After the violent death of a senior citizen, the Hof Regional Court sentenced an 18-year-old Iraqi man to a juvenile sentence of three years for intentional intoxication. A conviction for manslaughter was not possible, the court emphasised.
The crime caused horror and left neighbours stunned: In September 2020, a 92-year-old senior citizen had been found dead in her flat in Marktredwitz. A then 17-year-old had kicked in the flat door, beaten and kicked the woman, even when she was already lying on the floor. The 92-year-old died of her injuries. The young man confessed to the crime.
However, the juvenile division of the Hof Regional Court did not sentence the 18-year-old to three years for manslaughter, but for deliberate intoxication. In addition, he was ordered to be placed in a rehabilitation centre. A conviction for manslaughter was not possible, as in the opinion of the juvenile court the accused was possibly incapable of guilt due to his state of intoxication. The judgement is not legally binding.
The Juvenile Court Chamber had come to the decision that the accused had been drugged into a massive state of intoxication, which led to highly aggressive and uncontrolled behaviour. He had first consumed cannabis and later LSD.
The 92-year-old woman only became a victim by chance. She had opened her flat door because she heard the accused making noise in the hallway. This had attracted his attention. Although she closed the door again, he forced his way into the flat.
The public was excluded from the trial because of the defendant’s age. The juvenile chamber found that the 18-year-old had harmful tendencies and a considerable need for education. In addition, he is said to suffer from a considerable addiction to narcotics.
The defence lawyer had requested that the defendant be acquitted on the grounds of criminal incapacity and placed in a rehabilitation centre. The public prosecutor’s office and the joint prosecution had requested that he be sentenced to six years for manslaughter with diminished criminal capacity and that he be placed in a rehabilitation centre.