Will be placed in normal custody

Fritzl: No complaint from the public prosecutor’s office

Fritzl on his way to a hearing in January

(Bild: Imre Antal)

In mid-May, Josef Fritzl's conditional transfer from detention to normal prison was announced. The public prosecutor's office in Krems will not lodge an appeal against this decision, announced Franz Hütter, spokesman for the authorities. The decision of a three-judge panel of the Krems Regional Court will therefore become legally binding on Tuesday.

The decision of the three-judge panel, which was communicated in writing on May 14, includes a probationary period of ten years. It is based on Fritzl's non-public hearing in Stein prison on April 30, at which the psychiatric report by expert Adelheid Kastner was also discussed.

"No longer dangerous"
The Senate had determined that Fritzl "no longer posed a danger that would require placement in a forensic therapeutic center". The combined personality disorder that was decisive for the hospitalization had been buried, so to speak, "due to a comprehensive, progressive dementia and physical deterioration".

The 89-year-old's dangerousness had diminished and he was no longer likely to commit criminal acts with serious consequences. It is also assumed that the chronic dementia is progressing. In addition to Kastner's psychiatric report, the three-judge panel also based its decision on a forensic medical report and current findings.

Release to freedom not possible
In mid-May, a decision was also made on a general conditional release from normal detention to freedom. This was "not possible for special preventative reasons", it was stated. In view of the "unprecedented criminal energy involved in the convicted offences", it could not be assumed that the offender would be "free from future criminal activity". There was a lack of testing in prison, a necessary confrontation with the offenses as well as a place to live including a social environment.

In any case, Josef Fritzl (who now has a different name) will remain in the current setting in Stein prison until his sentence becomes final. Where he will then serve his normal sentence remains open for the time being. Defense lawyer Astrid Wagner expected on Monday that the 89-year-old would initially be sent to the infirmary of Stein correctional institution and later transferred to another prison. Wagner described the transfer of her client to a normal prison as a nice stage victory. However, the goal remains general release to freedom, which she would like to "apply for in the near future". Before that, however, "preparation for release must take place".

Lawyer Astrid Wagner represents Fritzl.

(Bild: Gerhard Bartel)

Incest case became known 16 years ago
The incest case in Amstetten became known at the end of April 2008. Josef Fritzl 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 trading, deprivation of liberty, rape, blood libel and aggravated coercion - and thus of all charges.