Legal literature from the prison library: access, ordering and complaints in Austria

Section 59 StVG requires every prison serving custodial sentences to maintain a library from which prisoners can borrow books and periodicals. The provision creates a statutory infrastructure for reading, information and education within the prison.

The library must be equipped with regard to the standard of public libraries. This provides a statutory quality benchmark for the facility. It does not guarantee that a particular commentary, textbook or edition is available on request.

For an initial review, preserve the requested title, author, edition or journal, the request and the prison's answer. This distinguishes general absence of a work from an individual restriction on access to a work that is available.

Under section 60(1) StVG, prisoners may obtain books at their own expense and keep a newspaper or periodical for education or entertainment. The limit applies where there is reason to fear a risk to security or order in the prison or to the educational purpose of the sentence.

For books serving education, prisoners may also use funds that would otherwise not be available for obtaining services in prison. This special rule supports the funding of specialist literature. It does not remove the need to review the actual order and delivery process.

Section 60(2) StVG requires newspapers and periodicals to be obtained through the prison. Individual issues or parts may be withheld or made illegible in an economically reasonable way where the statutory risks are present. A blanket refusal without reference to those standards requires separate review.

An order should identify the work precisely, including title, author, edition and publisher. For legal publications, it is useful to add whether the work is intended for education, preparation of the prisoner's own proceedings or general information.

The documents should show the price, intended funding and ordering route. The prison must be involved in obtaining newspapers and periodicals. For educational books, the special use of funds under section 60(1) StVG should be taken into account.

The prison may restrict access for the reasons named in section 60(1) StVG. The decision's reasoning is therefore central. Keep the order, any refusal or return and every note concerning the content or edition.

Section 120(1) StVG permits a complaint against any decision or order concerning the prisoner's rights and against corresponding conduct by prison officers. Complaints about the type of medical treatment are governed exclusively by section 122 StVG. That special rule must be kept separate from literature issues.

The complaint must identify the challenged decision, order or conduct. Unless the grounds are obvious, it must also state them. A clear submission therefore names the work, the ordering or borrowing process, the restriction, the reason given and the remedy requested.

Under section 120(2) StVG, a complaint against a decision must generally be lodged by the fourteenth day after it was announced or served. In other cases, the period generally runs from the first to the fourteenth day after the grounds became known. The complaint is lodged in writing or orally at the time set by the prison governor with the competent prison officer.

Under section 121 StVG, the prison governor decides complaints against prison officers or their orders. If the complaint concerns a decision, order or conduct of the governor, or the governor's failure to decide, and the governor does not remedy the matter, the prison court decides it.

The competent body must make inquiries where the facts are insufficiently known. The complainant is generally to be heard unless a hearing is unnecessary in the circumstances. The decision is announced to the prisoner, who may request a written copy.

The prisoner and the Federal Minister may challenge a decision of the prison court within six weeks before the Vienna Higher Regional Court for unlawfulness. The decision and the date of announcement or service must therefore be recorded precisely.

The initial review should include the order or borrowing request, exact bibliographic details, proof of payment or funding and the prison's answer. For a periodical, also record whether the issue was to be obtained through the prison.

If access was restricted, preserve the decision, its reasons, the envelope or return note and the date of receipt. If a decision was given orally, record its content immediately in writing. Names of witnesses and documents already submitted may assist the later factual review.

The relevant provisions are set out in the current Penal Execution Act in RIS, in particular sections 59, 60 and 120 to 121 StVG. The Federal Ministry of Justice prison service page provides additional information on the organisational framework. The legal assessment depends on the decision and the actual procedure.