Who will kill the devil
District court Rorschach - "The devil was after me and wanted to kill me": 52-year-old stabbed girlfriend and injured himself - court sent him to the small custody
"The devil was after me and wanted to kill me": 52-year-old stabs girlfriend and injures himself - the court sends him to the small custody
Due to a mental illness and alcohol addiction, the accused believed he was fighting the devil in May 2018. He killed his girlfriend at the time in Thal. He is considered to be incapable of guilt and has to be hospitalized in a psychiatric facility.
The 52-year-old only vaguely remembers the night of May 16, 2018. He barricaded himself with the later victim in the cellar of his apartment and locked the cellar door from the inside - for fear of the devil. He did not see him, but heard him panting. At 7:30 in the morning, the police found the accused and the then 44-year-old woman - both with cuts and stab wounds on the upper body. She dies a little later at the scene of the crime.
On Wednesday he said in front of the Rorschach district court that he did not know how the injuries came about. He answers the judges' questions quietly and barely understandable. Due to the larger space available, the hearing did not take place in the office building, but in the town hall.
It is possible that he inflicted the injuries on himself. He also thinks it was he who fatally injured the victim. He could remember almost nothing. He was afraid of Satan. The accused says:
"The devil was after me and wanted to kill me."
Stabbed with the butcher's knife
In the cellar of the accused there were 30 knives that the trained butcher needed to work. He only remembers cutting open the forearm of the woman and himself with one of the knives. In court he says he thought he could outsmart the devil like that.
Today he no longer knows why he believed that. But he is sure that the victim did not react to it. According to the 52-year-old, the woman endured everything. The judge wanted to know how his relationship with the devil was today. He says:
"I believe in God and in the devil."
But the devil is no longer around today.
Because the neighbors heard screams, they became aware of what was going on in the basement. A neighbor asked if everything was okay. He later alerted the police.
Afraid that something like this could happen again
The 52-year-old met the victim in May 2015. They lived together as lovers for three years. There never was an argument. The woman moved out a month before the act. According to the daughter, because she couldn't stand the accused anymore. There was no separation.
The accused is currently on premature execution in a closed psychiatric clinic. He feels that he is in good hands, is doing therapy and taking medication. His health is stable, but he is afraid that something like this could happen again. He says:
«I am glad that I am being helped. I am very much taken care of. »
There is a high risk of relapse
The crime is related to a serious mental disorder, says the prosecutor. There is a high risk of relapse and protection for the public is indicated. As a result, inpatient treatment is recommended and all requirements are met. The accused also confessed. The psychological report clearly states that a person is incapable of guilt, which is why an inpatient therapeutic measure according to Art. 59 of the Criminal Code (small custody) is to be ordered.
An inpatient measure for the treatment of mental disorders according to Art. 59 Paragraph 3 of the Criminal Code is also known as "small custody" if there is a risk of escape or relapse and must be carried out in a closed facility. In order for it to be pronounced, the perpetrator must be classified as dangerous. The measure can be extended after five years.
The lawyer for the two children of the victim, who appear as private prosecutors, also demands satisfaction and compensation - the accused should bear the funeral costs of 949.30 francs. The court should also consider expelling the native German from the country after the inpatient measure.
According to the defense, the execution behavior of the accused was impeccable. The therapy is obviously working, and objectively hardly any symptoms of the disease are recognizable. The small custody should only be as long and restrict freedom as necessary. Therefore, the court should consider a dismissal after three years, and not after five years as provided by law.
Satisfaction bears no relation to loss
In the verdict, the Rorschach District Court followed the motion of the public prosecutor's office and defense: the accused was to be acquitted of the offense of willful homicide as a result of incapacity. An inpatient therapeutic measure should be ordered.
The accused has to pay a satisfaction of CHF 15,000 and CHF 10,000 to the children of the victim, who also attended the hearing. These contributions are in no relation to the loss of the mother, says the judge, but the amount is limited due to the insolvency. In addition, the accused has to pay the funeral expenses.
Because illegal pornographic films were stored on the suspect's smartphone, he is found guilty of multiple possession of pornography and receives a conditional fine of 20 daily rates of 30 francs each. If those involved do not accept the judgment, they can defend themselves against it within a period of time.
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