can Austrian police hold me?
No more than 48 hours, within which a judge decides whether detention is to be extended.
Is there bail in Austria?
Yes. Release against conditions is expressly provided for by statute, alongside other measures such as house arrest in defined circumstances.
How long can pre-trial detention last?
Up to one year where the offence carries less than five years, and up to two years above that, with periodic judicial review.
Will I be told my rights in writing?
Yes. A letter of information for arrested persons is available in many languages and it is yours to keep. Ask for it if it was not handed over.
If this is happening now
Forty-eight hours, and the judge decides at the end. First contact is free and covered by professional privilege, at any hour.