General criminal law
Appeal: proceedings discontinued
Conviction for dangerous bodily harm at first instance, proceedings discontinued
Our client was convicted at first instance by the Amtsgericht Hamburg (Hamburg District Court) of dangerous bodily harm under sects. 223 (1), 224 (1) no. 2 StGB (German Criminal Code) committed with pepper spray, and sentenced to six months' imprisonment.
The first question was whether a situation of self-defence under sect. 32 StGB was present. Following a corresponding motion to take evidence and the expert assessment that followed, however, considerable doubts arose as to our client's criminal responsibility on account of a mental illness.
In the end the expert reached a clear diagnosis, which is why the court assumed that criminal responsibility was excluded under sect. 20 StGB. The diagnosis and its effects remained far below the requirements for an order of placement in a psychiatric hospital under sect. 63 StGB. Instead, the proceedings were discontinued under the newly created sect. 153a (1) no. 8 StPO (German Code of Criminal Procedure), subject to the condition that he undergo psychiatric care and treatment for one year. Once that period has expired and the condition has been met, the proceedings will be discontinued definitively.
As a result, our client now has no criminal record, has received an important diagnosis and can begin treatment.
Provisions: § 223 Abs. 1 StGB · § 224 Abs. 1 Nr. 2 StGB · § 32 StGB · § 20 StGB · § 63 StGB · § 153a Abs. 1 Nr. 8 StPO
The proceedings described here have been concluded. The outcome of any case always depends on its individual circumstances.