A fateful decision out of love

It is difficult for the soon-to 59-year-old woman visually, to have to, once again, to those Wednesday in February 2018 to remember. But the court must, in a summary procedure, to assure that an accused Person confesses in detail, what she was accused of in the indictment.

"It was not to be endured"

And so lead to the questions of the court President Maya Knüsel back in time and directly into the room 100 of the hospital Triemli. And many of the answers of the wife to go again and again in your tears, choked voice. But of course, it recognizes all shield, from which the legal charge: attempted intentional homicide.

Where: The word kill, you don't want to come across the lips. It connects the notion with the application of violence. "I wanted to save him," she says. You've presented, he'll go to sleep and not Wake up. And she also says: "It was no longer bearable."

It was worse

The then-87-year-old father was in the hospital because he had suffered a stroke. Already before the presumed demented man in a residential and nursing home was located, after he had accompanied his daughter for years, and cared for.

The hospital, but the daughter had to take the hope that the condition of the hemiplegic father recovered so far that he could pursue his last pleasures, the food and Drink. It got worse: every time I try to eat and to drink, there was the risk that he swallowed and choked. Choking they had witnessed themselves.

a suspended sentence

requested the idea, to save the father from further suffering grew in her. "Do something, so I don't want to live", he had said earlier to her. That February Wednesday, they wanted to inject him via the injection valve, air in the veins "". This should cause an embolism and to lead to a as you hoped, "peaceful Dying". So far it's not came. Employees of the hospital were able to intervene. Less than a month later, the father died in the residential and nursing home of natural causes.

In the framework of an abbreviated proceeding, the public Prosecutor requested the court that the woman was a convict for attempted intentional homicide to a conditional sentence of imprisonment of two years. In this proposed Judgment, the Accused and her defender had agreed to it.

The significant undershooting of the minimum sentence of five years, the state attorney justified with three arguments: The trial of the killing had already been in the early stages aborted. The created danger was low. But in contrast, the emotional distress of the daughter had been very high. A penalty is not necessary because it was to decide on the life of another human being.

The defender said it was a "fateful decision, borne of love and compassion". The Accused does not have to get rid of your father, but want to redeem. Her Action was understandable, if you see your father for years and haven't maintained, "until you could stand it".

"Human understandable"

In the case of a summary procedure, a court will examine only three aspects: Is the abbreviated form of the procedure? The accused Person confirmed her confession and accepted the associated penalty? The proposed penalty is appropriate?

the answer to the last question failed in this case, the abbreviated procedure. What did the woman, given her Situation then, your motives, and your burden, the "human understandable", said Maya Knüsel in the name of their two Mitrichter. And the court will believe your information.

But in the case of a kill attempt, it was a capital crime that needs to be clarified. Hospital employees are only indicative, however, were questioned by the police. A formal survey conducted by the public Prosecutor to the objectification of the statements of the accused not to have given it to.

court rejects procedure

That the minimum sentence was reduced from five years to two years, a criminal mass, which allows a conditional execution, with the note that it was only an attempted killing "justifiable". That the woman is not heard but in prison, was also the district court is clear.

It referred back the case to the Prosecutor's office with the order, and due process. Thus, the implicit order, to provide for a milder accusation was associated but. "Here was falsely accused," said knuesel. The case must be in favour of the accused, weighted.

there are Essentially two possibilities. The woman acted under an excusable great psychological burden, is a conviction for manslaughter. In this case, the minimum penalty is a cheat just a year in prison. It is also conceivable a guilty verdict "killing on Request" would be under the circumstances. Here, even a conditional fine as a minimum penalty possible.

rejection really necessary?

In this situation, it is actually that will change the result under the dash-nothing. The 59-Year-old is not going to jail. Undoubtedly, the court has issued a decision, which is legally not objectionable. The fact, however, that the wife in this particular, human stressful constellation will be exposed once again, the burden of criminal proceedings, raises the question of whether the decision also is human the right. (Tages-Anzeiger.ch/Newsnet)

Created: 04.04.2019, 13:03 PM