INTRODUCTION
The project team conducted desk research
covering relevant literature, national legislation,
commentaries, jurisprudence and relevant
policy documents. The Austrian project team is
supported by a National Advisory Board which
consists of the following members:
• Bettina Caspar-Bures: licensed attorney with a focus on criminal law and experience in cases concerning persons who
are subjected to preventive measures;
member of a National Preventive Mechanism (NPM) monitoring commission
• Friedrich Forsthuber: president of the regional criminal court in Vienna; criminal
judge
• Martin Kitzberger: head of the forensic
centre/specialized detention facility, Asten;
multiple years of experience with persons
with intellectual and/or psychosocial
disabilities; psychologist
• Reinhard Klaushofer: professor of public
international law; head of the Austrian
Institute for Human Rights; head of the
Austrian monitoring commission on detention of the NPM
• Gudrun Strickmann: deputy head of the
legal department of Vertretungsnetz, representation of individuals with intellectual/
psychosocial disabilities;
As part of the project, national consultations
were conducted in the form of expert
interviews with relevant stakeholders. The
project team has conducted interviews with
a public prosecutor, a judge, two lawyers, two
representatives of the Austrian Ombudsman
Board, a psychiatrist, a probation officer,
a social worker, two representatives of the
Ministry of Justice (for cross border cases)
and a representative of an organization
representing persons with intellectual and/
or psychosocial disabilities.
The project team further organized a national roundtable, where around 20 experts
representing all the relevant stakeholders
involved participated. The event provided
a platform for interdisciplinary exchange
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regarding challenges both in national proceedings and cases, as well as concerning
cross border cooperation on the relevant
EU Framework Decisions. Participants included two prosecutors, three judges, two
probation officers, two lawyers, one medical
expert, two representatives of NPM/CRPD
oversight mechanisms, one academic, one
representative of the Ministry of Justice who
is also head of a forensic centre/specialized
detention facility, four representatives of
extra-mural/aftercare facilities, one representative of an association representing
persons concerned, and three members of
the project team.
STRUCTURE OF THE REPORT
The report is divided into three main chapters.
Part 1 examines the implementation of the
relevant Framework Decisions into national
law. A particular focus was placed on those
provisions that could be of relevance to
persons with intellectual and/or psychosocial
disabilities. In addition, the application of
the Framework Decisions in practice was
analysed. The aim of Part 2 is to take a closer
look at the national situation for persons with
intellectual and/or psychosocial disabilities,
with regard to deprivation of liberty under
criminal law. Following a presentation of the
current legal situation (considering the latest
amendments in particular), current challenges
with regard to procedural rights, detention
conditions and alternatives to detention
and probation will be considered. Part 3 will
then serve to present recommendations for
strengthening the rights of defendants and
detainees with intellectual and/or psychosocial disabilities.