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20 years of hospitalization for attempted murder of a father | Israel today

2020-01-28T19:01:28.124Z

Sentence



Schizophrenia patient who tried to stab his father to death will be sent to 20 years of hospitalization • Sentenced to imprisonment for "distorted reality perception"

Lod District Court ruled in the third that a young man who tried to murder his father would be sent to a maximum 20-year hospitalization period at a psychiatric institution.

The defendant was indicted on a charge of attempted murder. Last August, he lived with his parents due to his condition. An argument developed between the son and the father against the background of the father's demand that he shower. In response, the young man went to the apartment kitchen, opened the knife drawer and took a kitchen knife from it. The father noticed the defendant holding a knife and asked if the defendant intended to hurt the father. In response, the defendant replied in the negative and returned the knife to the drawer.

But hours later, when the father went to sleep in his room, the son came in with a knife and tried to stab the father in the neck while shouting "I'll finish you." The father wrestled with him, managed to neutralize, and took the knife from his hands. The son escaped from the apartment. The father was lightly cut in his hand and needed stitches in the hospital.

A psychiatric opinion was presented to the court which found that the defendant had a schizophrenic mental illness and was in an active psychotic state. When committing the acts attributed to him in the indictment, the defendant acted under the influence of false thoughts, and is not responsible for the acts attributed to him. In its present state, in light of the severe damage to the reality exam, it is unfit to stand trial. The defendant needs further hospitalization and psychiatric treatment. The defense counsel agreed to the conclusions of the opinion.

However, controversy remains over the content of the offense. The prosecution claimed it was an attempted murder and the defense sought to delete the indictment. The court ultimately ruled that "according to the legal situation today, a defendant is unable to stand trial, it is not required to establish that there is apparent evidence that the defendant committed the offense. Even assuming that the indictment is usually served on a prima facie basis, it is still appropriate that the court Will examine whether there is apparent evidence that the defendant committed the offense.

Also, there may be situations where, even though the defendant was charged with a particular offense, the evidence supports the commission of another offense and the justification for hospitalizing or directing medical treatment based on the other offense. In addition. The offense in which the defendant is charged is of great importance both for the purpose of determining the maximum period of hospitalization and for the application of special provisions for crimes of murder and attempted murder. "However, the court ruled that this was indeed an offense of murder, based on additional evidence and allegations.

After considering all the data, the court decided that proceedings against the accused should be stopped. Are terminated in accordance with section 170 of the Criminal Procedure Law. The defendant will be admitted to a mental hospital for a maximum period of 20 years, in accordance with section 15 (d1) of the Mental Health Care Act.

Source: israelhayom

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