No objection: Josef F. is sent to normal prison

Authority spokesman Franz Hütter announced this on Monday when asked. The decision of a three-judge panel of the Krems Regional Court will therefore become legally binding on Tuesday (tomorrow). The decision of the three-judge panel, communicated in writing on May 14, includes a probationary period of ten years. It is based on the non-public hearing of Josef F. in Stein Prison on April 30, at which the psychiatric report by expert Adelheid Kastner was also discussed.

• Also read: Josef F. is no longer considered dangerous, but remains behind bars

Dementia and physical deterioration

The Senate determined that Josef F. “no longer poses a danger that would require him to be placed in a forensic therapeutic center.” The combined personality disorder that led to his admission had been “buried, so to speak, due to a comprehensive, progressive dementia and physical deterioration.” The 89-year-old’s dangerousness had been reduced, and he was no longer expected to commit a criminal offense with serious consequences. It was also assumed that his chronic dementia was progressing. In making its decision, the three-judge Senate relied on Kastner’s psychiatric report, a forensic medical report and current findings.

• Also interesting: The very elderly in prison: What happens when prisoners become in need of care

Dismissal not possible

In mid-May, a decision was also made on a general conditional release from normal prison to freedom. This was “not possible for special preventive reasons,” it was said. In view of the “unprecedented criminal energy in connection with the convicted crimes,” it could not be assumed that “future freedom from crime” would be possible. There was a lack of testing in prison upon release, a necessary confrontation with the crimes, and a place to live with a social environment.

“Nice stage win”

Until the final legal ruling, Josef F. will remain in the current setting in Stein Prison. Where he will serve his normal sentence after that remains open for the time being. On Monday, defense attorney Astrid Wagner expected that the 89-year-old would initially be placed in the infirmary of Stein Prison and later transferred to another prison. Wagner described her client’s transfer to normal prison as a nice interim victory. The goal, however, remains Josef F.’s general release into freedom, which she would like to apply for “as soon as possible.” Before that, however, “release preparations must also take place.”

Daughter held captive for 24 years

The incest case in Amstetten became known at the end of April 2008. Josef F. (who now has a different name) had kept his daughter in a basement 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 was ordered to be placed in a correctional facility 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 trade, deprivation of liberty, rape, incest and serious coercion – and thus on all counts.