The turquoise-green federal government has approved the long-discussed reform of enforcement measures. Mentally ill lawbreakers can only be detained for life if the crime carries a sentence of more than three years in prison. If there is a danger to sexual integrity or life and limb, this applies from one year. A special arrangement will be made for terrorists in the repeat offenders category. In the future, a predicate offense will be enough to imprison them.
After the Council of Ministers on Wednesday, Minister of Justice Alma Zadic (Greens) emphasized that the core of the implementation of measures has been virtually unchanged for about 50 years. Austria has therefore already been convicted twice by the European Court of Human Rights. According to Zadic, enforcement of measures is “heavily burdened”: There are currently about 1,400 people enforcing measures. The number has increased dramatically over the past ten years. With the reform there is now “gfairer and more accurate housing,” emphasized the minister.
Anyone who encounters or poses a threat to a bailiff or police officer during a psychotic episode no longer necessarily needs to end up in jail and potentially face life in prison. Persons whose endangering others can be treated better under the Housing Act should no longer be involved in the enforcement of measures.
One basic offense is enough for terrorists
In addition to the implementation of measures for the mentally ill, there are also changes: a special regulation for terrorists has been introduced in the category of repeat offenders. Unlike other offences, one predicate offense is sufficient for enforcement of measures. This must have been the result of serious intentional violence, terrorism or an act of danger to the public and resulted in an unconditional prison sentence of more than twelve months. The initial act must then be a “terrorist crime” with a prison sentence of at least 18 months. In addition, there is a fear that more crimes with serious consequences will be committed. The reason for this change was the terrorist attack in Vienna two years ago.
There must be improvement for young people. So far, no distinction has been made between them and adults. Now they only go to jail if they commit a capital offense (a sentence of ten years or more). “A dangerous threat or scuffle is not enough, that a mentally ill young person will spend the rest of his life behind bars,” said Green Justice Minister Zadic.
Old terms will be deleted
In addition, new terms are being created: the current “institutions for mentally abnormal lawbreakers” are becoming “forensic therapeutic centers”. The “higher degree mental or mental disorder” referred to in the law will in future be termed “severe and permanent mental disorder”. The renaming may seem insignificant, but “language creates awareness,” Zadic emphasized.
The government bill passed on Wednesday will be discussed in December in the Justice Committee of the National Council and then decided in plenary. A second part of the reform must then be tackled, explains Zadic. This also includes support for the implementation of the measures themselves.
Source: Krone
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