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The proverbial “Sword of Damocles” hangs over those who are conditionally released - recall. In Austria, those conditionally released can be – under certain circumstances – recalled to prison2, with the consequence that the offender has to serve the (whole) rest of the prison term.3
According to the Austrian Criminal Code (Strafgesetzbuch – CC) 4, conditional release has to be revoked if the offender
- is convicted again for a crime committed during probation time,
- recklessly disregards directives despite formal warnings during probation time, or
- persistently fails to keep in contact with his probation officer during probation time5
and
- if revocation of the conditional release seems advisable because of special prevention aspects.
Where recall is not pronounced, judges can instead extend the probation time.6
Keywords: Recall, Probation service, Recidivism, Special prevention
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