This means the 89-year-old will be transferred to a regular prison, but will initially remain in the current setting at Stein Prison. In 2009, Fritzl was admitted to an institution for mentally abnormal offenders – now a forensic treatment center.
The three-judge Senate’s decision, announced Tuesday, includes a ten-year probationary period. This is based on Fritzl’s public hearing on April 30, in which the psychiatric report of expert Adelheid Kastner was also discussed. According to a release from the Krems Regional Court, a three-judge panel said in a written decision that Fritzl “no longer poses a risk to be employed at the forensic-treatment center.”
“Criminal Offenses Can’t Be Expected”
“Due to an extensive, progressive dementia and physical deterioration, the prisoner’s integrated personality disorder necessitated admission, the prisoner’s dangerousness has been reduced and no criminal offense with serious consequences is expected”. Also registered.
Chronic dementia can be considered progressive. In reaching its decision, the three-judge panel based its decision not only on Costner’s psychiatric report, but also on forensic medical expertise and current findings.
A general conditional release to freedom from ordinary imprisonment was also decided. This is “impossible for special preventive reasons”. In view of the “unprecedented criminal potential in relation to punishable acts”, “future freedom from crime” cannot be assumed. There is a lack of testing in the release process, a necessary confrontation with crime and a place to live with the social environment.
Following the decision of the three-judge panel, the public prosecutor’s office and advocates have the option of appealing to the Vienna Higher Regional Court (OLG). If an appeal is filed, the higher regional court will have to decide again – as it did last March – to withdraw, confirm or amend the decision. Either way, Stein will remain in jail until the 89-year-old is legally bound.
The daughter was held captive in the basement for 24 years
The case came to light in late April 2008. Fritzl – who now goes by a different name – held his daughter captive in the dungeon for 24 years and fathered seven children with her – one of whom died after birth. In March 2009, the defendant was sentenced to life imprisonment in St Bolton, while ordered to be kept in prison due to his dangerous nature within the meaning of section 21 paragraph 2 of the Criminal Code.
Fritzl was found guilty on all charges of murder, slave trade, deprivation of liberty, rape, sex and extreme coercion – more on this in Fritzl: The incredible sedition case spread around the world (noe.ORF.at; October 28, 2022).
