Josef Fritzl, 90, 'no longer poses a danger' but CANNOT be freed, court rules: ... trends now

Josef Fritzl, 90, 'no longer poses a danger' but CANNOT be freed, court rules: ... trends now

Austrian incest monster Josef Fritzl 'no longer poses a danger' but cannot be freed for 'special preventive reasons' and will remain in prison, a court has ruled.

The depraved rapist can be released to a normal jail and no longer needs to be held in a high security facility for the mentally ill, the Regional Court of Krems announced today.

The 90-year-old secretly imprisoned his daughter in a secret dungeon beneath his home from 1984-2008, during which time he raped her thousands of times and fathered seven children with her.

He was jailed in 2009 and handed a life sentence, but last month a panel of judges  met to decide whether a previous court ruling trying to block his bid for freedom should be reversed, with their judgement delivered today.

The court heard evidence including a psychiatric report, which found that Fritzl's mental state had declined severely due to his dementia, reducing his 'dangerousness' and ability to re-offend.

Josef Fritzl is seen during day four of his trial at the country court of St. Poelten in 2009

Josef Fritzl is seen during day four of his trial at the country court of St. Poelten in 2009 

The depraved rapist can be released to a normal jail, the Regional Court of Krems announced today, saying that he no longer needs to be held in a high security facility for the mentally ill

The depraved rapist can be released to a normal jail, the Regional Court of Krems announced today, saying that he no longer needs to be held in a high security facility for the mentally ill 

The judges found however that Fritzl's 'unprecedented' criminality means it 'cannot be assumed that there will be no future freedom from offences'.

They said that there has not been enough 'testing' of him while in prison or on day release to determine how he will function outside jail.

Fritzl will be on a ten-year probation in the regular prison, meaning he could be returned to the higher security facility. 

The decision of the court is not legally binding, Austrian news outlet Heute reports, meaning it could yet be overturned.

The regional court previously ruled in January that Fritzl no longer posed a threat to society, and therefore could be moved from a high-security prison to a normal jail.

This decision went on to be viewed as the first step in a process which could result in the Fritzl being released from prison completely.

Prosecutors then opposed the lower court's decision, and the Vienna Higher Regional

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