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Christmas Pardon 2026 in Austria: Eligibility and Deadlines

A practical guide to prison-time thresholds, exclusions, individual exceptions, official deadlines and documents under Austria's 2026 Christmas pardon.

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Mag. Christopher Angerer, Rechtsanwalt

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5 October 2026, Mag. Christopher Angerer, Rechtsanwalt

Austria's Christmas pardon initiative for 2026 is governed by a Ministry of Justice order dated 23 September 2026 (reference GZ 2026-0.747.475). Inclusion in a pardon proposal depends on the combined sentence, time already served, the remaining term and statutory exclusions. Being included in a proposal does not grant a pardon.

The order assigns preparation to the heads of prisons and forensic therapeutic centres. Prisoners and relatives can provide information about accommodation, work or training, maintenance and people who can offer support after release. Administrative deadlines and an individual legal assessment serve different purposes.

Christmas pardon 2026

Which issue needs attention first?

This guide organises the main checks. Whether a person can be included depends on the full judgments and sentence records.

01 Your situation 1

What do you need to clarify first?

Choose the issue that matters most to your situation.

Initial orientation

Key points about a pardon proposal

01

Check the combined sentence, the minimum period served and the remaining term separately.

List every custodial sentence, substitute custodial sentence and unconditional part currently being enforced. Their combined length must not exceed five years. In general, no more than 18 months may remain on the date of the pardon.

One third applies only to the group defined for a person serving a prison sentence for the first time. The order has a separate calculation for mixed groups of sentences. In other cases, one half must be served. Previous time in custody must be assessed under the order and the individual sentence record.

Eligibility requirements →
02

Exclusions and personal exceptions depend on the individual case file.

Review the complete judgments, any pending proceedings and the other exclusions in the order. A prior conviction or an ongoing criminal proceeding can prevent inclusion.

The order contains a conflict in its age-related special rule for the points assessment. It does not provide a reliable general figure for that special case. The issue requires an individual review and clarification of how the order applies to the case.

Exclusions and the points rule →
03

The order sets several dates, each with a different purpose.

19 November is the ordinary admission date and the prison administration's four-week deadline for forwarding proposals. Additions are due on 26 November. The principal date is 17 December 2026 at 24:00.

The narrow exception in section 3(3) concerns admission by 24 November and meeting the time-served requirements by 31 December. It does not create a general extension.

See the full timeline →
04

The prison administration prepares the proposal; relatives can provide supporting information.

The prison director collects the judgments, court decisions, sentence records and a report on the person's social circumstances. Relatives can discuss possible accommodation, work or training, maintenance and support from other people with the prison in good time.

Whether the material supports inclusion depends on the complete case file and the requirements in the order.

Preparation and documents →

Which sentences may be included?

Section 1 of the order sets several limits. The total sentence may not exceed five years. The calculation includes the custodial sentences, substitute custodial sentences and unconditional parts covered by the initiative. In general, no more than 18 months of the sentence may remain on 17 December 2026.

One third applies only to the group defined for a person serving a prison sentence for the first time. Where different groups of sentences coincide, the order requires a separate combined calculation. In all other cases, one half must have been served. Earlier time in custody is credited only under the specific rules in the order.

For ordinary inclusion, the person must have been admitted to prison by 19 November 2026. The sentence length and time served must be calculated from all relevant judgments and credited periods.

Which dates and deadlines apply?

Section 7 sets the principal date at 17 December 2026 at 24:00. Section 11 gives prisons separate submission dates. 19 November is an administrative deadline for the prison to forward proposals, not a general personal filing deadline. An exclusion ground that disappears after 19 November is disregarded for this initiative.

Dates in the order

Five dates with five different functions.

Ordinary admission, prison submissions and the limited exception each have their own date.

  1. 01
    19 November 2026

    Ordinary admission and first submission

    The ordinary admission date and the prison administration's four-week deadline.

    For ordinary inclusion, the person must have been admitted to prison by this date. The prison administration must also forward prepared proposals four weeks before the principal date. Under section 2(2), an exclusion ground that disappears after 19 November is disregarded.

    Legal basis: Section 1(2), Section 2(2), Section 11(1)

  2. 02
    24 November 2026

    Admission in a substantiated exception

    The order provides a narrow individual exception.

    In circumstances deserving special consideration, admission by this date may be considered. The time-served requirements must then be met by 31 December. This is not a general extension for all cases.

    Legal basis: Section 3(3)

  3. 03
    26 November 2026

    Supplementary material

    The order sets a three-week deadline for additions.

    The prison administration may forward supplementary material to the Ministry of Justice up to three weeks before the principal date. This is an administrative deadline for compiling and forwarding the file.

    Legal basis: Section 11(2)

  4. 04
    17 December 2026, 24:00

    Principal date of the initiative

    The individual requirements are assessed by this date.

    The order sets the principal date at 17 December 2026 at 24:00. Approved pardons take effect on that date. Inclusion in a proposal does not replace the decision.

    Legal basis: Section 4(1), Section 7, Section 13(1)

  5. 05
    31 December 2026

    Sentence-time requirements in the exception

    This date applies only to the special exception in section 3(3).

    A person admitted by 24 November under the exception must meet the relevant time-served requirements by 31 December. The principal date for ordinary cases remains 17 December.

    Legal basis: Section 3(3), Section 7

Which exclusions need to be checked?

The order excludes certain groups based on prior convictions and sentence-enforcement circumstances. Pending criminal proceedings and other specified circumstances can also prevent inclusion. The complete judgments, current procedural status and the order's rules for combining sentences matter.

The order contains a conflict in its age-related special rule for the points assessment. That rule refers to a different starting threshold from the general exclusion provision. Until the wording is officially clarified, the article gives no general figure for this special case. A person affected by the issue needs an individual review of the case file.

Can an individual exception be made?

Section 3(2) allows exceptions from certain exclusion grounds where particularly weighty personal circumstances exist. The order gives serious illness or disability affecting the prisoner or a close relative as examples. The circumstances and supporting information have to be assessed individually.

This provision does not waive the ordinary time-served requirements across the board. The separate admission date of 24 November under section 3(3) has its own conditions. Eligibility or an exception can only be assessed on the individual record.

Who prepares the proposal and which documents matter?

The prison director or the responsible centre prepares the material and forwards the proposal to the Ministry of Justice. The order calls for judgments, court decisions, sentence records and a report on the person's social circumstances, among other material.

Relatives can provide information that explains realistic arrangements after release. This can include accommodation, work or training, maintenance and people who can offer support. The family should coordinate any supporting documents with the responsible prison.

A lawyer can help assess the sentence, exclusions and documents in an individual case. That legal support is distinct from the prison administration's official preparation of the proposal.

What does the pardon do?

An approved pardon covers the sentences and remaining terms identified in the proposal. Under the order, it generally has the effect of conditional remission under section 43(1) of the Austrian Criminal Code, with a three-year probation period unless the individual decision provides otherwise. If the sentence ends on or before 24 December 2026, the act has the effect of final remission under section 43(2).

Ordinary conditional release follows separate requirements. The order sets out how it interacts with a pardon. Read our guide to conditional remission and conditional release for the distinct rules.

A pardon, an interruption of sentence enforcement and relaxation in the prison regime have different requirements and effects. This article covers the 2026 Christmas pardon.

A Christmas pardon does not automatically erase a criminal-record entry. Criminal-record expungement and limited disclosure follow separate rules. New circumstances arising before implementation may also affect the outcome under the order.

Frequently asked questions

What prisoners and relatives should know.

Does every sentence of up to five years qualify? +

No. The five-year limit applies to the combined sentence and is only one requirement. The time served, remaining term on the principal date, exclusions and the complete case file also matter.

Do I have to file an application by 19 November? +

19 November is the prison administration's four-week deadline for forwarding proposals. Prisoners and relatives should discuss required information with the prison early. The date is not a general personal filing deadline.

Can the sentence-time test be met after 19 November? +

The principal date for ordinary cases is 17 December 2026. A narrow exception may allow admission by 24 November and completion of the time-served requirements by 31 December. Whether it applies must be assessed individually.

Is a pardon the same as conditional release? +

No. A pardon and ordinary conditional release have distinct requirements. The order sets rules for cases in which both may apply. The decision and sentence record determine the effect in an individual case.

Does a pardon clear a criminal record? +

A pardon does not automatically remove an entry. Criminal-record expungement follows separate requirements and deadlines.

Topics
christmas-pardonclemency-2026prison-sentencepardon-proposalsentence-remission

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