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The 35-year-old man had gained access to a residential building in Deutsch Jahrndorf on Tuesday night. After he was caught by the owner of the house, the man wanted to flee. The owner of the house and a neighbor who heard the action detained the 35-year-old and prevented him from escaping. The man died.
According to the owner, the captured thief is said to have defended himself on a large scale, the “Kronen Zeitung” reported on Friday, citing the owner’s lawyer. Consequently, there was a solid fight. The owner and neighbor are said to have pinned the victim by holding his feet and upper body to the floor. When the police wanted to seize the man after about 15 minutes and handcuff him, he was apparently no longer alive.
“From a legal point of view, there is a legitimate defense. First he broke in and then tried violently to prevent his arrest,” the lawyer for the home owner said according to the “Kronen Zeitung”. His client “did nothing wrong because a perpetrator can be detained until the police arrive.”
According to the preliminary result of the autopsy, there were no signs of excessive use of force against the 35-year-old, the StA spokeswoman for the APA said. The investigation is based on the suspicion of wrongful death. It remains to be investigated whether there is a causal connection between the arrest and the man’s death, Bauer says. If this question is answered in the affirmative, it should be examined whether the detention was proportionate.
Notification and suspension rights are regulated in article 80 of the Code of Criminal Procedure. “Anyone who can assume on the basis of certain facts that a person is carrying out a criminal act, has carried out it immediately before or is being wanted for the commission of a criminal act, has the right to detain this person in a proportionate manner, but to report it immediately to the next accessible body of the public security service ”, it says there in the second paragraph.
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