Consultative Council of European Prosecutors (CCPE)

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Consultative Council of European Prosecutors

Relationship between prosecutors and prison administration

Austrian reply to the questionnaire
by Ernst Eugen FABRIZY

General remarks:
Since the Austrian prosecution service has no powers in matters of prison administration, I can give answers only to few questions.

Question 10:
If the public prosecutor is informed of the suspicion of misuse of authority (not only negligence) of prison staff, he is obliged to investigate the case and to inform the disciplinary body.

Question 14:
The public prosecutor is obliged to carry out an investigation because of the crime of misuse of authority of a member of the prison staff by himself or by the police, but nor by the prison administration.

Question 15:
A criminal investigation in case of sudden death, accident or criminal offence comitted against a prisoner or a crime committed by a prisoner is conducted by the public prosecutor or by the police under supervision of the public prosecutor.

Question 18:
The public prosecutor is heard in proceedings on pardon or release on probation. Amnesty is only possible by law.
Criminal records are in charge of the police (Bundespolizeidirektion Wien); the public prosecutor has no power to supervise them.

Question 20:
Some important decisions concerning the enforcement of judgements are under the jurisdicion of the Criminal Court („Strafvollzugsgericht“), like the decision on release on probation. In these proceedings the public prosecutor has the right to file an application; at any rate he has the right to be heard and to appeal against the court decision.