Austria: Josef Fritzl is released from prison but remains in custody

“Monsters of Amstetten”
Josef Fritzl is allowed to be released from prison, but remains in custody

Josef Fritzl, who became known as the “Monster of Amstetten”.

© Police / DPA

The Amstetten incest case in Austria made headlines around the world: Josef Fritzl kept his daughter prisoner in the basement for years, raped her and had children with her. In 2009 he was sentenced to life imprisonment. The 88-year-old can now be released from prison under certain conditions.

Josef Fritzl, who became known as the “Monster of Amstetten”, is allowed to be released from the so-called prison system under conditions after 15 years in prison. The Krems regional court in Austria decided this on Thursday. This means that the now 88-year-old will be transferred to the normal prison system. However, the panel of three judges decided that Fritzl would not be released early from prison for preventative reasons, as a spokesman for the regional court said. According to the court spokesman, this decision is not yet legally binding. This is according to the newspaper “Standard” is that no prosecutor was present at the hearing. The prosecution now has 14 days to file an appeal. However, Fritzl will remain in the enforcement of the measures until they become legally binding.

The basis for the transfer to a normal prison is a psychiatric report that certifies that Fritzl has dementia, according to which, according to the defense attorney, no criminal offenses are to be expected. “This person is simply not dangerous,” said his lawyer. However, the prerequisite for moving to a normal prison is proof of regular psychotherapy. Defense attorney Astrid Wagner called the court decision a “partial success.” Her client was “very touched”. As the “Standard” further writes, Wagner wants to campaign for a general conditional dismissal, i.e. a step towards freedom.

The Josef Fritzl case made headlines around the world

Fritzl was sentenced to life imprisonment in March 2009. The charges in the trial were murder by omission, rape, deprivation of liberty, severe coercion, slavery and incest. Since then, the trained electrical engineer has been in prison at the Stein prison near Krems and had to undergo therapy there.

In 1984, in the small Austrian town of Amstetten, Fritzl locked his then 18-year-old daughter in the soundproof cellar of his house. Over the next 24 years he raped her thousands of times and fathered seven children with her. One of them soon died. According to authorities, the wife, who lived on the first floor of the house with the rest of the family, was unaware of any of this. The case broke in 2008 and made headlines around the world. Fritzl took on a new last name in prison.

The enforcement of measures in Austria is referred to there Ministry of Justice “the accommodation of lawbreakers with mental illnesses who must be isolated from the outside world due to their inherent danger.” The aim is to reduce the danger of the perpetrators by treating the mental illness. There is therefore enforcement of measures for people with “serious and lasting mental disorders” and enforcement of measures “for lawbreakers in need of cessation”. The latter group refers to criminals who have committed crimes while using alcohol and drugs.

In Austria, courts decide whether the enforcement of measures will be maintained. The prerequisite for this is that the psychological state of the imprisoned person has improved significantly and that the person poses a significantly lower risk. Release from the enforcement of measures can only take place under certain conditions, as is now the case with Josef Fritzl.

Note: This article has been updated several times since it was first published and additional information has been added.

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DPA
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