A bang for the incest case Amstetten in Lower Austria: Last April it was said that Josef F. would be transferred from the so-called prison sentence to the normal prison, this decision has now been revised: “The Higher Regional Court (OLG) Vienna needs further housing in an institution for mentally abnormal lawbreakers,” the Krems regional court said on Tuesday, which had previously ruled otherwise.
By order dated April 1, the criminal court in charge of Stein Prison had conditionally released Josef F. from carrying out the measures and ordered that the life sentence imposed on him be carried out. The public prosecutor’s office in Krems has filed a complaint, which has since been followed up. If F. had remained in the regular prison, he could have applied for parole after 15 years at the earliest.
F. – he has since changed his name – was sentenced to life imprisonment in March 2009 and sent to an institution for mentally disturbed offenders – the so-called “measure enforcement”. Since then he has been in the Krems-Stein prison. The Prison Court – in this case the Krems Regional Court – regularly checks whether the conditions for placement in prison are still met. This check, whether the requirements of paragraph 21 paragraph 2 of the Criminal Code have been met, is legally required.
Psychiatric report: No more danger
At the end of September 2021, the decision was taken in Krems to release F. from the measure and transfer him to the “normal prison”, where he would serve his life sentence. The decision at the time was based on the assessment of a psychiatric report, according to which the now 87-year-old no longer posed a danger.
The public prosecutor’s office in Krems then appealed and the case went to the OLG. The regional court’s decision was quashed there and the files were returned to Krems in November 2021. The Supreme Court found the reasoning “too little extensive” and ordered that the original criminal file had to be purchased again so that a “broader discussion” about the development of F. could be conducted, according to a spokesperson for the Supreme Court of the time. The above additional report was subsequently commissioned by the Krems Regional Court.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
