Dismissal rejected
OLG overturns release from prison for Fritzl
On Monday, the Vienna Higher Regional Court (OLG) revoked the application for the release of incest perpetrator Josef Fritzl (88), who had been sentenced to life imprisonment. The date for a further hearing has now been set. On April 30, a new decision will be made as to whether the 88-year-old will be conditionally released from prison.
The decision after the hearing on April 30 will again be made by a three-judge panel. The expert witness Adelheid Kastner, the 88-year-old and his defense lawyer will also be present at the public hearing in the courtroom of Stein prison.
Certified dementia
The conditional transfer to normal detention, which was the subject of an appeal by the public prosecutor's office, was based on a psychiatric report. Among other things, it was based on a certified dementia. It would mask his mental abnormality.
Hope for placement in a nursing home
The three-judge panel followed this decision and, according to his lawyer Astrid Wagner, also found that the 88-year-old was "no longer dangerous", thus paving the way for him to be transferred to a normal cell. Subsequently, placement in a nursing home would then be possible. However, the application was rejected by the Higher Regional Court on Monday because additional medical documents have yet to be obtained. This was announced by Ferdinand Schuster, spokesman for the Krems Regional Court.
Hearing at the end of April
In particular, the fact that Josef F. (who now goes by a different name) is no longer dangerous needs to be re-examined in detail.
The rejection by the Supreme Court is "not logically comprehensible" for his defense lawyer Astrid Wagner. She told the "Krone" newspaper: "There is a conclusive expert opinion. The decision by psychiatrist Adelheid Kastner is correct. It was never contested." The top lawyer sees an "unnecessary delay", as this is a "socio-politically explosive case".
Mr. Fritzl can wait. He is one hundred percent released from prison.
Anwältin Astrid Wagner
Incest case in Amstetten
Almost everyone knows about the terrible incest case in Amstetten. A father who kept his daughter locked up in a cellar dungeon for almost 24 years and fathered seven children with her. In 2009, Josef Fritzl was unanimously sentenced to life imprisonment at the St. Pölten Regional Court for murder by omission, rape, deprivation of liberty, aggravated coercion and incest.
Lawyer remains confident
Lawyer Astrid Wagner emphasizes once again: "In the meantime, my client is physically safe and psychiatrically safe anyway. It's not just about Mr. Fritzl. There are many people who need a place in therapy and now one is being blocked further." Despite the setback, Wagner remains confident: "Mr. Fritzl can wait. He will be 100 percent released from detention." Whether this will be the case in April after the new hearing remains to be seen ...
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