Will he be transferred?

Will he now be sent to a detention center?

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30.04.2024 14:45

Josef F., who was sentenced to life imprisonment after the incest case in Amstetten and committed to an institution for mentally disturbed offenders, was heard again in Krems on Tuesday. A psychiatrist and his therapists declare him "absolutely no longer capable of acting". Fritzl himself said at the hearing: "I'm looking forward to being outside." But a decision is still pending ...

After the hearing on Tuesday, no decision has yet been made about a possible transfer of the father of horror from Amstetten. This will be announced in writing, said defense lawyer Astrid Wagner. She should receive the decision "in the next few days".

Josef Fritzl at his first hearing in Krems in January. (Bild: Imre Antal, Krone KREATIV)
Josef Fritzl at his first hearing in Krems in January.

The hearing in Krems-Stein prison on Tuesday lasted one and a half hours, during which Josef Fritzl's possible transfer from a preventive to a regular prison sentence was discussed. Present: a three-judge panel; psychologists who are looking after the offender in prison; forensic psychiatrist Heidi Kastner, who re-evaluated him in winter - and of course the father of horror himself, with his lawyer Astrid Wagner.

"He is no longer capable of harming others"
Doctor Wolfgang Denk was absent - he had recently examined the 89-year-old and had come to the conclusion that he was "physically fit as a fiddle". And that due to his good state of health, there was a risk that he would still be able to commit crimes with serious consequences in the future.

Defense lawyer Astrid Wagner (Bild: Gerhard Bartel)
Defense lawyer Astrid Wagner

Heidi Kastner sees things completely differently, as became clear once again on Tuesday: she spoke at length about Fritzl's rapidly progressing dementia, because of which he would no longer be able to harm others. Or, indeed, to devise any "evil" plans and then carry them out. "She has confirmed that there has been a massive dementia-related deterioration that has buried the originally dangerous person within himself," said lawyer Wagner, speaking of a "change of character": "He is no longer dangerous, that has been said today, literally and several times."

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There is no written decision yet. But it's like putting one and one together and probably coming up with two - if the laws of nature are not completely suspended. And it's the same here with the dismissal.

Anwältin Astrid Wagner geht von einem positiven Ausgang für ihren Mandanten aus.

The decision on where the incest perpetrator should spend the rest of his life is likely to be made in the coming days and issued in writing. "I assume," says Wagner, "that he will soon be transferred to a normal prison." After that, the lawyer wants to apply to the judiciary for his release "as quickly as possible": "So that he can be placed in a care home." What does the father of horror say? "I'm already looking forward to being outside. I'm going to move to a small farm and breed goats there ..."

Father of horror from Amstetten
The Amstetten incest case came to light at the end of April 2008. Josef F. had held his daughter captive in a cellar dungeon for 24 years and fathered seven children with her - one died after birth. In March 2009, the accused was sentenced to life imprisonment in St. Pölten and at the same time ordered to be placed in a detention center due to his dangerousness as defined in Section 21 (2) of the Austrian Criminal Code. Josef F. was found guilty of murder by omission, slave trade, deprivation of liberty, rape, defilement of blood and aggravated coercion and thus of all charges.

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