The Debrecen General Court, as a court of second instance, held a council hearing on 27 April 2021 in the case of the accused who attacked the police officer acting against him in a settlement in Hajdú-Bihar County.
The court of second instance upheld the verdict of the Debrecen District Court of 21 January 2021 in the criminal proceedings for violence against an official and for the violation of two ordinary bodily injuries, sentenced the accused to 3 years and 8 months in prison and suspended his sentence for 4 years. The man may be released on parole after serving two-thirds of the sentence.
According to the facts legally established by the court, the 50-year-old man appeared at the residence of his wife, who lived separately, and began to behave aggressively with his relatives there. The family asked for police action because of the man’s behavior. The district commissioner, who arrived at the scene, verified the man, who did not hand over his documents even after several calls, and insulted the police officer with obscene expressions, and threatened to beat him while shouting.
The accused acted aggressively throughout the measure, several times aggressively approaching his family members and the police officer, whom he also pushed, then squeezed his hand hard. The policeman then used physical coercion, which escalated into a brawl due to the man’s resistance, while they both landed on the ground, where the accused began to squeeze the policeman’s neck with a choking grip. Those on the scene rushed to the police officer’s aid and stretched the man’s arm off the policeman’s neck.
The accused resisted even while handcuffing and, lying on the ground, kicked one of the helpers with great force.
The appellate court pointed out that although the defendant had made a declaration of admission in the district court, waived his right to a trial and had acted in a genuinely regrettable manner, the defendant had a criminal record at the time of the offense and was subject to other criminal proceedings. The accused committed the crime of violence against the official in a very persistent manner, rendering the police officer acting against him incapable of taking action, in the course of which he also abused the person brought to his aid. In addition, crimes of a similar nature have increased tremendously both nationally and locally. The tribunal therefore also agreed with the decision of the court of first instance that the imposition of a prison sentence to be served is necessary and justified in order to achieve the purposes of the sentence.
The decision is final.
debrecenitorvenyszek.birosag.hu
