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 14 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.

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