Twice – on the day of his partner’s death and the day after – a 64-year-old Tyrolean took out her debit card and used the machine. That is why the man appeared as a defendant before the Innsbruck Regional Court on Tuesday.
Punishable? Wicked? Both – or neither? The man was accused of withdrawing around 2,700 euros on two days in July 2023. “Disposal of a non-cash means of payment” is the criminal offense under the Criminal Code. On Tuesday, the 64-year-old, who lives in Innsbruck, objectively confessed during the hearing at the regional court. “Yes, I withdrew the money, but I didn’t think anything of it,” says the man, who has several convictions.
The suspect was “very confused” on the day of his death
After all, he also regularly used his partner’s debit card. “She was sick and couldn’t leave the house,” he explained. So he just made regular purchases for her with her card. Moreover, on the day of his death and the day after, he was “very confused”, according to the suspect.
Acquittal: ‘No apparent intention to enrich’
The judge eventually believed the Tyrolean and acquitted him. “I think he was confused and there was no malicious intent behind it.” In any case, there was no apparent intention to unlawfully enrich himself, the judge said. Moreover, a legal layman – such as the suspect in this case – cannot necessarily be expected to know the correct procedure. That he knew that after death all the money would end up in an estate and that there would be no authorized access to it for the time being. The 64-year-old left the room relieved…
Source: Krone

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