Court hearing about fatal shot in Spittal: the focus!

Court hearing about fatal shot in Spittal: the focus!

In the Turkish barracks in Spittal on the Drau there was a tragic incident in October last year: a basic military servant fatally shot a comrade into his chest. The alleged shooter, which has been in custody since then, will be charged with the State Court of Klagenfurt next Wednesday. According to meinbezirk.at the defendant has deliberately traded.

The incident occurred during a layer of waking, with the shooter with a crowded service weapon with him. Prosecutor Markus Kitz accuses him of murder while the defendant defended himself with a negligent killing. In a crucial detail, Kitz pointed out that the defendant rejected a crime reconstruction, which could play an important role in a process.

background and legal context

Austrian criminal law knows different stages of guilt, from murder to negligent killing. A similar case shows that the delimitation of the individual terms can be decisive for the outcome of a procedure. According to iurastudent.de , the distinction between homicide and negligent killing is of central importance. While in the case of the murder, intentions must be proven, the lack of due diligence can also be exploited in the event of negligent killing in order to evade the blame.

In the current process, various aspects of the shot levy are critically examined. Was it actually an accident, or are the circumstances so that there is a deliberate action? The presiding judge of the negotiation, Dietmar Wassertheurer, will examine these questions and decide whether the basic military servant can be held responsible for the crime.

effects on the Bundeswehr

Such a tragic event not only has far -reaching consequences for the family affected, but also for the Bundeswehr and the general public. Against the background of the safety precautions in military institutions, this negotiation could be taken as an opportunity to think about the handling of service weapons and the training of soldiers during their service.

How the process continues and what arguments the defense will argue remains to be seen. However, it is clear that the outcome of the procedure is not only important for those involved, but also for many who are connected to the structures of the Austrian Bundeswehr.