Man stabbed in front of apartment: acquitted for lack of evidence
Created: 04/04/2022Updated: 04/04/2022 15:53
A statue of Lady Justice stands with scales and sword in hand.
© Arne Dedert/dpa/symbol image
Two judgments in one case: the regional court in Halle has acquitted a man who had to answer for the killing of a man.
A year earlier, another criminal court had sentenced him to almost four years in prison.
Is the case now on record?
Halle - Due to a lack of evidence, a 22-year-old man was acquitted by the regional court in the trial over the fatal knife attack in front of an apartment in Halle.
The public prosecutor had charged him with bodily harm resulting in death and dangerous bodily harm.
The principle "In dubio pro reo" applies, in case of doubt for the accused, said the presiding judge Detlef Bortfeldt on Monday when the verdict was announced.
It could not be proven that the accused wanted to kill the 31-year-old.
The public prosecutor's office and the defense had pleaded for acquittal, the co-prosecutor, representing the victims, demanded that the accused be convicted.
The German had confessed to stabbing a 31-year-old in an apartment building in Halle with a knife in 2020 and attacking his companion of the same age.
He then called the police.
The two-meter-tall defendant gave self-defense as the motive.
He felt threatened and wanted to protect his partner's five-year-old son.
According to the autopsy, the 31-year-old died from a stab wound in the heart.
His companion was injured.
According to the 22-year-old, the accused and the two men, two Germans, knew each other.
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The judge said that the evidence was not sufficient to convict the accused.
What exactly happened remains in the dark.
According to the court, the two later victims did not go to the apartment building on a whim.
"That was prepared," said the judge.
The two men were carrying dangerous objects such as a cutter knife.
The accused had regretted the act of September 26, 2020 in court.
"I am very sorry.
I didn't want that," he said.
He gave self-defense as the motive.
For the 22-year-old German, it is the second verdict in the case.
In April 2021, the Halle Regional Court sentenced him to three years and nine months in prison.
It found him guilty of assault resulting in death and aggravated assault.
On the other hand, he appealed.
The Federal Court of Justice reversed the verdict.
The case was referred to another criminal division of the regional court for retrial.
The more recent judgment is not yet final.
The trial began on February 22, 2022.
dpa