Dawit W. Arraigned At Federal Supreme Court for Attempted Manslaughter
Software Translation from German
www.fuldaerzeitung.de | May 31, 2018
SCHLÜCHTERN / HANAU
The so-called eye piercing process has to be rolled up anew. Against the judgment of 29 June 2017 for attempted manslaughter as well as serious bodily injury both the public prosecutor’s office and the defense had appealed, albeit for different reasons.
Eleven months ago, probably 26-year-old Dawit W. from Eritrea was convicted by the Second Major Juvenile Court in Hanau for stabbing a then-18-year-old Somali on a block of flats on Schlüchterner Obertorstraße on 7 October 2016 and then cruelly mutilated his victim.
The revision had now recalled before the Federal Supreme Court (BGH) in Karlsruhe success, which confirms above all the arguments of the prosecutor Hanau. The defense had formulated a substantive claim rather because of a general legal review of the judgment. The highest German criminal court criticizes the verdict but above all, that the district court in its decision by a continuous killing intent of the accused had refrained. This intent was only with the initial stitches in the neck.
The prosecution prosecuted in the main trial, the charge of attempted murder, but the court did not take over. The determination of the judges chaired by court president Susanne Wetzel, the accused had the mutilating cuts his victim without killing intent “only physically hurt” want, is from the point of view of the Federal Court “not viable evidence”.
The fact that “it is well-known that such injuries to the eyes and ears can not easily lead to the death of a human being”, and that the defendant was aware of this, does not allow Dawit W. to be inferred from the fact that Dawit Act had given up the intention to want to kill his victim. Because “the assumption that the cuts on the eyelids and ears would not be fatal, says nothing to the question of what the action-guiding motive of the defendant was and what mental image he had in total,” it says in the grounds of the BGH (file number 2 StR 551/17).
The Federal Supreme Court did not revoke the determination of the age of Dawit H. An expert of the Frankfurt forensic medicine had stated that the defendant was almost certainly older than the alleged 20 years and as the assumed 24 years. After x-rays of the collarbone and dental findings, he was at least 26 years old.
As a motive was stated in the first process that the perpetrator owed the victim 50 euros and did not want to repay them. An ethnologist from the University of Munich had stated in the process that the perpetrator could have seen himself torn between self-hatred and no longer to be suppressed eroticism and longing.
Action and consequences
With one knife in his pocket, Dawit W. is expected to have already met his victim Mustafa H. when he rang the bell at the door of the perpetrator’s one-room apartment in Schlüchtern. Then he should let him into the dark apartment, have closed the door behind his previous friend and immediately stabbed him with two knives in the neck. Then Dawit W. threw himself on Mustafa H. and mutilated his face. Until the arrival of police officers who dragged the attacker away from his victim, the Eritrean had strangled the Somali. Splintered doors of glass showcases, traces of blood on walls and in a cutlery box point to a previous fight. Medical experts agree
The victim was operated on in Würzburg more than a dozen times after the crime. The injured person is now blind in one eye and has only five percent vision on the other. In addition, Mustafa H. remains permanently heavily disfigured. / au
How it goes on
The legal errors identified by the Federal Court of Justice lead to the annulment of the conviction and punishment. The defendant remains in custody. Because according to the undoubted age determination Dawit W. falls under the adult criminal law, the procedure is remanded to a criminal court acting as jury court to Hanau. For the new trial, which is to be included according to information from our newspaper possibly this summer or in early autumn, Karlsruhe points out that the jury for the assessment of possibly throughout the actual killing intent “comprehensive review of the overall events will have to take “. / hgs