Criminalisation

With regard to the laws of the individual Bundesländer, behaviour that is typically related to homelessness may be prohibited or restricted by the security land police laws of the Bundesländer as well by other laws and by-laws.

These laws will not be examined individually, but will ratherbe analysed in light of certain forms of public behaviour which are typically linked to homelessness, such as begging, sleeping outside or in vehicles, sanitation, drinking and street art.

Offences directly affecting the homeless:

Begging: Begging in public places is prohibited by eight out of nine Bundesländer (the only exception being Burgenland. Some states expressly extend such prohibitions to door-to-door begging. In two Bundesländer, begging is entirely prohibited (Salzburg, and Tirol) without differentiating between the types of begging. In six Bundesländer, intrusive, aggressive and commercial/professional (“gewerbsmäßig”) begging is prohibited (Oberösterreich, Steiermark, Kärnten, Vienna, Niederösterreich, Voralberg). In the state of Niederösterreich, aggressive begging includes almost every form of begging, the only exception being sitting in a public place without creating an obstacle. Begging with children is forbidden in all of these eight Bundesländer. This prohibition does not only cover children begging in the aforementioned manners, but also applies to cases where begging is performed accompanied by a child. Vienna even prohibits door-to-door collections of donations any kind (e.g. used clothing collections) by means of the Wiener Sammlungsgesetz (Vienna Collection Law). Charity organisations may however file a request for authorisation with the local authorities. Administrative fines for an infringement of these provisions vary between the Bundesländer strating from € 360.- in Tirol and raching up to € 1,000.- in Niederösterreich or even € 2,000.- in Steiermark. In the case that the fine cannot be paid, most of the laws provide for the alternative possibility of imprisonment (Arrest) between one (Vienna) and four weeks (Salzburg).

Rough Sleeping: Sleeping outside or in vehicles is regulated by means of by-laws. With the exception of campgrounds, it is prohibited to sleep in sleeping bags, tents and vehicles in (outdoor) public places. It is forbidden to stay in public parks outside of opening hours which means that homeless people cannot sleep in parks at night. Police is allowed to disband groups when occupying private ground(§37 Security Police Law (SPG)). Violation of such by-laws may lead to a penalty of up to € 700.

Offences indirectly affecting the homeless:

Public bathing and urination: Generally bathing and washing in public waters is common use and allowed under Article 8 Wasserrechtsgesetz (Waterrights law). However, according to Article 8 section 2 WRG some public waters can be blocked from bathing, which is partially the case in Vienna, see below. In Vienna bathing in public waters in parks is prohibited. Some of the Bundesländer (e.g. Steiermark) also prohibit the “unsavory” use of public fountains, which may include bathing in public fountains.Violation of this by-law can be sanctioned by a fine of up to € 700.- in Vienna (or up to € 2,000.- in the Steiermark. Bathing naked appears to be a violation of decency and is prohibited by all Bundesländers’ security laws. Urination in public is a violation of decency. A fortiori this will apply to public defecation. Penalties are up to € 700.- or 1 week of imprisonment if the fine cannot be paid.

Public Drinking: Drinking alcohol in public is not generally forbidden in Austria. Austrian Bundesländer however have the discretion to pass such laws, and some politicians seem to aspire to a prohibition of public alcohol consumption in Vienna. Intoxicated people can be expelled from certain places if they grievously endanger themselves or other people (Section 36 SPG). The above mentioned blanket-clause (Section 27 SPG) may be invoked to safeguard order in public places. Keeping in mind the disinhibiting effects of alcohol, intoxicated persons are very likely to be considered a disturbance of public order by the authorities.