New Manor Mazowiecki. They argued over firecrackers. Neighbor killed neighbor. There is a verdict

The District Court of Warsaw-Praga sentenced the 32-year-old to 10 years in prison. He was facing a life sentence because the prosecutor argued that the killing was motivated “deserving special condemnation”. However, the court did not agree with the investigators and eventually changed the qualification. Why?

The tragic event took place on the night of 30/31 December. The duty officer of the police station received information about a neighborly brawl in one of the apartments in Nowy Dwór Mazowiecki. During it, a 32-year-old man from Nowy Dwór took out a knife and stabbed the 42-year-old victim with it. Despite resuscitation efforts, the man could not be saved.

The prosecutor from Nowy Dwór Mazowiecki then determined that the 32-year-old and his 35-year-old friend were shooting firecrackers from the balcony into the yard in front of the building. The victim caught their attention. The quarrel, which ended in the death of the 42-year-old, took place on the threshold of the suspect’s apartment. The 32-year-old and his friend were immediately arrested, both under the influence of alcohol.

The 32-year-old was charged with committing homicide with motives deserving particular condemnation, for which he was sentenced to life imprisonment. During the autopsy, it was found that the victim was stabbed twice – in the chest and back. The mortal was the one after which the knife reached the area of ​​the heart.

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During the interrogation in the prosecutor’s office, he claimed that he used the knife because he had to defend himself from the victim. The 35-year-old prosecutor charged him with aiding and abetting to avoid criminal liability. According to prosecutor Katarzyna Skrzeczkowska, spokeswoman for the Warsaw-Praga District Prosecutor’s Office, the man was supposed to present a false course of events to the ambulance dispatcher and divert suspicion from the real culprit.

However, the court of first instance changed the qualification of the act and sentenced the accused for murder “with possible intent” to ten years in prison.

“In this case, on the basis of all the evidence collected, it should be stated that the accused committed the crime of murder with a possible basic type of intention. The above is supported by the fact that his main intention was not to lead to the death of the victim, but only to repel the “attack” in accordance with the him as a line of defense. The defendant acted with a possible intention. There is no evidence to support the assumption that the defendant, opening the door of the apartment, had the intention of committing murder. Yes, he was aimed at confronting the neighbor, but the victim also walked towards him with such an intention. He grabbed the knife at the moment when the victim pressed on him and hit him in the face. So the intention was the intention resulting from the development of the situation. However, it cannot be considered that the accused did not realize and did not foresee the possibility of taking the life of the victim at the moment of reaching for the knife “- we read in the justification of the judgment .

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The judgment is invalid. As Remigiusz Krynke from the Warsaw-Praga District Prosecutor’s Office told us, the investigators plan to appeal.