Austria: Double Punishment for Repeated Truancy?

Sept 12, 2025 Benn-Ibler Rechtsanwälte

The Tyrol Regional Administrative Court rejected an appeal challenging a penalty notice for non-compliance with compulsory education requirements, deeming it to be without merit. The appellant, the father of school-age children, contended that the sanction constituted a breach of the prohibition against double jeopardy.

A penalty notice was issued on June 4, 2025, after the man’s children had been absent from school without an excuse for several weeks. He was penalised for a similar offence on 7 February 2025 and argued this led to double punishment, since his spouse and one of the children had also been penalised for the same act.

The court established that, in accordance with the Austrian Compulsory Education Act, each parent holding parental authority bears an individual responsibility to guarantee their child's consistent school attendance. Upon reaching the age of 14, this legal obligation extends to the pupil as well. Consequently, concurrent penalisation of multiple responsible parties is permitted.

Regarding the allegation of a continuing offense, the court clarified that under administrative criminal law, each separate breach of duty is typically subject to punishment in accordance with the principle of accumulation. An exception exists for continuing offenses, which arise when similar violations are committed as part of an identifiable course of conduct. Nevertheless, if a breach of duty persists following the issuance of a previous penalty notice, the imposition of a new penalty is warranted.

In this instance, the initial penalty notice was issued on February 14, 2025. The infractions currently subject to penalty occurred subsequently, on February 17, 2025. Accordingly, these constitute distinct offenses that may be sanctioned independently.

Therefore, the prohibition against double jeopardy is not contravened.

LVwG-2025/12/1606, LVwG-2025/12/1607 (13 August 2025)