The accused is accused of bodily harm resulting in death: In the process of the violent death of transman Malte C. at Christopher Street Day (CSD) in Münster, the prosecution has therefore now demanded a youth sentence of five years.
An application will be made to have the 20-year-old defendant Nuradi A. accommodated in an educational institution, said the representative of the public prosecutor’s office on Tuesday during the proceedings before the regional court.
A. is said to have hit Malte C. in the head at the CSD in August 2022 when he stood protectively in front of CSD participants. The 25-year-old fell with the back of his head on the pavement and died days later as a result of a traumatic brain injury. The death had caused nationwide consternation.
Defender Siegmund Benecken spoke out in favor of an “appropriate youth penalty”, but did not give an exact sentence. The chamber plans to announce its verdict on Wednesday.
The prosecutor said the defendant had no intent to kill. Even if he is a “practiced boxer”, he had not given any thought to a “possibly fatal outcome”. The young man was fully responsible, but still an adolescent. As a result of difficult living conditions, his development was clearly delayed, it said in his plea. The 20-year-old made a full confession – “carried by real remorse”.
The prosecution assumes that the 20-year-old, who, according to the “Bild” newspaper, has Chechen roots, will continue to commit acts of violence in the future. He was repeatedly noticed by cases of physical harm, once convicted. In juvenile criminal law, the focus is on the concept of education.
A representative of the juvenile court service spoke of a “not yet established” person. She referred to a weak psychological stability, considerable family burdens from childhood and a difficult adjustment from the Chechen to the new German culture at the age of about twelve. The Russian fears deportation and threats to his family in the Russian republic of Chechnya.
The psychiatric expert Martina Redeker said the 20-year-old still needs a lot of time to “mature”. According to her assessment, the blows against Malte C. were “safely placed”, despite alcohol consumption, there are no signs of a disturbance of consciousness, his memory is good. He is addicted to cannabis, alcohol and abusing a drug.
The expert described an extremely difficult childhood with a violent father and a seriously ill sister. Only his occasional boxing in Germany stabilized him temporarily.
Redeker attested the defendant a personality disorder, but he was “capable of empathy and a change of perspective”. He stated that he was gay and almost paranoid about the fact that his homosexuality could have serious consequences for him and his family.
The man “credibly denied” that he had a homophobic or transphobic attitude, the psychiatrist described with a view to his alleged act at the CSD.
The public prosecutor’s office also saw no homophobic, anti-trans or anti-queer basic attitude – even if his insults towards CSD participants would have had this character.
The prosecution assumes that the 20-year-old is gay. The defense lawyer emphasized that expulsion to Chechnya would be “simply a disaster” for his client.
The prosecution demanded that alcohol-related disinhibition not be assessed as mitigating. The man knew that he was prone to violence when he used drugs. The severity of the crime should be assessed accordingly with an aggravating penalty.
