Justice Minister allows civilian prison staff to carry pepper spray

The Federal Minister of Justice has authorized civilian prison staff to carry officially provided irritant spray devices (pepper sprays) in the performance of their duties. Use is expressly limited to cases of self-defense within the meaning of the Criminal Code. The regulation was promulgated as Ordinance No. 257 in the Federal Law Gazette for the Republic of Austria on August 25, 2026 (Part II).

Legal Basis and Scope

The ordinance is based on § 122 Para. 1 of the Prison Act, BGBl. No. 144/1969, most recently amended by a federal law BGBl. I No. /20. It is addressed to prison staff who do not belong to the Justice Guard—namely, civilian security and care personnel in Austrian correctional facilities who were previously not authorized to carry such devices.

The authorization exclusively covers devices provided by the Federal Ministry of Justice for this purpose. The private carrying of one’s own pepper sprays is therefore not covered.

Instruction Prior to First Use

Before carrying an irritant spray device on duty for the first time, instruction in its use is mandatory. This is conducted by a qualified person designated for this purpose by the respective Head of Office.

• Instruction before first use on duty is mandatory
• Implementation by a qualified person designated by the Head of Office
• Use only in cases of self-defense according to the Criminal Code

Entry into Force

The ordinance enters into force upon the expiry of the day of its publication in the Federal Law Gazette, i.e., at the end of August 25, 2026. It was signed by the Federal Minister of Justice.

For the affected employees, the regulation provides a clear legal basis for the handling of irritant spray devices on duty, combined with mandatory training and a strict limitation of use to self-defense situations.

Source: Federal Law Gazette for the Republic of Austria, Part II, No. 257 of August 25, 2026 (official reference: BGBl. II No. 257/2026).