Decision of the Federal Court of Justice - Near fatal stab wound needs to be retried
The trial against a man who stabbed another in the back with a knife during an argument must be retried at the Hamburg Regional Court. This is evident from a published ruling by the Federal Court of Justice (BGH). The Regional Court had sentenced the defendant in December 2023 to seven years' imprisonment for attempted manslaughter in conjunction with dangerous bodily harm.
The BGH criticized the fact that the court had rejected the defense's request to examine two specific witnesses. These witnesses were supposed to testify about the defendant's aggressive behavior and threats prior to the stabbing. The court's rejection did not meet the legal requirements, so the case must be reheard before a different chamber of the Regional Court.
The 39-year-old Turkish man had struck a then 22-year-old with a beer can and then stabbed him in the back with a knife in a park in Hamburg-Dulsberg during an argument in March 2023. The defendant did not deny the stabbing but claimed he acted in self-defense. The chamber did not find this proven. The victim suffered a ten-centimeter-deep stab wound and a life-threatening lung injury.
The initial ruling for the stabbing incident in Hamburg-Dulsberg, where a man was attacked with a knife, necessitates a retrial due to the Regional Court's failure to adequately consider the defense's request to call specific witnesses. These witnesses could have testified about the defendant's aggressive behavior and threats prior to the stabbing, which could have potentially impacted the verdict.
