Subway attack – “destruction of the other person”: 15 years in prison

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“There is absolutely no doubt that these acts are despicable” – even the lawyer for the 21-year-old suspect at the Vienna Regional Court had to admit. In the U3, a tobacconist was hit on the head with full force: an attempted murder, the jury rules. He does not have to go to prison for fifteen years for this.

He is an intensive offender, has an explosive, emotionally unstable personality disorder. This was more than clearly reflected in the actions of the suspect. Just because a 62-year-old asked him on the Vienna subway not to sit with his legs apart, the suspect almost beat him to death on January 4.

Three more victims of ‘senseless violence’
This is not the only act of violence that brings the 21-year-old to the dock of the Vienna Regional Court: he allegedly punched and kicked three other men for no apparent reason, in some cases seriously injuring them. Senseless violence, his lawyer Johannes Maximilian Fouchs has to admit.

Biography has at least “explanatory value”
According to court psychiatrist Peter Hofmann, the Viennese’s biography offers at least one explanatory value. He grew up in an “unfavorable family constellation”, his father spent most of the time in prison. “He had no appropriate support, security or warmth,” said the expert. He went on to tell how the suspect’s mother kicked him out of the house at the age of 17.

He testifies to a long-term and serious disorder in the young man: “It is important that the measure can only take place within an institution”, because the chance that the 21-year-old will become violent again is very high. Previous sanctions did not help either. He broke off an anti-aggression training that was imposed in the context of a criminal record. “You don’t learn from punishment,” says Hofmann.

On the subway tobacco shop attack: “It was a process of destroying the other. To silence the enemy. He used maximum power unarmed. It’s about destroying the other,” the psychiatrist judges the violent explosion of the suspect. And recommends placement in a forensic therapeutic center because of the danger.

‘These acts are despicable’
According to the prosecutor, the 21-year-old downplayed it a lot: “He always blamed the drugs” – which, according to the expert, played a role, but were by no means decisive. Attorney Maximilian Fouchs has to admit in his closing words: “There is absolutely no doubt that these acts are despicable.” However, on behalf of his client, he continues to deny the intent to murder.

But he was completely there for five of the eight jurors: they judge the brutal attack on the 62-year-old tobacconist as attempted murder. He was sentenced to 15 years in prison, which is not legally binding, for attempted grievous bodily harm. He is also housed in an institution.

Guilty verdict for attempted murder: ‘It doesn’t get any closer’
With his head bowed and staring at the ground, he receives the verdict and asks himself and his lawyer to think it over. “It was an extremely close decision. It doesn’t get tighter than that. The case was not at all clear to the jury,” said Johannes Maximilian Fouchs. For if only one of the lay judges had voted against an attempted murder, the accused should have been acquitted of the crime in case of doubt.

Source: Krone

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