Suche
Mein Konto
BGH overturns acquittal: New verdict in Weingarten murder case!
In the case of a 17-year-old who was stabbed in Landau in 2023, the BGH overturned the previous judgment. Restart the negotiation.
BGH overturns acquittal: New verdict in Weingarten murder case!
A new trial is underway in the tragic death of a 17-year-old who was stabbed during an argument in Rhineland-Palatinate in July 2023. The Federal Court of Justice (BGH) in Karlsruhe has overturned the acquittal of the Landau regional court for the alleged perpetrator, a 21-year-old, and referred the matter to another youth chamber for a new hearing. This decision marks a decisive turning point in the proceedings, which began after a barbecue party on a dirt road in Weingarten. [swr.de].
The incident, which took place on the night of July 1, 2023, began with an argument that had previously broken out between the 21-year-old and the subsequent victim. According to yahoo.de, friends of the victim had previously kicked and beat the defendant, which ultimately led to a traumatic brain injury. Fearing that this aggression would flare up again, the defendant decided to take a large folding knife with him as he searched for a cell phone that he had lost during the argument. When a new argument broke out - in which the 17-year-old punched the defendant in the face - the defendant stabbed the teenager in the chest with the knife, which resulted in his death.
Contradictions and ambiguities
The district court's reasoning for its judgment referred to excessive self-defense, although the court assumed that the defendant had acted out of fear. But the Federal Court of Justice put the regional court's argument to the test in its appeal. The district court's findings were based largely on the defendant's statements, without clarifying whether his actions were not also motivated by anger and annoyance. According to ferner-alsdorf.de and the BGH rulings, this was a serious omission in the assessment of evidence, especially since the defendant's behavior during and after the crime, as well as the motives and circumstances, were insufficiently illuminated.
Against this background, the Landau Regional Court must now hear the case again and make a new decision. Particular attention will need to be paid to the legal basis of self-defense and whether the defendant's actions should be viewed as a justified defense or possibly as excessive retaliation.
The tragedy of the situation cannot be denied. A young person has lost his life, while another could risk his freedom in unknown circumstances. The coming negotiations could be important not only for those affected, but also for the jurisprudence in Germany. Clarifying self-defense situations remains a sensitive topic that will continue to be discussed in public.