The Federal Supreme Court sees no reasons for a retrial in the murder case Balsthal SO. (Archive image: Keystone)
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A Somali stabbed his roommate in the Balsthal in 2013. According to a Klink report, however, the proceedings will not be reopened, the Federal Supreme Court ruled.
The medical knowledge gained in inpatient therapy is no reason for the resumption of the proceedings of a Somali who stabbed his roommate in 2013 in Balsthal SO . The man was sentenced to 14 years imprisonment for murder.
In its judgment of September 2017, the Thal-Gäu district court ruled that the prison sentence should be served in favor of a to postpone inpatient therapeutic measures. At the time, the expert came to the conclusion that the Somali was already ill at the time of the crime, but had not yet suffered from the later pronounced schizophrenia a moderately reduced capacity for guilt. The man represented by a lawyer submitted a request for a revision at the end of February 2021. He applied for no penalty to be imposed for lack of culpability, only an inpatient measure.
The Solothurn Higher Court rejected the application. And the Federal Supreme Court does not see any new medical findings in a judgment published on Friday that would require a revision.
Other interpretation
The treating clinic had stated in its progress report from December 2020 that the At the time of the offense, the convicted person must have suffered at least significant affective changes due to his illness – for example, increased irritability and aggressiveness. The report also states that there are now more and more indications that the crime was influenced by psychotic symptoms.
The clinic report does not document anything for the Federal Supreme Court Illness events relevant to the offense which the previous expert was not already aware of and which would have been decisive for his assessment. The clinic only made a different interpretation of the information known at the time of the crime. This is not enough for an appeal, as the Solothurn Higher Court correctly stated.
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