Feldkirch: 27-year-old convicted-wedding in danger!

Feldkirch: 27-year-old convicted-wedding in danger!

Feldkirch, Österreich - in Vorarlberg there was a remarkable judgment that is of interest to both the accused and the public. A 27-year-old man who already has five criminal records was convicted of attempted serious assault. The incident occurred four years ago in Feldkirch when the accused made his adversary in the face with a punch. This had to deal with minor injuries, but which did not fail dramatically.

like krone.at , the court decided that the defendant, despite his confession, has to bear intensive consequences. He was sentenced to 18 months in prison, of which 12 months were suspended on probation. The long duration of the procedure played a role in the pronouncement of the judgment, which led to a high proportion of probation.

pain and suffering and treatment costs

In addition to his prison sentence, the 27-year-old must pay a compensation for the Austrian Health Insurance Fund (ÖGK). Another allegation of beating a man lying on the ground and entering him could not be demonstrated. Nevertheless, he is perceived in public as someone who has made some serious mistakes in the past.

The accused is particularly explosive. He plans a wedding in July, although it remains unclear whether it can take place on the basis of the conviction. A marriage permit could depend on his job, insurance and residence. In this context, the opportunity to get a booth to enable the wedding was also brought into play.

legal background and basis for decision -making

A look at the legal foundations shows that the provisions on the assault in the Criminal Code (Section 83 of the Criminal Code) are very clear. According to the judgment of the Supreme Court (OGH) of January 19, 2011, responsibility for attempting a serious bodily harm is closely bound to the consequences of injury. In the present case, it was found that the accused acted intentionally but had no intention to bring about serious bodily harm. Therefore, the criminal assessment in accordance with the applicable legislation was rather mitigated. According to jusguide.at , an attempted bodily harm is only punished if there is also serious consequences of injury.

The judgment underlines how important it is to look at the intention behind the actions. Even if a punch is taken seriously, the degree of violation is crucial for the criminal assessment of the acts.

Overall, this case highlights the challenges that the judiciary faces in cases of bodily harm. It remains to be seen how the defendant's situation will develop in the near future and whether the wedding will take place as planned.