“Brought into the present” – National Council decided to reform the enforcement of measures

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In its last session at its temporary home in the Hofburg, the National Council decided on the first major reform of the long-criticized enforcement of measures. After 50 years of stagnation, the execution of mentally ill lawbreakers has finally been “brought into the 21st century,” said Justice Minister Alma Zadic (Greens). The opposition voted against the draft, but sees many shortcomings.

The core of the reform adopted with the votes of the ÖVP and the Greens – which will come into force partly in March, partly in September 2023 – is the increase of the penalty thresholds. Mentally ill offenders can only be institutionalized for life if the original crime carries a prison sentence of more than three years (previously: one year) (from one year if there is a danger to sexual integrity or life and limb). And for young people, even higher thresholds will apply in the future: if they are mentally ill, they will only receive a prison sentence if they commit a capital offense (ie a criminal offense of ten years or more).

SPÖ criticizes regulation for terrorists
There is also a special rule for terrorists, namely for repeat offenders who are likely to commit a new terrorist act. They should be able to be imprisoned (and thus potentially jailed for life) if they have already been incarcerated for 12 months for a relevant offense (serious intentional violence, terrorism) and then committed another terrorist offence, with a threat of 18 months. SPÖ spokeswoman Selma Yildirim sees the scheme for repeat offenders as a “distraction from real terrorism prevention”. Because there is still not enough money for proper reception and treatment of people in prison, none of this is a “breakthrough”.

The FPÖ rejected the amendment because it pursued a “wrong goal” – “namely cost-cutting instead of protecting society,” explains Harald Stefan. It was just about taking people from the prisons to the psychiatric ward – and the staff there were not trained to deal with criminals.

NEOS fears sloppy reports
NEOS spokesman Johannes Margreiter feared that the quality of the reports would deteriorate even further. Because including psychologists in the circle of experts would lower the requirements – even though this is about the “very crucial question of whether we lock someone up or not”. This decision should no longer be made by individuals, but by councils, he said.

In contrast, ÖVP spokeswoman Michaela Steinacker sees significant progress in consulting clinical psychologists for expert advice. Professional treatment is assured and the detainees are given the prospect of being released again through regular checks.

An important step is now being taken to “bring the enforcement of measures up to date”, Green Agnes Sirkka-Prammer defended the reform. That is the necessary foundation – and the question of modernizing the treatment and care of the mentally ill in prison, including adequate staff support, will be the second step of the reform. According to the Minister of Justice, this is being worked on. This year is already estimated at 40 million euros extra.

More side income allowed with child support
This morning it was already decided to raise the additional income limit for child benefit. In the future, this will be 7,800 euros (income-related variant) or 18,000 euros (flat-rate variant). The proposal was passed unanimously by the National Council.

With the session on Thursday, the National Council says goodbye to the Hofburg after more than five years – it moves back to the renovated parliament building. However, parliamentary operations in the Hofburg have not yet completely ceased. On December 20 and 21, the Federal Council will discuss the resolutions of the current plenary week in the alternate quarters.

Source: Krone

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