What is accused the 34-Year-olds?
He killed under the influence of cocaine and ketamine, the 23-year-old Swiss-British dual citizen Alex during a dispute in the family house in Küsnacht brutal. Even his defender spoke of a “monstrous level of violence” and a fact, in “the madness directed”. While the art dealer has confessed to this act, he denies, in the fall of 2014, his girlfriend at the time, sexually assaulted and raped (read here for more on the indictment of the Prosecutor’s office).
What the district court decided?
The court Meilen district court sentenced the 34-Year-old due to intentional killing, qualified rape, multiple partial qualified sexual assault, and due to various road traffic offences. It punished him with imprisonment for a term of 12½ years, and ordered during the correctional outpatient addiction treatment (read more about the judgment of the district court miles).
What is the issue before the Supreme court?
The judgment of conviction for intentional homicide is likely to be undisputed. Before the district court, the defender requested, but in relation to the sexual offences acquittal (click here to read more about the accused in sexual offences). For the allegations, there is no evidence. And the woman who brought the charges, have a tendency to Exaggeration and dramatization. These Alleged crimes would be eliminated, this would have a significant impact on the amount of the penalty. The judgment will fluctuate between a two-digit sentence of imprisonment or suspension of a penalty for the benefit of a therapy can.
What makes this case legally so special?
It is a controversial one, in which state of the art dealer and the killing was committed. Specifically: Was he insane because he was because of drug use in a psychotic state with paranoid delusions? How difficult to answer this question, appeared before the district court of miles alone on the fact that the Prosecutor presented to the court, a choice shipment of possible convictions. Depending on the Version he had requested sentences of 10, 13 and 16 years of age. The district court went out of a serious reduction of the debt capacity.
Is an acquittal because of insanity possible?
people who are not in the situation, the injustice of your fact view, or to act according to this insight, are incompetent, or incompetent. You can not be punished. This rule applies only if the offender was without fault of their own, in this state. However, if the offender is transferred, for example, by the use of drugs in the state of insanity and as a result of past events, thus had to reckon that he commits the most serious offences, he will not be acquitted. A person who commits a crime in a state of self-inflicted insanity, can be punished with imprisonment of up to three years. The defenders argued before the district court, wherein you are requested to send their clients for the duration of the custodial sentence in an in-patient addiction treatment. If you stick to this strategy, is to show the hearing of the appeal.
Why will be excluded the audience part?
As mentioned before the district court, the hearing before the Supreme court is miles in part to the exclusion of the Public, but in the presence of accredited media representatives is carried out. This relates to the from the accused disputed sexual offences. Because these challenged were, “are, in fact, be also address in the appeal most intimate Details of the Tatherganges and the life – processes belonging to the Private and intimate sphere of the woman concerned, the procedure again,” said the court Chairman. This justifies the exclusion of the public to the protection of women.
Created: 18.11.2019, 08:07 PM
