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Incest monster Josef Fritzl, 89, 'has already packed his bags' believing he will be released to a normal jail from his prison for the mentally ill ahead of new court ruling

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Austrian sex offender Josef Fritzl believes a new court ruling this week will see him released from the high security prison where he has been for the last 15 years to a normal jail, according to reports.

A panel is set to decide on Tuesday whether the 89-year-old should be moved from the Stein prison in Krems an der Donau, a unit for the mentally ill where he has been serving a life sentence after he was charged with incest and other heinous crimes.

The monster has already packed up his few belongings into two sports bags, Kronen Zeitung reports citing guard officials, as he expects to be moved 'immediately' following the hearing.

A previous hearing granted Fritzl conditional release in January, but this was later overturned by the Vienna Higher Regional Court. It said in March that 'the necessary facts for a decision on such a conditional dismissal have not yet been clarified.'

Fritzl was locked up in 2009 after he admitted to raping his daughter Elisabeth, keeping her captive in an underground dungeon for 24 years and fathering seven children with her, one of whom died as a result of his neglect.

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 

A panel of three judges will decide if Fritzl should be moved from the high security prison to a normal jail

A panel of three judges will decide if Fritzl should be moved from the high security prison to a normal jail

Now his defence attorney Astrid Wagner says he no longer poses a danger and should be granted conditional release from prison. 

This week's hearing, which is set to be held behind closed doors, will see three judges weigh up the claims.

It is due to be held for an hour from 1pm and Wagner will give statements to the media before and after, it is reported. 

As with the previous ruling, it is subject to appeal from Fritzl, his lawyer and the public prosecutor's office. 

Fritzl would have to stay in Stein prison until a final decision is reached on any appeals, it is understood.

The elderly convict is suffering from advancing dementia that causes absent moments, but was able to follow the proceedings in the last hearing, Wagner said.

Fritzl's mental state has been assessed by court psychiatrist Heidi Kastner over the past decade and a half.

In 2009, she described him as 'extremely psychologically abnormal' and 'emotionally illiterate', but in her report this year came to the conclusion that he is no longer dangerous. 

She said he suffers from dementia, is physically frail and requires a walking frame to move about, Austrian media reports.

Wagner argued that the report meant his release should be considered, and showed that he no longer poses a threat.

Incest monster Josef Fritzl has today been granted conditional release from a prison for the mentally ill by an Austrian court, shortly after being pictured outside of prison for the first time in 15 years as he arrived in court today (pictured)

Incest monster Josef Fritzl has today been granted conditional release from a prison for the mentally ill by an Austrian court, shortly after being pictured outside of prison for the first time in 15 years as he arrived in court today (pictured)

'I would not be frightened of moving in with him in a flatshare arrangement, or to live alongside him in a care home. He no longer possesses a sex drive,' she said. 

It was reported in January that the convict was spotted at coffee shops near his prison in Krems an der Donau, northern Austria, apparently in preparation for his release.

Respected regional weekly newspaper Bezirksblatt claimed that Fritzl 'has been seen in different cafes of Krems'.

A Bezirksblatt editor who has been covering the Fritzl case for many years confirmed multiple sightings of the depraved convict sampling coffee.

Fritzl - who changed his name to Mayrhoff in an alleged attempt to evade physical attacks by other inmates - was locked up in 2009 after he admitted to raping his daughter Elisabeth (pictured) and fathering seven children with her

Fritzl - who changed his name to Mayrhoff in an alleged attempt to evade physical attacks by other inmates - was locked up in 2009 after he admitted to raping his daughter Elisabeth (pictured) and fathering seven children with her

'It is true. I've been told by several people I fully trust that they have seen him,' she said, speaking on condition of anonymity.

'It's not as if just one resident has been convinced they saw Fritzl. I've got this information from several trusted acquaintances independently from each other.'

The perverted pensioner will become eligible for parole in March of this year under Austria's lenient sentencing laws.

Inmates judged ready for parole can be freed depending on their conduct, mental and physical condition.

Fritzl was sentenced to life imprisonment in 2009 for incest, rape, coercion, false imprisonment, enslavement and for the negligent homicide of one of his infant sons. 

Elisabeth and her kids lived in the basement of the family home in Amstetten while Fritzl and his wife Rosemarie lived above

Elisabeth and her kids lived in the basement of the family home in Amstetten while Fritzl and his wife Rosemarie lived above 

Crime scene evidence show the bathroom the family had to  share
Three children were brought up in the basement while three others were brought up as foundlings by Fritzl and his wife

Elisabeth lived in this dingy, cramped basement for 24 years with her children

His daughter Elisabeth, who he abused from the age of 11, disappeared in 1984 at age 18.

She only emerged in 2008 from the dungeon-like basement chamber in the town of Amstetten where her father had kept her captive. Fritzl built the basement himself.

The abuse resulted in the birth of seven children - three of which remained in captivity with their mother. 

One died at the hands of Fritzl, a matter of days after being born. His disposed of the body in an incinerator. The other three were brought up by Fritzl and his wife, Rosemarie.

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