Vorarlberg: A stabbed woman – the process is reopened – Vorarlberg –

The second case begins today with the trial of this 48-year-old man, sentenced to 18 years in first instance last October for murder. The judgment was quashed by the Supreme Court and remitted to the court of first instance. Thus, the case is rolled up again, spread over three days, and finally judged by the lay judges. In January 2017, the accused had killed his wife, with whom he had been married for 25 years, in a small community in the Oberland with heavy stab wounds. The four children were present in the apartment, trying to help, but help arrived too late. The 40-year-old child died of his serious internal injuries

Delayed start

President Martin Mitteregger calls punctually, but the actual start is delayed. One of the jurors knows the prosecutor Heinz Rusch. She is his yoga teacher. Therefore, the defender Franz Josef Giesinger rejects the unprofessional judge because of a possible bias. The court takes into account the request, a substitute swordsman intervenes.

Subsequently, the defense attorney read another petition. The fact is that human rights have been violated during the first interviews with the police.

Legal Examination

"The police question was legal at the time", according to the verdict of the jury. The defendant had voluntarily given up a lawyer despite repeated requests. Thus, the process begins an hour late with advocacy. The content remains the same: prosecutor Heinz Rusch pleads murder, defender Franz Josef Giesinger manslaughter. The murder itself has never been denied by the defendant. Subsequently, the unskilled man tells how he had met his wife at the time, that it was an arranged marriage and how the relationship between the couple and the couple deteriorated. over the years. But even at the beginning of the interrogation, a spasm of cramps shakes the accused, a break must be taken, the detainee detained. The morning is reserved for the remarks of the former truck driver

Progress

A medical and psychiatric expert is also invited. This concerns injuries and the cause of death. On the other hand, the mental state of the man is the focal point. The complex subject "understandable emotion" and "affect" plays a major role. At the center of the process is the question of what constitution the man was in January. Depending on the behavior could be considered murder or manslaughter.