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Short-term detention in Austria
Short-term detention in Austria

Author(s): Kathrin Stiebellehner
Subject(s): Criminal Law, Penology, Penal Policy
Published by: Instytut Nauk Prawnych PAN
Keywords: short-term detention; resocialisation; preventive prognosis; negative effects of imprisonment; alternatives to imprisonment;

Summary/Abstract: One of the main concerns of the 1975 Austrian criminal law reform was to largely avoid the execution of short prison sentences. Due to their predominant disadvantages, they were to be replaced with fines wherever possible, and the execution of short custodial sentences was to be sus- pended as a subsidiary measure. Under Section 37 of the Austrian Criminal Code, a short custodial sentence for an offence that carries a maximum term of imprisonment of ten years is to be replaced by a monetary penalty if the court deems it justifiable for preventive reasons.

  • Issue Year: 2/2023
  • Issue No: XLV
  • Page Range: 267-284
  • Page Count: 18
  • Language: English