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Mega failure for the Zurich judiciary: in September 2018, AD * (36) was convicted of killing his sub-tenant FM († 28). He strangled her and then raped her. Now the case must be reopened! The Federal Supreme Court ruled that there were “more serious and obvious procedural errors.”
What happened? The IT specialist FM arrived in Zurich in the summer of 2016, where she started a good position. She rented a room from AD The two had constant arguments. The dispute escalated in September 2016. According to the indictment, the AD strangled the subtenant to death. He then sexually assaulted the corpse, cleaned it, and put a jump rope over the body with the handle in his hand. The prosecutor said AD was trying to create the impression that FM had fainted.
Responsible for desecration, but not for strangulation
The defense strategy failed. However, the Zurich District Court and later also the High Court concluded that the perpetrator of the mental illness could not be punished for killing his roommate, as he had committed it in a state of guilt. In such cases, instead of a sanction, a measure to treat mental disorders is usually imposed.
However, for the desecration of the body, the Zurich courts found the man guilty and sentenced him to 22 months in prison for disturbing the peace of the dead. In addition, the district court ordered a therapeutic measure for hospitalized patients.
Federal Supreme Court orders new procedures
The Supreme Federal Court ruled that two types of processes had been mixed with this procedure, which was not admissible. Or the defendant’s disability should have been clearly established. Then the district court should have decided the appropriate action. If, on the other hand, a district court finds that a person is guilty, it must reject the prosecutor’s request for an order.
The outcome of the decision: The Federal Supreme Court demanded that the superior court overturn the judgment of the district court. The case is now back with the Zurich prosecutor. In addition, the higher court decided how to deal with the costs of the process. It will take you entirely to the court treasury. It is about 70,000 francs for legal expenses, as well as compensation for lawyers and expenses. (vof / SDA)
