The Vienna Regional Court has issued a final verdict against Waltraud P., a former prominent figure in the Viennese underworld, sentencing her to three years of imprisonment for repeated violations related to the revival of National Socialist ideology. The court's decision was influenced by a significant history of prior convictions, totaling twelve, which weighed heavily during sentencing.

The current sentence incorporates a 20-month prison term for National Socialist reactivation, added to an earlier four-month sentence for fraud imposed by the Favoriten District Court in 2023. In addition, the court revoked a previously suspended 12-month sentence handed down by the St. Pölten Regional Court in 2020, bringing the total time to be served to three years.

Offenses Spanning Eight Years

Between 2015 and 2023, Waltraud P. was found to have distributed messages in various WhatsApp groups that glorified Adolf Hitler and National Socialism. These included manipulated images of Hitler, propaganda materials, and messages containing Nazi slogans, symbols, and gestures. On April 20, 2023, P. reportedly sent a digital card celebrating Hitler's birthday, further highlighting the severity of the offenses. The indictment outlined that some messages mocked and condoned anti-Semitic acts and atrocities committed during the National Socialist regime, with authorities confirming that these actions were intentional and aligned with far-right extremism.

Legal Proceedings and Admission

During the court proceedings, P.'s legal counsel acknowledged full responsibility for the offenses, stating that she had reconsidered her position and no longer maintained her previous claims that the messages were a form of humor. According to the defense, P. has since renounced these beliefs and no longer engages in such activities. She exercised her right to remain silent in court but indicated her intention to serve her sentence at the Schwarzau women's prison.

Gender Change and Legal Debate

Following the enforcement of the previous fraud conviction, Waltraud P., formerly known as Walter P., legally changed her gender to female, submitting a psychiatric assessment as required by Austrian law. This action sparked debate within Austria regarding the legal procedures for gender reassignment, particularly as it relates to prison placement and pension eligibility. After the gender change, P. received a notice from the pension insurance institution indicating an earlier retirement age applicable to women.

Media reports on the matter triggered broader scrutiny from both governmental and legal authorities, with ongoing investigations into whether the psychiatric evaluation that facilitated the gender change was legitimate. The Ministry of the Interior has tasked local authorities with reviewing the documentation, and there are ongoing inquiries into potential social security fraud and document falsification.

Current Status and Legal Framework

Waltraud P. currently receives unemployment benefits and has stated plans to retire in the near future. She is married, has three children, and her spouse is of Nigerian origin. According to Austrian law, a gender marker change requires professional confirmation of a persistent identification with the opposite gender and corresponding changes in appearance. A surgical procedure is no longer a legal prerequisite for such a change.