Vienna, Austria – A 23-year-old man who died by suicide although in custody at the Josefstadt Prison in Vienna last May has prompted a wave of scrutiny and demands for a comprehensive investigation into the circumstances surrounding his death. The case, initially reported by the Austrian weekly “Falter,” raises serious questions about the adequacy of mental health care within the Austrian penal system and whether proper protocols were followed when dealing with an individual exhibiting clear signs of psychological distress.
The man, who was arrested in April 2025 following an incident involving a physical assault on his mother and disruptive behavior in a shopping center, was held in pre-trial detention due to concerns he posed a threat. Still, advocates argue he should have been transferred to a psychiatric facility rather than a conventional prison, given his deteriorating mental state. The case highlights a critical debate surrounding the intersection of mental health and the criminal justice system in Austria, and the need for improved procedures for identifying and treating individuals with mental illness within correctional facilities.
Concerns Over Mental Health Evaluation and Treatment
According to reports, concerns about the man’s mental health were raised as early as February 2025, with a social worker recommending a psychological evaluation. His family also reportedly pleaded for urgent intervention, fearing for his well-being. Despite these warnings, the man remained in pre-trial detention and, crucially, was not prescribed any medication during his incarceration. An autopsy revealed he had not been medicated, according to Sebastian Lesigang, the family’s attorney.
Lesigang, representing the man’s father, confirmed the details outlined in the “Falter” report, stating, “We demand full clarification.” He emphasized that the man experienced a “psychotic episode” and exhibited clear indicators of a potential mental illness and possible inability to be held fully accountable for his actions. “He should have been placed in a forensic-therapeutic center and treated there, in accordance with the Criminal Procedure Code (StPO),” Lesigang stated, as reported by ORF.
Prior to his arrest, the man had returned from a trip abroad in late February 2025 experiencing a psychotic state, and had been seen multiple times at psychiatric hospitals, though never admitted for inpatient care. Doctors attributed his condition to “multiple substance leverage” and the consumption of psychotropic substances, according to “Falter.” Despite these documented issues, the public prosecutor’s office still requested pre-trial detention, even though the case worker reportedly expressed “justified doubts regarding the defendant’s criminal responsibility” in writing.
Investigation Launched, Questions Remain
A criminal investigation into negligent homicide was launched by the St. Pölten public prosecutor’s office in September 2025. The prosecutor has now requested internal documents from the General Directorate for Prison Administration and Deprivation of Liberty, as well as data from the electronic prison management system related to the case, according to Trend.
A psychiatric expert consulted to determine culpability concluded that the psychiatric care provided to the 23-year-old at Josefstadt Prison was “adequate, considering the risk and the unpredictability of a serious and significant self-harm risk.” However, this assessment has not quelled the concerns of the family and their legal representation.
The Austrian People’s Advocate (Volksanwaltschaft) is also involved, having received a complaint from the family’s lawyer. Gabriela Schwarz, the People’s Advocate responsible for correctional facilities, stated that the case is not comparable to the “Hirtenberg tragedy” – a reference to a separate, high-profile incident – but acknowledged the need for a thorough investigation. “Whether the prisoner received sufficient medical and psychological care at the time of his death will remain to be clarified in court proceedings, which the People’s Advocate will not anticipate,” Schwarz said, as reported by BVZ.at.
The man was found dead in his bed by fellow inmates on the morning of May 10th, with a forensic examination confirming his death was a suicide. His U-Haft (pre-trial detention) had been extended after 14 days despite new evidence suggesting a mental health condition. Requests for his release and for him to be placed in a shared living arrangement were both denied.
If you or someone you know is struggling with suicidal thoughts, please reach out for help. In Austria, you can contact the nationwide telephone helpline at 142 free of charge. For young people and young adults, Rat auf Draht is available at 147.
The investigation is ongoing, and the outcome will likely have significant implications for the way individuals with mental health concerns are handled within the Austrian criminal justice system. The focus now shifts to the court proceedings, where a more detailed examination of the circumstances surrounding this tragic death will take place, and the question of whether adequate care was provided will be definitively addressed.
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