The Court of Appeal in Bialystok upheld the sentence of 15 years in prison for a resident of Giżycko (Warmińsko-Mazurskie Voivodship), who allegedly beat and then strangled his mother. The woman’s body was not found until four days later. According to investigators, the man wrapped them in foil and put them in a bathtub. The decision is final.
On Tuesday (March 28), a judgment was passed before the Court of Appeal in Białystok in the case of a resident of Giżycko, who is accused of murdering his mother and of physically and mentally abusing her. The sentence imposed at first instance, i.e. 15 years in prison, was upheld.
The judgment is final. The prosecution wanted a harsher sentence – 25 years in prison, and the defense wanted an acquittal or a lighter sentence. The accused himself demanded that the sentence be set aside and the trial be restarted.
They were both drunk
The murder took place in August 2021 in one of the apartments in Giżycko. According to the findings of the investigation, the defendant was sometimes aggressive, started fights at home after drinking alcohol, and used mental and physical violence against his mother. On the night of the murder, the mother and son were alone at home, both intoxicated. The accused – as established by the prosecutor’s office – first beat the mother and then strangled her.
According to the investigators, the accused went to sleep after committing the crime, and the next day he did not inform anyone about the woman’s death. Instead, according to the prosecution, he wrapped the woman’s body in painter’s foil, then put it in the bathtub and covered it with a pile of things. The prosecutor’s office charged him with insulting the corpse. It was only four days after the crime that the police received a telephone report that there may be a corpse of a woman murdered by her son in this apartment, in the bathroom.
He said he didn’t remember what happened
In May last year, before the District Court in Olsztyn, which settled the case in the first instanceThe accused explained that he had no recollection of what had happened the previous evening. He also denied that he physically abused his mother. In the first instance, he was sentenced to 15 years in prison. The court assumed that the perpetrator acted with the direct intention of murder, and considered the previous clean criminal record of the accused as a mitigating circumstance.
The Court of Appeal in Białystok upheld the total sentence of 15 years in prison. However, he withdrew the charge of insulting (desecrating) the corpse of the accused’s mother and concluded that it was only an offense that he “renounced the activities related to the burial”. Therefore, the court did not impose a penalty for this.
According to the court, the evidence is clear
– The evidence collected in the case (…) clearly shows that no one else but the accused is the perpetrator of the murder of his mother – judge Brandeta Hryniewicka said justifying the verdict.
She recalled that the man confessed to his father right after the crime. The judge said that this tragedy was influenced by the previous situation at home, conflicts between mother and son, abuse and alcohol abuse.
Among the important circumstances affecting the relationship in this family, the court included the trauma of both of them related to the tragic death of the second son – the accused’s brother, who was beaten to death.
“They both blamed each other for the death, which led to them drinking alcohol and arguing. Undoubtedly, the situation was getting worse, which the mother also wrote about on Facebook. What she shared with other people who, like her, were in a situation after the loss of a child, indicates that she suffered a lot, but also that the accused suffered a lot after the death of her brother. However, this did not stop him from attacking his mother – the judge indicated in the oral justification.
The man had no previous convictions
The court found that there was no reason to increase or decrease the penalty. Judge Hryniewicka pointed out that the perpetrator had not been punished before and was not demoralized to such an extent that it would require an elimination penalty, i.e. 25 years in prison.
The court also took into account the situation of the family and the perpetrator’s remorse, but found no grounds to mitigate the penalty in a situation where the murder of a loved one was involved.
Main photo source: TVN24