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Why the trial is about murder – SWR Aktuell

Why the trial is about murder – SWR Aktuell

The accused is said to have shot a police candidate and a police officer in the Kusel district. They had caught him suspected of poaching. Frank Groom from the ARD legal department explains the initial situation of the process.

In the process before the district court of Kaiserslautern, the 39-year-old Andreas S., among other things double murder accused. Also accused is a 33-year-old who was present at the night of the crime.

When does manslaughter become murder?

Again and again one hears sentences like: “Murder is when you kill someone on purpose, manslaughter when it happens in an emotional state.” But that’s not true. for murder and Manslaughter is a requirement that a human being intentional was killed. So the death was accepted at least approvingly. Manslaughter always becomes murder when so-called “murder characteristics” are added, which the penal code (§ 211) lists in detail. The prosecution names two of them here.

First Murder Trait: “Concealment Intent”

Andreas S. is said to have killed the police officer so that another crime – poaching – would not be exposed. The investigators say that Andreas S.’s alleged accomplice, a 33-year-old man, was collecting a wild boar that had been killed in a field. Both men were driving a large van on the K22 district road near Ulmet in the Kusel district. They are said to have poached there on a large scale. Lined up on hooks, deer and fallow deer are said to have already hung in the van.

Second Murder Trait: “Greed”

In addition, the public prosecutor accuses Andreas S. of having killed so that he could Dealing with illegal poaching can continue. In Saarland, there are said to have been investigations into bankruptcy and possible fraud against the 39-year-old. He is said to have practiced poaching commercially and professionally, and owned a game trade. He didn’t have a hunting ground or a hunting license himself, which was taken away from him. So he was probably out and about in the woods illegally for his trade in venison. And so that he can continue this trade, according to the indictment, he is said to have murdered.

Murder carries a mandatory sentence of life imprisonment

If the court were to follow the indictment at the end of the trial, that would mean: Murder must be punished with life imprisonment. This could be suspended after 15 years at the earliest, but this is not mandatory. First of all, of course, the allegations must be proven in court.

What is the second accused charged with?

The second accused, a 33-year-old man from Saarland, is accused of “hunting poaching”. The law (§ 292 Penal Code) lists several points when a “particularly serious case” of hunting poaching may exist. For example, if you operate it “commercially”, “at night” or “collectively”. The prosecution accuses him of all three counts. The minimum penalty is three months and the maximum penalty is five years imprisonment.

The current status of the investigation assumes that the 33-year-old defendant was on site together with the 39-year-old main suspect when the crime happened. He is also charged with “attempted evasion of justice” because he is said to have helped to remove traces of the murders. The specific punishment for him at the end of the trial depends on many factors, such as previous convictions, his personal circumstances or his behavior after the crime. It is therefore not possible to predict what sentence he can expect in the end. The maximum penalty is extremely rarely imposed.

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