- Attempted fatal assault on spouse in Pforzheim undergoes re-trial
At a hearing before the Regional Court of Karlsruhe, a trial for a man's attempted homicide of his spouse is underway once more. Originally, the court convicted him to serve 13 years and 6 months in prison in March 2023.
The court ascertained that the man pushed his wife, a mother of their four children, off the balcony of their apartment on the fourth floor in Pforzheim in June 2022. She plummeted to the balcony of the floor beneath, where he allegedly assaulted and choked her further. Prosecutors postulated their separation as the primary motive, with the defendant aiming to "reestablish family dignity." The defendant flatly denied the accusations.
Defendant points out procedural rights infringements
The Federal Court of Justice (BGH) overturned the ruling in March of this year, upon the defendant's appeal: He alleged a breach of the European Convention on Human Rights due to the indictment not being given to him, a basic German speaker, in written Turkish. A defendant can significantly impact the outcome of a trial only if they fully grasp the legal proceedings. A verbal translation of the indictment is acceptable in rare circumstances.
The BGH conceded the possibility that the decision might have been influenced by the defendant's lack of information. He offered contrasting accounts of the events in various aspects compared to the indictment.
According to the court, the trial is expected to conclude by the end of September with seven trial days, the sworn testimonies of 20 witnesses, and the input of 2 experts.
The defendant has submitted an appeal to the [The Court of First Instance], arguing that the retrial should be conducted in a language he is more familiar with to ensure fairness. Upon successful appeal, the retrial for the man's attempted homicide could potentially take place in a court more suited to his linguistic needs.
