Twelve years in prison for 17-year-olds «

It is already clear that the crime should be judged to be murder. The negotiation is only about the question of whether the boy was accountable and thus guilty at the time of the crime. The majority of juries affirmed that they were accountable.

7:02 p.m., February 13, 2020


Because he August 11, 2018 in Vienna-Döbling killed a seven-year-old girl from the neighborhood with a neck cut, on Thursday evening a teenager at the regional court was sentenced to 12 years imprisonment for murder. In addition, the boy was instructed in the implementation of the measures one day before his 18th birthday.

After several hours of consultation, the jury mostly followed the psychiatric experts – with 6: 2 votes Peter Hofmann and Kathrin Sevecke and classified the perpetrator as accountable and therefore guilty, When the sentence was assessed, the defendant’s previous innocence, his constant responsibility and the illness-related limitation – the boy has a combined personality disorder – were mitigating. The insidiousness of the act, the helplessness and defenselessness of the victim and the “ice-cold nightly behavior” were taken into account to make matters worse, as judge Norbert Gerstberger explained. The judgment is not final.

Accountability certified

Before that, Kathrin Sevecke, head of the Innsbruck Clinic for Child and Adolescent Psychiatry, certified him, As the expert appointed by the court to the 16-year-old at the time of the crime Sanity. This one wise combined personality disorder with narcissistic and hard-hearted emotionless features as well as obsessive-compulsive disorder, but was guilty, decided the psychiatric expert.

The inner voices and the really non-existent “Antonia”, of which the accused had reported in detail, are not symptoms of childhood schizophrenia, affirmed Sevecke. She spoke of “imagined phenomenon” and one “fantasized escort”, which you on the eled the guy to excessive media consumption, who often watched Japanese manga series for hours at school. Especially “Death Note” – the declared favorite series of the student – but also other anime “may have led to the fact that he Wanted to experience ‘Thrill of Killing’, says Sevecke’s 150-page written report.

The almost 18-year-old identified himself with Light Yagami, the central protagonist in “Death Note”, who, as the best student in Japan, gains supernatural powers with the help of a book and – accompanied by the god of death Ryuk – begins to kill in order to fulfill his ideal of justice. Under the influence of this and similar manga and anime, he developed a personality pathology according to the experts’ statements, in which contents like in “Death Note” are reflected and which, according to Sevecke, “can make the facts of the case a bit more understandable”.

Contrary to the assumption of the Vienna Regional Court, the new implementation of the order ordered by the Supreme Court (OGH) is about the Murder of a seven year old in the Dittes-Hof in Döbling the public was not excluded. The defendant – he turns 18 on Friday – made a detailed statement on the bloody deed on Thursday in the courtroom, which was filled to the last seat.

The public is there

“It is important to him that everyone stays,” said the defender Liane Hirschbrich After a short consultation with their client, the proposed exclusion from the public was – for the time being – off the table. “I did it, I admit it,” said the boy, who – like the first trial in December 2018 – stood in front of the jury in a bulletproof and bulletproof vest. Several armed security guards had posted themselves in the hall, and a mobile metal lock had been installed in front of the hall, After the arrest, a bounty of 50,000 euros was put on the perpetrator, the threat scenario is said to have included his defender.

Expert disagreed

Because two psychiatric experts disagreedwhether the guy accountable and therefore guilty is, and the first course for If the decision to clarify this question was not obtained, the Supreme Court partially overturned the judgment, The murder guilty verdict has been confirmed and has grown into legal force, but has been New negotiation to review accountability ordered and with Kathrin Sevecke a third psychiatric expert ordered.

This was achieved – like the first reviewer Peter Hofmann – to the view that the adolescent is accountable. The expert Werner Gerstl, who, on the other hand, assumed that there was a reason for excluding the guilt because the boy had acted under the influence of an inner voice, has since passed away. An inner voice would have “suddenly attacked” the 16-year-old at the time of the crime and “grab it!” said Gerstl had declared at the first hearing.

Co-defenders Florian Höllwarth In his opening lecture, the jury was denied the competence to decide the question of accountability, which they are legally obliged to do. The court file contains a total of five psychiatric reports: “It is impossible for juries to decide which report is correct.” These could “judge purely from the emotion, but certainly not from the technical”. Höllwarth also pointed out that the then 16-year-old was interviewed without legal assistance after his arrest. That is “a massive violation of a fair trial”. The person concerned was “almost a child”.

When asked by the presiding judge why he hadn’t said anything about the inner voices at the first interrogation, the accused replied: “Because it was important and I couldn’t trust anyone. I didn’t want anyone to think I was sick.” At his second interview on June 13, 2018, he then mentioned that a voice had ordered him “the individual steps of the deed”.

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