Section 118 StGB in Austria: letter secrecy, private documents, withheld mail, evidence and first procedural steps.
Mag. Christopher Angerer, Rechtsanwalt
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If someone opens, withholds or deliberately fails to forward another person’s letter, Section 118 StGB may become relevant. The provision does not cover every discourteous handling of mail, but specific interferences with letter secrecy and documents.
This post explains from a legal perspective when Section 118 StGB may apply, how it differs from suppression of documents and evidence offences and which first steps are sensible before a complaint or statement.
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For Section 118 StGB letter, document, access and evidentiary function must be separated.
Where letter secrecy and suppression of mail is alleged, the precise file content matters. Do not explain the facts before you know which act, period and evidence are relied on.
From a legal perspective the first step is file inspection and a structured review.
Several persons may have been involved in decisions, documents or communication. Responsibilities and knowledge must be reconstructed before a statement is made.
From a legal perspective personal conduct and organisational background must be kept separate.
Documents, messages and payment records can be incriminating or exculpatory. They should be secured in their original context and not selectively presented.
The overall picture is decisive.
Before an interview, complaint or data disclosure, the file and the exact allegation should be known. Silence, written response and evidentiary requests are different tools.
Choose the next step only after legal review.
Section 118 StGB protects letter secrecy and certain documents. The core question is whether another person’s document was opened, accessed or suppressed without authority.
Not every dispute about records automatically falls under Section 118 StGB. Contracts, receipts or files may instead raise suppression of documents or evidence issues.
From a legal perspective the first step is to identify the document and who was authorised to access it.
Important evidence includes envelopes, delivery records, photographs, messages, office mail rules, witnesses and details of who had access at what time.
In shared flats, offices or mailboxes the facts are often complex. The question is not only who held the letter, but whether unauthorised access can be proven.
A plausible mail routine or authority to open specific mail may be exculpatory.
Section 118 StGB may appear in family conflicts, shared housing, businesses or after separations. Personal accusations are then often mixed with legal elements.
Accused persons should not spontaneously explain why they opened or kept mail. The precise sequence and authority must be reconstructed first.
Affected persons should not merely allege suppression. They should record time, document, delivery path and possible witnesses.
Before a complaint, clarify which document is affected and why the access was allegedly unauthorised. The more precise the chronology, the better the legal assessment.
Before a statement, file inspection should be obtained. Often only the file shows whether Section 118 StGB or another offence is alleged.
It may also be necessary to consider return, evidence preservation or civil-law steps before an immediate criminal complaint.
The assessment depends on the document, access and purpose.
| Point | Meaning | First check |
|---|---|---|
| Document | Letter or other record | What exactly is affected? |
| Access | Opening or withholding | Who was allowed to do what? |
| Intention | Deliberate suppression | What was allegedly prevented? |
| Distinction | Document or evidence | Which offence fits? |
Important: Document envelope, delivery path and time. A mere assumption about who opened the mail is often not enough for a solid complaint.
The provision protects letter secrecy and certain documents. Another person’s document, unauthorised access and concrete conduct are decisive.
Not always. Authority, knowledge, intention and the type of document matter.
Envelope, delivery proof, photographs, messages, witnesses and a precise chronology are important.
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