”the Court finds it established beyond reasonable doubt that the assault that the boys in the so-called Huskvarnamålet exercised against the man leading to death.”
So, write the Göta court of appeal on its website.
with the judgment of the Jönköping tingrätt brought down at the end of last year. However, unlike the district court establishes the court of appeal to the violence as the boys exercised, led to Gheorge ”Gica” Hortolomei-Lupus death.
the Court of appeal mean that it is ”virtually impossible” to any other person, after the boys left the place, attacked the then severely beaten Gica or that he died of injuries suffered in another way.
the attack on the man was not of such a nature that it would normally lead to death. The court of appeal mean that it Gicas ”bad general condition” was a contributing cause to his death.
"this violence has not been of the character that it typically leads to death," says Charlotta Riberdahl, one of the judges, at a press briefing.
is Furthermore of the opinion the court of appeal to the boys, who were 16 and 14 years old respectively at the event, was not aware that the man could die from the beating. With these grounds, considers the court of appeal that it is not murder.
– We have gone ahead and tested how the boys ' actions to be assessed. Where we have come to the conclusion that they have not shown that they had any intent to the man's death, " says Nils Karlberg, another of the judges in the case, to the TT.
the Decision means that the relatives will not get any damages.
closed youth care in five months for aggravated assault. Unlike the district court, considers the court of appeal that it is proven that even the younger of the boys, who were too young to be punished, guilty of aggravated assault.
It was 8 August last year, a 48-year-old Gica was found dead in a park in Huskvarna, sweden. After that the body obducerats classified the case as suspected murder.
the 12-year-old Sorin ready to help when the father's grave is dug.
”Gica”-objective clear in the court of appeal
the 16-year-old boy is being prosecuted for murder.
Huskvarna shaken by the suspected murder