“Overdefended” – Viennese stabs Chechens at kebab stand

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“He stuck the knife in himself,” a Viennese man told police, and this version remains in court. He stabbed a Chechen in the chest and killed him in a scuffle. The jury decides in self-defense – even if it is exaggerated…

“Be careful, knife,” a witness shouted at the victim. But the warning came too late as the 38-year-old stabbed him in the chest. Immediate first aid measures and emergency surgery could no longer help the man; he died in hospital nine days later.

Go to Margaretengurtel metro station
But why did the Viennese man, now accused of murder, take out his pocket knife? This is also not clear in the trial at the Vienna Regional Court. There was allegedly a dispute between the defendant and the murdered Chechen; none of the witnesses can say what the reason was.

The argument culminated in a fight at the kebab stand at U4 Margaretengurtel station: the victim punched the 38-year-old and knocked him to the ground. So he took out a small black knife and held it protectively in front of him. “Because the victim wanted to throw himself at him, he rammed the knife into himself,” is how the prosecutor describes the Viennese version in the indictment.

Who he also represents in court, because he was attacked, he was the actual victim – he feared for his life. The Chechens would have attacked him so aggressively. “When I held the knife in front of me, he rushed at me at the same time,” the suspect told the judge.

Defenders Manfred Arbacher-Stöger and Lukas Hruby therefore speak of a self-defense situation. The witnesses also reported in unison about a scuffle between the two men, before the Viennese pulled out the pocket knife. Even a friend of the victim leaves the courtroom after his testimony with the words: “He is innocent.”

Surveillance video provides clarity
And the jury thinks so too: they consider the fatal stab in the chest of the 38-year-old as an excess of self-defense. So there was a situation where he had to defend himself, but he exceeded the justified level of defense.

The Viennese man is acquitted of the murder charge, which carries a maximum sentence of life imprisonment. He received a relatively mild sentence for murder by gross negligence – after all, a knife was involved -: four years in prison – not legally binding.

Source: Krone

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