This week, the trial was held against the 22-year-old man who stabbed two attackers to death in his home. As a rule, it is not punishable to accidentally kill someone in an emergency – but since the man had previously had contact with the attackers in a criminal context, he can still be sentenced, says Leif GW Persson. – The courts are sensitive to such things, says Leif GW Persson. On the night of September 14, two people broke into the 22-year-old’s home, while three people stood outside the door. According to the concept of emergency defence, you have the right to defend yourself on such an occasion. But the law also says that you may not use more force than the situation requires. Criminal context The 22-year-old is also charged with drug offences. And Leif GW Persson tells us that the burglary is in the past with criminal contacts between the 22-year-old and the attackers. Even if he should have the right to emergency protection, GW believes that it could be to the man’s disadvantage. – The law makes no exceptions, emergency protection also applies in the criminal context. But on the other hand, you notice that the courts are quite sensitive to such things, they take it into account anyway. Because somehow you shouldn’t end up there normally, says Leif GW Persson. – There are a number of similar cases where they have actually been convicted of murder, despite the fact that the person who used emergency protection would probably have died if they had not done so. It shows the difference between the legislation formally and its application. “Will end up with a few years in prison” The defense claims that he acted in self-defence, but that due to stress he used excessive force. The prosecutor first charged the 22-year-old with murder, but now the charge has been supplemented with manslaughter. – That’s probably where you will end up, either in murder or extremely serious assault and causing the death of another. So a few years in the fink it will certainly stop. See GW’s reasoning in the player above.
t4-general
Criminal connections can influence judgment: “It’s in his pocket”
