Federal Court rejects appeal by Zurich “prostitution site driver”
Published: Wednesday, Jan 3rd 2024, 12:10
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The 14-year prison sentence against the "hustling driver" remains in place. The Federal Supreme Court has dismissed the appeal of the young man who knocked down and critically injured a policewoman in Zurich.
The Federal Supreme Court stated in a ruling published on Wednesday that the appeal largely failed to meet the requirements for substantiation. Furthermore, there was no evidence of arbitrariness on the part of the lower court.
In February 2020, the young man was traveling with colleagues in his father's stolen car on the prostitution market in Zurich-Altstetten. When they took illegal photos of prostitutes, the police wanted to check the young people. The driver, who was driving without a license, tried to evade the check.
He ran over a policewoman, who was also dragged several meters by the car. The courts regarded the act as attempted intentional homicide. The complainant demanded a conviction for endangering life and a prison sentence of six years.
Collision was noticeable
The complainant denied having noticed the collision and the dragging. However, the Federal Supreme Court referred to witness statements and the accident report. Witnesses had seen a wiping movement by the driver and heard him ask the policewoman to move away. The collision was also noticeable for the driver.
According to the ruling, there was no evidence that the driver was allegedly severely intoxicated, which would result in a lower sentence. Nor was it a breach of discretion to set the sentence at 14 years. The Zurich High Court took appropriate account of the dissocial personality disorder, the ADHD, the cannabis addiction, the "certain remorse" towards the policewoman and the partial confession.
(Judgment 6B_1113/2023 of December 14, 2023)
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