The position of the General Prosecutor’s Office of Debrecen is not justified to reduce the sentence against the perpetrators who broke into the life of the elderly man.
The Nyíregyháza General Court sentenced the 21-year-old and 53-year-old defendants to 10-10 years in prison for attempted homicide, as a violation of personal liberty, robbery and other crimes, and to ban them from public affairs of the same duration.
According to the verdict, the young defendant lived with his 62-year-old father in a common household at the county seat in Szabolcs-Szatmár-Bereg county. The victim also accommodated the older offender in his house, where he gave him accommodation. There were regular quarrels between the victim and his son. The boy blamed his father for his mother’s earlier move away from them. Because of this, the victim was sometimes abused.
In May 2020, in the evening hours, the defendants and the victim returned home after drinking together in a pub. In their drunken state, a conflict erupted between the relatives again due to the mother’s relocation. The young man attacked the victim lying on the bed, shouting, “I’ll kill you, Mom left because of you too!” He punched his fist all over his body so hard that the victim fell to the floor. The older defendant also became involved in the abuse. While at his request, the boy grabbed the victim’s legs, his accomplice tied his hands with clothes, and the boy tied his legs together. The younger accused then attacked his defenseless, fully vulnerable father with a knife. He stabbed him in the temple with a long-bladed knife, then kicked him in the chest as he left, scolding him.
Defendants, with the intention of preventing the victim from seeking help, locked the door of the room with a key, then illegally stole his cell phone, documented wallet, and credit card from the scene to flee to Austria. On the way, they wanted to withdraw money at an ATM, but due to a lack of knowledge of the code, they were unsuccessful. The briefcase was thrown into a bush. The next day, the investigating authority arrested them at a railway station in Budapest and detained them.
The severely injured father, meanwhile, freed himself, fled the house, and asked for help. His skull injury caused a life-threatening condition that would have resulted in his death in the absence of proper medical care. The actual healing duration of lumbar vertebral and facial fracture injuries can also be months.
At the preparatory hearing of the tribunal, the prosecuting authority submitted a moderate motion for the imposition of a sentence in the case of the confession of the accused. As the defendants’ statement of guilt was accepted by the tribunal, it ruled on the content of the prosecution’s motion even with the verdict at the preparatory hearing. The prosecution took note of the verdict.
According to the Debrecen General Prosecutor’s Office, defense appeals aimed at mitigating imprisonment are not well-founded. Mitigation is counteracted by the high material weight of the crime against life as well as the momentum of aggravating circumstances established by the tribunal. The blatantly gross violence, as well as the fact that one of the accused has broken into the life of his father, while the other has broken into the life of a person in a relationship of trust with him, does not allow for a further mitigation of the legal disadvantage, which is not excessive. The General Prosecutor ‘s Office therefore proposed that the judgment be upheld.
The defense appeals are judged by the Debrecen Court of Appeal at second instance.
ugyeszseg.hu
Picture: illustration.
