no, you would not want to be stuck in this case in the role of the judge. To judge a dispute was in prison, and the rules of the judicial art require that this judgment "will be made without regard to the Person". Only the Accused in the case, Brian is the Pseudonym of Carlos one of the most famous offenders of Switzerland. A man that many saw because of its notorious violence at forever behind bars. The Prosecutor demanded a sentence of 7½ years, and then a detention.
Others see the 24-year-old Swiss, a justice of victims that can, after many humbling experiences hardly be more different, to rebel against the System. The defenders took this view; he argued for a sentence of one year – which would have led to a release, because Brian is no longer in custody.
Brian declared war
The district court of Dielsdorf made in this context, an outright judgment of Solomon. It sentenced Brian to four years and nine months in prison, the penalty will however be postponed in favour of a stationary measure, in the vernacular also "small storage" called. Guilty, Brian is the view of the court, among other things, of attempted serious bodily injury, simple injury, the threat of damage to property, violence and threats against officials and the abuse and with the exception of the first offence in each point several times.
drawing from the judgment of the 30.10.2019 in the district court of Zurich – without Brian. Illustration: Robert Honegger.
With this ruling, would have been met is a prerequisite for a safe-keeping: the guilty verdict for attempted aggravated assault. To the judge of the court was an incident of the state's attorney describes as follows: The chief of the security Department in the prison Pöschwies had opened the young man in a meeting that he was to be moved back in the same safety division. After that, Brian said, "well, I declare to you war", he hurled a chair across the room and went out "with ruthless brutality" to an uninvolved supervisor. Six men have used it to Brian wegzuzerren.
the judge is out of the question that Brian no longer had under control.
was Very different, said the defender, a scramble that could have a maximum of seconds taken. The testimony sounds as if arranged by the overseer. However, this view the court is not informed. "The defender has dissected in his very good argument, the contradictions in the testimony of the Parties," said court President Marc Gmünder yesterday, in the court's opening. "Only That the Parties perceive such a dynamic event that happened within seconds, different is normal." Also no motive was apparent, which is why the to have supervisors Brian unfairly blame to.
For the judges, this is out of the question that Brian no longer had under control – by the way, in sharp contrast to the two blows that he had missed two months earlier of a fellow inmate. "These were targeted and dosed," said court President Gmünder, "and thus closer to the border with the assault as an attempted serious bodily injury."
The downward spiral stop
not met, the judges saw, however, the second condition for custody that a therapy had little or no prospects of success. It does not matter that the Accused, suffers according to the opinion of an antisocial personality disorder with psychopathic traits, negative treatment, so the judge: "Lack of insight is often part of the disease." The fact was that Brian had repeatedly sought help in the clinic, Rheinau and get.
The presentation of the defender, Brian rebel, especially against the justice , and out another, rejected judge Gmünder: "It would be nice if we could follow this assessment." His most serious offences committed by Brian, but in freedom, not in custody: In 2011, as a 15-Year-old, seriously injured a counterparty with a knife; in 2016, he missed another after a quarrel with such a fierce uppercut, that this suffered a broken jaw.
Brian made a "difficult, bad experiences with government interventions," acknowledged the judge, and he admitted that the defender have a right to it, when he was criticizing the often highly resistant to treatment: "But this is a recurring offence pattern of the accused, his will with threats and violence to enforce there much earlier. His behavior with the mistakes of the authorities is not justified." Brian was for his actions responsible.
"Brian alone has the key in Hand, to lead All to a good end."Marc Gmünder, President of the court
of Course, he will show little insight, on the contrary, another criminal case against him. As the competent state Prosecutor Ulrich Krättli said to Radio SRF, it goes back to similar offences in the prison system: violence and threats against public officials, assault, damage to property.
"at The Moment is a downward spiral in the hallway, Brian, mentally and physically strong added," said the judge. Due to his mental condition, he was not, however, able to change his behavior: "Without the help of the spiral just goes on and on to final exhaustion." For the court, it is clear that a therapy can not promise quick success. It is necessary to proceed step by step, needed a creative solution – and with setbacks to be expected. Brian had to understand that further offences were always tougher penalties: "He alone has the key in Hand, to lead All to a good end."
even though there is a small Caveat: The judgment is not yet final. Last night, neither a defender nor a Prosecutor want to have a question comment on whether you pull the case to the upper court.
Video: What is Carlos-judgment? "Also the Prosecutor demanded no stationary measure": the court reporter Thomas Hasler, the judgment files. Video: Aline Bavier
Created: 06.11.2019, 21:51 PM