The Hajdú-Bihar County Attorney General’s Office charged a 58-year-old man with the crime of murder with special cruelty to harm a person with limited ability to prevent a crime due to his condition.
According to the verdict, at the end of 2019, the defendant admitted to his house the victim of epilepsy and mental illness with whom he had established a cohabitation. The man has an egocentric, unscrupulous, self-righteous personality. He kept under constant control, intimidated, and even regularly abused the woman who was weakened by the symptoms of the disease, whose lifestyle he objected to, and was even jealous of. Due to the significant difference in physical strength between the victim and the accused, as well as his intimidation, the victim was not able to express the resistance or defense expected from a healthy person.
The defendant had repeatedly beaten the woman in a brutal manner in the month of February 2020. He punched her in the head and across the body with a blunt device, inflicted several stab injuries on her leg with a pointed device, and even trampled and kicked the victim lying on the ground, causing internal injury. He abused her with a total of 45 regular acts of force until eventually, the woman died. When the accused noticed her death, he sought to erase traces of the abuse. Based on the suspect’s behavior and the suspicious circumstances of the victim’s condition, a police on-site inspection was carried out shortly.
The tribunal found the accused guilty of a fatal bodily injury contrary to the prosecution’s motion. He was therefore sentenced to 8 years in prison and 10 years in disqualification from public affairs. According to the reasoning of the judgment, “it is clear that the perpetrator method is indicative of particular cruelty. The accused should at least have been aware that the woman could die from injuries resulting from continuous, daily, prolonged, and abuse throughout the body a few hours before her death. ” However, in the view of the tribunal, since the actual duration of treatment for all his injuries was within 8 days, the defendant was lightly confident of the non-fatal outcome.
The prosecution appealed to establish guilt in the crime of qualified homicide and to impose a life sentence. The General Prosecutor’s Office of Debrecen pointed out in its motion to the panel court that the accused could not have a real reason for the confidence referred to by the tribunal. Because of the brutality and intensity of the act, he was obviously reassured that the woman, who was unable to defend herself because of her intimidation and weakened condition, would not survive the days of abuse. His consciousness embraced the realistic possibility and inevitability of a deadly consequence, against which, however, he remained indifferent. No medical knowledge is required to recognize the risk of death, and general life experience is sufficient. A convicted person who has twice been sentenced to imprisonment for sexual violence and grievous bodily harm may only be sentenced to life imprisonment.
In the criminal case, the Debrecen Judgment Board decides on the basis of the appeal announced by the prosecutor’s office and the accused or his defense counsel.
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