The time of the crime is more than two and a half years ago. Lawyer Maximilian Glabasnia therefore applied for the proceedings to be discontinued at the beginning of the process. However, since the public prosecutor’s office did not agree, the criminal court at the Hafurt district court had to bring up the facts. Because a disabled and less guilty man (27 years old) threatened his ex-girlfriend, who was also mentally impaired at the time, with a knife and roughly grabbed his upper arm and neck, he was sentenced to a fine of 300 euros. In the context of a settlement, he must also pay compensation to the injured party in the same amount.
The incident occurred in early May 2018 in the evening hours in a dormitory for mentally disabled people in the district. The defendant had long been friends with another resident of the home. The argument between the two people came because the ex-girlfriend was supposed to clean the accused’s room. It was no longer possible to determine whether she did not feel like it or what upset the man at the time. In any case, said his “ex” on the witness stand, he had become abusive and aggressive and threw swear words at her head.
Possibly because of the consumption of a beer – which was forbidden in the dormitory – he got further angry. He opened the drawer of his cupboard, took out a knife and pointed it menacingly at the woman from a short distance. He shouted angrily: “If you don’t go out, I’ll stab you!” The frightened young woman then went into the day room, where a supervisor was in the process of folding laundry.
This supervisor was also questioned as a witness. She described that at that time the defendant stinked out of his open room for a while. Then he came to the two women and when the supervisor tried to calm him down and bring him to his senses, he was abusive again and threatened his ex-girlfriend: “You stupid cow, I’ll hit you in the face right away.”
Although the supervisor stood protectively in front of the resident, the angry man managed to grab her upper arm and neck and slam her on the edge of the table. The trauma suffered two bruises from it. In addition, she said at the court, she was very afraid and had trouble sleeping.
As an expert witness, a university professor from Saarland explained the report he had prepared regarding the defendant’s culpability. It could be seen from his remarks that the man has mental deficits in many areas. In addition, the expert attested that the accused had disturbed social behavior, a low tolerance for frustration, a tendency to overreact and a reduced ability to control and steer, especially in conflict situations.
If the man were incapable of guilt, according to the report, he could not be punished because an important principle of German criminal law is “nulla poena sine culpa”, in English: no punishment without guilt. This means that only those who recognize the injustice of their actions can also be punished for it. But the professor only attested him a reduced debt capacity. This in turn means that the penalty can only be mitigated.
In the present case, in addition to the criminal investigation, it was also about the fact that the ex-girlfriend, who was represented by the lawyer Horst Soutschek as a co-plaintiff, wanted compensation for pain and suffering. The defendant’s defense attorney agreed with the injured party that she would receive 300 euros in compensation for pain and suffering. The 27-year-old has to pay the same amount as a fine for the indulgence and bodily harm. The convict showed himself to be in agreement with the punishment and it can be assumed that the public prosecutor will not appeal either. The judgment would then be final.
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