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Sentencing in Austria: mitigating factors, aggravating factors and restitution
Sentencing in Austria: how mitigating factors, aggravating factors, confession, restitution and preparation affect the concrete sentence.
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Mag. Christopher Angerer, Rechtsanwalt
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7 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
After the question of guilt comes sentencing. It decides whether a fine, suspended sentence, partly suspended sentence or unsuspended imprisonment is at stake. For accused persons this part is often difficult to grasp, although it directly shapes life after judgment.
This article explains the principles of sentencing under sections 32 et seq StGB, typical mitigating and aggravating factors and the role of confession, restitution and preparation for the main hearing.
Quick assessment
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Choose the situation closest to yours. You will receive an initial orientation and the next practical step.
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Which situation is at stake?
The first assessment depends on whether there is already a complaint, summons, concrete evidence or upcoming hearing.
All paths at a glance
Overview of all answers.
Attend questioning prepared.
Before making a statement, clarify your role, the evidence and whether silence, partial information or a prepared statement is appropriate.
Examine evidence fully and in context.
Individual messages, records or statements can mislead. The timeline, full context and possible exculpatory material matter.
Prepare the hearing actively.
Before the main hearing, evidence applications, mitigating factors, documents and the statement decision should be clarified.
Factors
What influences the concrete sentence?
| Factor | Effect | Practical preparation |
|---|---|---|
| Guilt and consequences | Starting point of the sentence | Present contribution and consequences precisely |
| Mitigating factors | Can reduce the sentence | Collect evidence early |
| Aggravating factors | Can increase the sentence | Examine each allegation |
| Restitution | Often strongly mitigating | Document payments and efforts |
The principle of sentencing
The principle of sentencing
Section 32 StGB requires an overall assessment. The court considers guilt, the offence, consequences, motives, conduct after the offence and personal circumstances. Sentencing is therefore not a mechanical calculation.
From a legal perspective, mitigating circumstances must be made provable, not merely asserted. What is not in the file or raised at the hearing often receives too little weight.
Mitigating factors under section 34 StGB
Mitigating factors under section 34 StGB
Section 34 StGB lists typical mitigating factors. They may include no previous convictions, confession, restitution, special motives, a subordinate contribution or the passage of time. Which points count depends on the case.
A confession is not always advisable. It can mitigate where the evidence is clear and responsibility is credibly accepted. If the evidence is disputed, it must first be assessed whether and to what extent a statement is right.
Aggravating factors under section 33 StGB
Aggravating factors under section 33 StGB
Section 33 StGB lists aggravating factors, such as relevant previous convictions, several offences, particular consequences or certain motives. Exact proof matters here as well.
The defence should not accept aggravating assertions in general terms. Is a previous conviction relevant? Are several acts really separate offences? Is the alleged damage causally proven and quantified?
Restitution and active preparation
Restitution and active preparation
Restitution can be an important mitigating factor in many cases. It is not only payment, but also serious efforts to repair damage or limit consequences.
Useful evidence includes payment confirmations, settlement offers, letters of apology, insurance handling or proof of therapy, training or other preventive measures. These materials should be prepared before the hearing.
Sentencing starts before the hearing. Looking for mitigating material only after the judgment is too late. Mitigating factors, restitution and personal documents should be organised in time.
Frequently asked questions
What you need to know about sentencing.
Does only the statutory range decide the sentence? +
No. The statutory range sets the limits. The concrete sentence follows from guilt, consequences, mitigating factors, aggravating factors and personal circumstances.
Is a confession always advisable? +
No. A confession can mitigate if it fits the evidence and strategy. Before any statement, the file should be examined.
Does restitution help in criminal proceedings? +
Yes, it can be strongly mitigating. Payments or serious efforts should be documented clearly.
Topics
sentencingmitigating factorsaggravating factorsrestitutionmain hearingAustria
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