Case of Care Neglect in Linz: 56-Year-Old Sentenced to 20 Months Probation

The house in which the son lived with his mother was cluttered, a "classic hoarder house" with a mold problem. Also, the room "did not stink," which the judge could hardly understand in view of the photos in the file.

The forensic expert Fabio Monticelli also could not imagine that there had been no unpleasant odor. He sees several factors that led to the mother's death: on the one hand, internal diseases, on the other hand, the "desolate" care condition.

The Questioning in the Courtroom

The defendant had not washed his mother's hair in the 14 months of her bedriddenness because she did not want that, he described when asked. To the judge's question "How often do you wash your own hair?" he remained without a concrete answer.

The 56-year-old has lived with his mother in the parental home for a long time. He has been "certainly unemployed for 30 years," and he has lived "from the parents." According to a psychiatric expert opinion, he has only very limited criminal responsibility and is "barely able to develop counter-strategies."

The Role of the Sister

The mother had been very dominant, his defense attorney said: "He is a person who wanted to do well, but couldn't." The defendant had been "dependent, overwhelmed by the situation" and is "plagued by deep feelings of guilt." Because of the limited criminal responsibility, the verdict remained mild.

In addition to the son, the 72-year-old sister of the man was also charged because she had occasionally visited the mother and, from the prosecution's point of view, should have intervened. The sister described that the mother had quasi "banned her from the house," "she simply trusted no one anymore" except the brother.

The sister had visited the mother last two days before her death and, according to the prosecution, must have noticed the condition. Her lawyer pointed to the "dominance" of the mother and the father, who had already died some time ago, as well as to the psychological condition of the brother, so there had been hardly any communication.

The Psychiatric Expert Opinion

The mother had not been able to see the 89-year-old directly when the sister visited because the woman was sleeping and covered up to the top. However, the prosecution did not see this as an exonerating argument. The sister was ultimately acquitted, but her brother was found guilty.

During the questioning, the judge appeared affected. The case is so tragic "that one almost lacks words." He described the mother as dominant and referred to the family structures that had made it difficult for the son to seek help.

The defendant had found the 89-year-old sleeping and she had been covered up to the top, so she had not noticed anything of the wounds, the sister described. This representation could not exonerate the court.

Sentence and Further Steps

The defense had referred to the man's psychological condition and the difficult care situation. The "dominance" of the mother and father as well as the psychological condition of the brother had led to the fact that there was hardly any communication, the sister's lawyer argued.

In the sentencing, the court took into account the defendant's limited criminal responsibility and his confession. The 20 months probation correspond to a rather mild verdict that takes into account the man's special situation.

The case casts a spotlight on the problems of home care when relatives are overwhelmed and do not seek professional help. Despite the dominant personality of the mother and the difficult psychological situation of the son, the court saw a clear breach of duty that contributed to the woman's death.

The verdict is not yet final. The defense can file an appeal within three days, and the prosecution also has the possibility to proceed against the mild sentence. The case is thus not yet legally concluded.