The assault on two police officers on the day of german unity in 2017 brought a brother and sister from the district of bamberg before the gross criminal court of the regional court. The incident took place at night in front of a discotheque in the city area and culminated in an attack on a 26-year-old female patrol officer. Both perpetrators got off with custodial sentences. One could be happy about it, but the other could be angry.
It is not uncommon for a defendant to cry in court. Often it is self-pity, sometimes part of the defense strategy, but sometimes also disappointment because he feels unfairly treated. However, the joyful comments are less frequent. Especially when one has just been found guilty of a dangerous bodily injury. The relief sven H.S (name changed) was to be grasped with his hands after the pronouncement of the custodial sentence of one year and nine months. Also in the auditorium, which was filled with relatives, acquaintances, friends and work colleagues.
At the side of his defense attorney maximilian glabasnia (bamberg), sven H. After the crime, everything was done right. "That’s all anyone can do after screwing up" this was the reason given by the criminal court for the comparatively lenient verdict. From the confession to the apology, to the gross victim compensation (20000 euro), from the professional perspective to the family support … "This is certainly not an everyday defendant", also admitted lawyer christian jackle (nurnberg), who represented the injured police officer as a joint plaintiff.
Psychotherapy recommended
In the next three years, sven H. Now no longer a criminal, must stay away from alcohol and prove this during urine tests, must not endanger his job and should undergo outpatient psychotherapy. This also advocated dr. Susanne eberlein. The psychiatric expert had not only heard about sven H’s childhood.S, which was marked by massive violence and terrible humiliation at the hands of her father; she also described the consequences of alcohol consumption, namely uninhibited aggression. A similar incident had already occurred six years ago, but with mild consequences for all involved.
Sympathy with the victim
Senior public prosecutor otto heyder had "no sympathy with the perpetrator, but with the victim" and a three-year prison sentence for sven H. Demanded. To send a signal from the courtroom: "the police, who are on the road day and night to protect others and, as in the case of the incident in front of the discotheque, encounter drunken, intransigent people, must also be protected themselves." He spoke of "thugs and troublemakers" and of increasing disrespect that was not justified, not even by a difficult childhood, too much alcohol or the feeling of having to help one’s own brother by force.
The first accused attempted manslaughter had after four extensive days of trial weakened into a dangerous bodily injury. Because sven H. No will to kill could be proven, and the worm injuries to the neck had not been that severe. Especially since the defendant, as a strength athlete, could have done more serious damage.
The brother stefan H. Received a seven-month prison sentence for preservation. The court did not accept the objections of his lawyer oliver teichmann, who blamed the police officers, who had not behaved properly, and the security staff, who had stirred up the situation with provocations. Stefan H. First the policewoman was pressed against a gate and later bit a club bouncer in the thigh; by then he was already lying on the ground, tied up.
However, the presiding judge, manfred schmidt, attested to his "moral contributory negligence on the fact that the bachelor party sven H.S so out of control. "You must have known that your brother does not tolerate alcohol. And yet, they have invited him to celebrate. It did not have to come so far."
The annoyance was also reflected in the preservation requirements. Stefan H has to pay 1000 euros each. Pay to the bamberg association for youth welfare, as well as a police fund.