Germany: Syrian asylum seeker who pushed a disabled man in front of an incoming train allegedly not criminally responsible

An appalling incident took place at Waghäusel railway station near Heidelberg in the summer of 2020: On the evening of July 28, a severely disabled man was pushed onto the track bed by a then 25-year-old asylum seeker. As a goods train approaches at a speed of around 90 kilometres per hour, the 54-year-old begs to be allowed to climb onto the platform. But the Syrian kicks and punches, deliberately preventing him from being rescued. According to the police, his younger brother (22), who was also present, secured the scene.

It is hard to believe that the victim survives the brutal crime at the train station in Waghäusel: only because of his slender stature does the victim manage to squeeze into a gap between the concrete wall and the train. Nevertheless, the man suffers severe injuries, bones break – to this day he suffers the injuries.

The accused did not comment during the trial. The main perpetrator, like his brother, is said to have come to Germany as a refugee and to have been frustrated with his living situation. School-leaving qualifications were not recognised. He had earned a little money here and there.

The Karlsruhe Regional Court found the pair of brothers guilty in April 2021. The court sentenced the 27-year-old Syrian to ten years in prison for attempted murder and his 24-year-old brother to nine months probation for failure to render assistance.

But because the Federal Supreme Court (BGH) in Karlsruhe sees failures in the assessment of mental illness, another chamber of the court has had to hear the case again since Wednesday ( April 6).

But because the Federal Supreme Court (BGH) in Karlsruhe sees failures in the assessment of mental illness, another chamber of the court has had to hear the case again since Wednesday ( April 6).

According to the court, the 27-year-old’s culpability was not properly assessed: “A paranoid schizophrenia was not sufficiently investigated because the district court only insufficiently assessed the abnormalities in his lifestyle during the period of the crime,” the court stated.

“Furthermore, the explanations of the Regional Court lack an examination of a drug-induced psychosis.” In other words, the Regional Court had not taken into account that the offender suffered from a mental illness due to drug abuse.

It has to be clarified whether the man has to be admitted to a psychiatric hospital. On Wednesday, the presiding judge repeatedly asked about the man’s symptoms and drug use. According to an expert witness, the older brother regularly used cannabis as well as cocaine and crystal meth from time to time. Optical and acoustic hallucinations are also an issue.

For the new trial, the district court has initially scheduled three more days of hearings. A verdict is expected at the beginning of May.

https://www.mannheim24.de/region/waghaeusel-bahnhof-zug-gericht-karlsuhe-asylbewerber-tat-urteil-bgh-91463802.html