Final ruling of three years in prison, a transgender man demands to serve in a women's prison
The Vienna regional court sentenced a man to twenty months in prison, not suspended, after he officially changed his gender to female, for promoting Nazi activities, in addition to four months of previous imprisonment for fraud, making the total sentence three years.
The court confirmed that the presence of twelve prior criminal records constituted a significant aggravating factor in determining the penalty, and it decided to revoke the suspension of a previous sentence of twelve months that had been imposed in 2020 in another case related to Nazi activities. With this decision, the convicted person must serve the full sentence without suspension.
The recent events date back to the period between 2015 and 2023, during which the convicted individual published materials glorifying Nazi ideology through closed social media groups, including images, clips, and comments praising Adolf Hitler, as well as celebratory messages on the anniversary of his birth, in addition to anti-Semitic content justifying the crimes of the Nazi regime. The prosecution considered that the actions were not incidental but were part of a context of extremist ideological affiliation.
During the trial, the defense attorney acknowledged his client's full confession to the facts, while the convicted person refrained from making any statements before the court. After the verdict was issued, the convicted person announced that he would serve the sentence in the women's prison, based on the official change of his gender from male to female after a previous ruling and a call to enforce the sentence, based on a psychological report submitted to the relevant authorities.
This development has sparked widespread debate about gender change and its legal implications, particularly regarding the place of punishment execution. Official entities have begun reviewing the procedures that led to the change of gender registration to verify their legal soundness. The Ministry of Interior confirmed that the change of registration is not done arbitrarily and is subject to specific conditions, noting the examination of the psychological report on which the decision was based, and not ruling out the possibility of criminal suspicion if the procedures are found to be invalid.
In parallel, other investigations have been opened on suspicion of fraud to obtain social assistance, in addition to complaints related to suspected forgery and fraud. The convicted person is currently living on the allocations of the labor market department and has stated his intention to retire soon.
According to the applicable rules, changing gender registration requires a specialized report confirming a permanent feeling of belonging to the opposite gender, and undergoing surgery is not a requirement. In light of the final ruling, the decision to implement the sentence in the women's prison remains under official monitoring pending the completion of the relevant legal examinations.