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Rorschach district court
“The devil was after me and wanted to kill me”: 52-year-old man stabs his girlfriend and injures himself – court sends him to minor custody
Due to mental illness and alcohol addiction, the defendant believed he was fighting the devil in May 2018. He killed his girlfriend at the time in Thal. He is considered incapable of feeling guilty and must be hospitalized in a psychiatric facility.
The 52-year-old man vaguely remembers the night of May 16, 2018. He barricaded himself with the subsequent victim in the basement of his apartment and closed the basement door from the inside, out of fear of the devil. She didn’t see him, but she heard him gasp. At 7:30 am, police found the defendant and the 44-year-old woman, both with cuts and stab wounds to the upper body. She dies a bit later on the scene.
On Wednesday, he told the Rorschach district court that he did not know how the injuries occurred. He answers the judges’ questions in a low and barely comprehensible voice. Due to the greater space available, the hearing was not held in the office building, but in the town hall.
You may have injured yourself. He also believes that it was he who mortally wounded the victim. He remembered almost nothing. He was afraid of Satan. The accused says:
“The devil was chasing me and he wanted to kill me.”
Stabbed with the butcher knife
In the defendant’s basement there were 30 knives that the trained butcher needed to work. He just remembers cutting the woman’s forearm and himself with one of the knives. In court, he says he thought he could outwit the devil that way.
Today he no longer knows why he believed that. But he is sure that the victim did not react. According to the 52-year-old man, the woman endured it all. The judge wanted to know what his relationship with the devil was like today. He says:
“I believe in God and in the devil.”
But the devil is no longer in your neighborhood today.
Because the neighbors heard screams, they realized what was happening in the basement. A neighbor asked if everything was okay. Later he alerted the police.
Fear that something like this could happen again
The 52-year-old man met the victim in May 2015. They lived together as lovers for three years. There was never an argument. The woman moved a month before the event. According to the daughter, because she could no longer bear the accused. There was no separation.
The defendant is currently on premature execution in a closed psychiatric clinic. You feel that you are in good hands, you are doing therapy and taking medications. His health is stable, but he fears something like this will happen again. He says:
I’m glad you help me. I am very careful. »
There is a high risk of relapse
The prosecutor says the crime is related to a serious mental disorder. There is a high risk of relapse and protection for the public is indicated. As a result, hospital treatment is recommended and all requirements are met. The accused also confessed. The psychological report clearly states that it can be assumed that there is no guilt, for which a hospital therapeutic measure is ordered according to Article 59 of the Penal Code (minor custody).
Small custody
An internment measure for the treatment of mental disorders in accordance with article 59, paragraph 3 of the Penal Code, is also known as “minor custody” if there is a risk of flight or relapse and must be carried out in a closed center. To be pronounced, the perpetrator must be classified as dangerous. The measure can be extended to five years.
The lawyer for the two children of the victim, who appear as private plaintiffs, also demands satisfaction and compensation: the defendant must bear the expenses of the funeral of 949.30 francs. The court should also consider the possibility of expelling the native German from the country after the internment measure.
According to the defense, the execution behavior of the accused was impeccable. The therapy is clearly working and, objectively, almost no symptoms of the disease are recognizable. Small custody should only be as long and restrictive of liberty as necessary. Therefore, the court must consider a dismissal after three years and not after five years as required by law.
Satisfaction has no relation to loss
In the verdict, the Rorschach District Court followed the motion of the prosecution and defense: the defendant should be acquitted of the crime of intentional manslaughter by incapacity. An inpatient therapeutic measure should be requested.
The defendant must pay compensation of CHF 15,000 and CHF 10,000 to the children of the victim, who also attended the hearing. These contributions are not related to the loss of the mother, says the judge, but the amount is limited due to insolvency. In addition, the defendant 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 fees of 30 francs each. If the parties do not accept the judgment, they can defend against it within a period of time.