Woman pushed onto railway track – Zurich judiciary must reopen case
Published: Friday, Sep 27th 2024, 12:20
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The Zurich High Court has violated the accusation principle by convicting an Eritrean of endangering life. The Federal Supreme Court overturned the verdict and sent the case back. In 2021, the defendant pushed a woman onto the tracks at Zurich main station. She was able to climb back onto the platform in time.
At first instance, the Eritrean was convicted of attempted intentional homicide and simple assault, among other things. In December last year, the High Court came to the conclusion that this was a case of endangering life. This is the result of a decision published by the Federal Supreme Court on Friday.
However, the public prosecutor's office had only charged the man with attempted intentional homicide. According to the Federal Supreme Court, the Eritrean did not have to expect that he could be convicted of endangering life based on the statements in the indictment. The principle of prosecution had therefore been violated.
New appreciation or addition
The case now goes back to the Zurich judiciary. The High Court will have to assess the facts of the case under the offense of attempted intentional homicide or refer the charges back to the public prosecutor's office to supplement the facts of the case.
The Zurich District Court sentenced the man to five years and ten months' imprisonment. It ordered inpatient treatment for his mental disorder and imposed an eight-year ban from the country.
The High Court reduced the sentence to four years and the expulsion to six years. It confirmed the inpatient measure and imposed a fine of 120 daily rates and a fine.
(Judgment 6B_284/2024 of 4.9.2024)
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