Amstetten Incest Case – Now normal prison instead of an institution for Josef Fritzl

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Josef Fritzl (89), who was sentenced to life imprisonment for incest, is released from prison on parole. The regional court in Krems an der Donau announced this on Tuesday morning. However, he will remain in Stein prison for the time being.

The 89-year-old is transferred to the normal prison system; in 2009 he was admitted to an institution for mentally disturbed lawbreakers, that is, to a forensic-therapeutic center. However, the written decision of a three-member Senate is not yet legally binding.

The decision dates back to a non-public hearing by Josef F. on April 30. Above all, a psychiatric report by expert Adelheid Kastner was discussed. “She confirmed that there was a huge decline in dementia, burying the originally dangerous person within herself,” says lawyer Astrid Wagner. The 89-year-old is no longer dangerous.

Dementia progresses
Medical reports were also obtained. The inmate’s dementia had progressed and there was also physical decline and a combined personality disorder. These would have required instruction in enforcing measures.

“Such danger is (…) a basic requirement for housing. Furthermore, progression of chronic dementia is to be expected.”

Refused to be released from custody
At the same time it was decided that a conditional release from freedom was not possible. According to the court, the convicted acts demonstrate ‘unprecedented criminal energy’. In freedom there is neither a ‘necessary confrontation with the crimes’, nor a place to live or a social environment.

A probation period of ten years was established for normal prison sentences. The decision is not yet legally binding. Both the prisoner, his defense and the prosecutor still have the opportunity to file complaints.

Source: Krone

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