Autrian dude who kept his daughter locked away....Austrian criminal penalties?

[Berkut]

This story:

http://www.cnn.com/2009/WORLD/europe/03/17/austria.incest.trial.fritzl/index.html

Under Austrian law, if Fritzl is convicted on several offenses, he will be given the sentence linked to the worst crime. The charges he faces are:
• Murder: The infant who died in 1996 died from a lack of medical care, the state prosecutor said. The charge carries a sentence of life in prison.
• Involvement in slave trade: From 1984 until 2008, prosecutors allege, Fritzl held his daughter, Elisabeth, captive in a dungeon, abused her sexually and treated her as if she were his personal property -- in a situation similar to slavery. If he is convicted, the sentence could range from 10 to 20 years in prison.
• Rape: Between August 30, 1984, and June 30, 1989, Fritzl "regularly sexually abused Elisabeth," according to the prosecutor. The sentence could be from five to 15 years in prison.
• Incest: Parallel to the rape charge. It carries a sentence of up to one year.                                 • Withdrawal of liberty: Three of the children Fritzl had with Elisabeth were illegally held captive in a dungeon with no daylight or fresh air, according to prosecutors. That charge carries a sentence of one to 10 years. • Assault: Between August 28, 1984, and April 26, 2006, Fritzl repeatedly threatened Elisabeth and their three children with gas and booby traps as warnings in case they tried to escape, authorities allege. The sentence would range from six months to five years.

That seems rather hard to believe - no matter what he did, or how many times he did it, he can only serve time for the single worst crime he is convicted of?

Is that really correct?

Seems like a blanket permission to do anything you like, as long as it is only as heinous as the worst thing you've already done.

[Syt]

That concept is rather common in Europe (well, I can speak for Germany/Austria at least), contrary to the U.S. where, I think, you have consecutive penalties.

I agree that in extreme cases such as this it gives odd results; however, the idea (afaik) behind it is that resocialization of the criminal must stand at the end of the punishment. Sentencing someone to, say, 70 years in prison for stealing 70 cars would stand in the way of that.

I think both approaches have their merit and can be argued for.

[Capetan Mihali]

Hmm, judges in the US allow sentences to run concurrently all the time, which is all this really seems to do.

[Syt]

The amount of charges also makes it less likely that you're released earlier, and it creates a bias towards a longer sentence if the "most heinous crime" has a variance (say 5 to 20 years).

[jimmy olsen]

He should be looked in solitary for the rest of his life 24/7.

[Syt]

He's 70something, so that's likely, anyways.

[Viking]

In norway the usual result is that any time a criminal is actually caught and tried he usually confesses to any and all lesser crimes he might have carried out previously.

[PDH]

He should be sentenced to life in front of a firing squad!

(MB should get the reference)

[Martinus]

That concept is rather common in Europe (well, I can speak for Germany/Austria at least), contrary to the U.S. where, I think, you have consecutive penalties.

I agree that in extreme cases such as this it gives odd results; however, the idea (afaik) behind it is that resocialization of the criminal must stand at the end of the punishment. Sentencing someone to, say, 70 years in prison for stealing 70 cars would stand in the way of that.

I think both approaches have their merit and can be argued for.

I think the US system is a joke, to be honest, especially when, as you point out, you have a case of a big number of petty crimes.

[Ed Anger]

He should be sentenced to life in front of a firing squad!

(MB should get the reference)

Calm down Henry.

[Barrister]

I think the US system is a joke, to be honest, especially when, as you point out, you have a case of a big number of petty crimes.

And how does the US system deal with large numbers of petty crimes Martinus?

[Malthus]

I think the US system is a joke, to be honest, especially when, as you point out, you have a case of a big number of petty crimes.

And how does the US system deal with large numbers of petty crimes Martinus?

Actually, it is something I never really understood even in Canada - this concurrently or consecutively stuff.

I sort of assumed the judge had discretion to sort it out, but beyond that I'm clueless.

In the US, they have that Sentencing Guidelines stuff, but I'm not really all that educated on that either. I dunno if it applies to all crimes or only the most serious ones, or what.

[Barrister]

Actually, it is something I never really understood even in Canada - this concurrently or consecutively stuff.

I sort of assumed the judge had discretion to sort it out, but beyond that I'm clueless.

Thats right - its up to the judge to sort out.

First you look at whether the crimes are related or not.  If there was an assault during  which the guy also confined the person, and uttered a threat, then it should all be sentenced as one global event rather than as separate offences.  Whereas unrelated offences on unrelated days should be treated separately.

But you also have the "totality principle" - you have to look at the total effect of the sentence.  Thus if you have Marty's 70 counts of minor offences, 1 month might be reasonable for each one, but 70 months (almost 6 years) would not be.

[Syt]

Btw, big title headline on the free subway tabloid rag that about 30% of commuters read:
"EVIL ATTACK ON OUR AUSTRIA"
Because foreign media seem to criticize the public being excluded from the trial (which often happens over here to protect the victims, or when it's likely that the proceedings might be disturbed. It's mostly done in sex crimes.

[Caliga]

Having read more details about this case, I have to say it confirms my beliefs that:

* There is no God.

* Man is inherently evil.