طلب محامي الدفاع أمام المحكمة العليا في محكمة الاستئناف العليا ثماني سنوات كحد أقصى
Published: Thursday, May 2nd 2024, 13:40
العودة إلى البث المباشر
In the murder trial before the Aargau High Court on Thursday, the defense lawyer focused on the question of his client's culpability. A maximum 8-year prison sentence would be appropriate. The prosecutor demanded confirmation of the 15-year sentence handed down at first instance.
At the beginning of the trial, the now new defense attorney had requested additional expert reports. The effects and possible side effects of the sleeping pill that his client had taken the night before the crime were not clearly stated.
There is a possibility that the now 58-year-old Swiss national was completely incapable of culpability at the time of the crime. There is also much to suggest this in the course of the crime.
With the emphasis on culpability, the defense lawyer changed his strategy. Before the Baden District Court, the lawyer at the time had pleaded self-defense and thus acquitted the accused. At the time, this was a "logical consequence" of the defendant's lack of memory combined with the evidence from the crime scene, said the defense lawyer.
Prosecution wants confirmation of verdict
In April 2023, the court of first instance sentenced the defendant to 15 years' imprisonment for murder and a number of secondary offenses. The prosecution had demanded 17 years, but accepted the sentence.
The public prosecutor asked the High Court to dismiss the appeal. In the course of the crime, there were numerous indications of an intact, albeit possibly reduced, capacity for control.
As the defense is the only one to challenge the first-instance verdict, the so-called prohibition of aggravation applies before the second instance. This means that the sentence may not be higher than the sentence at first instance.
Motive: Jealousy
The motive for the crime was apparently jealousy. The accused loved a woman he had met as a prostitute. Although he knew about her activity and also about another man, he dreamed of a future with her. The woman testified before the High Court on Thursday that she saw the accused as a customer and that she had a love affair with the other man.
On the day of the attack, the accused drove to the woman's apartment in Spreitenbach AG with a kitchen knife while she was on her way to work in a furniture store. He smashed the patio door and suddenly attacked his rival, a 74-year-old German man. He killed him with numerous cuts and stab wounds.
Before the High Court, the Swiss man assured the court how sorry he was for everything. As a sign of his remorse and understanding, he would no longer oppose the civil claims of the bereaved, said the defense lawyer.
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