The Kosovarin was accommodated at the age of 17 years in a psychiatric clinic in Basel. There, she tried to strangle a 12-year-old patients with a scarf. The escape attempt of the victim and the rapid Intervention of the staff prevented the death of the boys. The young woman had hoped to force a transfer out of the clinic. Not even a year later, the Kosovarin choked – now of full age – in a Zurich clinic a patients. Also in this case, the personnel could be prevented by rapid Intervention worse.
The killing attempt in Basel, the court ruled as attempted murder, the attack in Zurich as attempted premeditated murder. For further offences, the young woman was sentenced to imprisonment for a term of ten years. Since the Accused suffers from, among other things, a severe Borderline personality disorder was ordered by the court instead of the prison sentence of an in-patient therapeutic measure.
Ten years of the country of reference
After the completion of the inpatient measures, or to the drug dealer can serve the custodial sentence, the Kosovarin must leave Switzerland. Although she was born in Switzerland and grew up here, and although the family life of nationals in Switzerland and to Kosovo, hardly any relationships, the court ordered a ten-year national referral.
“in Spite of personal Hardship,” the court said, was the country of reference “for reasons of public safety, in particular due to the evident danger and the threat of recidivism of Bahsine the accused”. The judgment was made this week, is not yet final. If it is challenged before the Supreme court, is not known.
For the assessment of this Case was the juvenile court of the district court of Bülach in charge. This is because the predicate offense of attempted murder, of the young people before the age of 18. Year of life has been committed. Why the high penalty? Does the juvenile justice (Jcla) in the area of freedom penalties a maximum penalty of only four years? This is not so.
age matters
In the article 3 of the Jcla, but it means also: “at the same time a before and a after the age of 18. To assess the age of offence, only the criminal code for adults is with regard to the penalties applicable.” Only in connection with the measure would be able to choose the youth court between measures according to adult or juvenile law. Chose the measure, “which is necessary according to the circumstances must be in accordance with the law”.
Although in terms of the punishment of the adult criminal law applicable was the method to the actual court according to the rules of the youth criminal procedure code carried out. It was held, therefore, in such cases, as a rule, usual – to the exclusion of the Public and the media. At the request of the “Tages-Anzeiger” has submitted to the President of the youth court, this article underlying information.
(Tages-Anzeiger)
Created: 07.12.2018, 21:36 PM
