crime
Defense appeals after baby killing verdict
A sign with the federal eagle at the headquarters of the federal prosecutor in Karlsruhe. photo
© Uli Deck/dpa
Murder or Manslaughter? The Federal Court of Justice will probably have to deal again with the case of a baby who died violently.
After the recent verdict on the violent death of a baby in Lower Franconia, the defendant’s defense appealed. The Federal Court of Justice (BGH) must again examine the decision of the Würzburg Regional Court for legal errors, as a court spokesman said on Monday. Last Thursday, the district court sentenced the accused 25-year-old to life imprisonment for murder.
The district court made the first judgment in the case in February 2021. At that time, the German had been sentenced to eleven years in prison for manslaughter. The public prosecutor’s office and defense appealed – the BGH therefore dealt with the matter.
After the examination, the BGH referred the case back to the district court because it had not been clarified with certainty whether the accused had deliberately killed the baby – so perhaps there was murder instead of manslaughter. It then came to a trial before another criminal division and a conviction for murder. If the defense does not withdraw the appeal, the BGH must review the new judgment.
The man is said to have abused and suffocated the eight-month-old boy shortly before Christmas 2019 in the Gemünden am Main area.