However, there was no decision about the possible transfer from measures to normal enforcement after the appointment. This will be issued in writing over the next week, the Krems regional court said. The venue for the non-public hearing was the Stein prison on Tuesday afternoon.
Comprehensive consultations
Due to the current factual and legal situation, the three-judge senate still has to “comprehensively consult with each other,” said Ferdinand Schuster, spokesman for the Krems regional court. The decision is therefore made in writing.
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In a media statement, defense attorney Astrid Wagner described the fact that the decision was not announced immediately as “unusual” but “understandable.” After all, it is a “comprehensive and significant process”. The lawyer herself firmly believes that Josef F. will be transferred to normal prison. “This is a first and very important step on the way to the final release from prison.”
“Massive decline in dementia”
Psychiatric expert Adelheid Kastner, among others, spoke at the hearing. “She confirmed that there had been a massive decline in dementia that had buried the originally dangerous person within herself,” said Wagner, speaking of a “change in character.” The 89-year-old is “no longer dangerous, that’s what was said today, literally and several times.”
Josef F. was initially confused after the hearing, but also grateful. “Now he is very relieved,” said Wagner. Following the decision of the three-judge senate, Josef F. or his legal representation as well as the public prosecutor’s office again have the opportunity to lodge an appeal with the Higher Regional Court (OLG) in Vienna. In any case, the 89-year-old must remain in the Stein prison until the decision becomes final.
Vienna Higher Regional Court ordered a detailed examination
A hearing for Josef F. was last staged in Krems on January 25th. A conditional release from prison to normal prison was announced, but this was subsequently overturned by the Vienna Higher Regional Court. “Unlike the court of first instance, the Vienna Higher Regional Court came to the conclusion that the necessary facts for a decision on such a conditional dismissal have not yet been clarified,” it said in mid-March. As part of an amendment to the procedure, the order was issued that the most recent psychiatric report from the expert Kastner had to be updated. In particular, the possible elimination of Josef F.’s dangerousness should be examined again in detail.
The Amstetten incest case became known at the end of April 2008. Josef F. kept his daughter prisoner in a cellar dungeon for 24 years and fathered seven children with her – one died after birth. In March 2009, the defendant was sentenced to life imprisonment in St. Pölten, and at the same time he was ordered to be placed in prison due to his dangerousness within the meaning of Section 21 Paragraph 2 of the Criminal Code. Josef F. was found guilty of murder by omission, slave trading, deprivation of liberty, rape, incest and severe coercion and therefore on all charges.
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Source: Nachrichten
