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The defendant was returned to Austria by the German authorities at the Freilassing border crossing and arrested on the night of October 14 in Salzburg on the orders of the Salzburg prosecutor’s office. The man’s preventive detention was announced on October 15 for risk of crime. At the time, he stated that he wanted to travel from his refugee accommodation in Lower Austria to his brother in Berlin and that he knew he had tested positive for the corona virus.
The 29-year-old, previously innocent, was connected to the trial today via video from custody. He described again that on October 13 he first took the tram to Vienna from his accommodation and from there he took a train to Munich to visit his brother. Although he knew that he had tested positive for the corona virus, he was convinced that he did not have corona because he was athletic. That is why he could not infect anyone, an interpreter translated the defendant’s statements. On October 28, he tested negative.
The judge reproached the Afghans for having been quarantined from October 6 to 16 due to the positive corona test, according to the Bruck an der Leitha district authority’s segregation notice. The defendant replied that he did not know how long he would stay in the room of residents who tested positive. No one translated BH’s decision. He was also retested on October 13 before leaving. The doctor told him that the test was negative. The prosecutor described this statement as a claim for protection. The defendant was unable to give the name of the doctor or notify him. The court also did not have a negative result from the October 13 test.
The defense attorney indicated that due to the positive test result on October 6, the CT value was on the verge of infectivity. From a CT value of 30, it is assumed that no one can be infected. In this case, there is only administrative fault for violating the BH’s decision. An infection is also more than a disease that man did not have.
However, the defendant tested positive for the corona virus again on October 14 in Salzburg. The judge confronted the accused with the information provided by the doctor at the hospital on duty, according to which there was a risk of contagion based on the CT value of October 14. But the 29-year-old said the test might not have been correct. Maybe something is wrong with his blood because of his time in Afghanistan. During the trial, he looked desperate and excited. “If you don’t release me, leave me alone,” he told the judge. Finally he asked for “mercy” and absolution.
Judge: “Slight verdict”
The father of four minor children who claims to live in Afghanistan was convicted under the criminal complaint. The judge spoke of a mild verdict, because the threat of punishment extends under Section 178 StGB up to three years in prison. But she emphasized the man’s lack of insight. He clearly took actions that created a risk of spreading communicable diseases.
Following the verdict, the defendant declared again that he had no positive asylum notice or job and that he finally wanted to go with his brother in Germany. He accepted the verdict, the prosecutor gave no explanation. If the verdict becomes final, the 29-year-old will be allowed to leave Salzburg prison next Friday because he has already served the mandatory part of the one-month custody sentence. The six months he received on probation were imposed with a three-year probationary period.