Crime. the 68-year-old man who shot and killed two brothers in Vallåkra outside Helsingborg sentenced to four years in prison for manslaughter. The deadly violence was not justified, although he was threatened, consider the district court.
The two brothers in their 20s were armed with knives and metal pipes when they went to 68-year-old’s home and threatened to kill him in August last year. As they approached the man’s house and broke a window in the entrance door he drew his gun.
– I shoot, one right and one left, said the 68-year-old in the District Court of negotiations .
the District Court ruled in its judgment that the man has been in a self-defense situation, but that he used excessive graphic violence.
“the man’s actions, despite the fear has been controlled and deliberate. the court has therefore concluded that there was no question of excessive force,” said the alderman Karoline Fridolf, in a press release.
68 -year-old, in other words not been in such a shocking state that he can not take responsibility for their actions, and can therefore be convicted of the crime.
Not as in the US
According to judge Pia Johansson, former judge of the acclaimed Rödeby case, showing the judgment that there are clear limits to how much violence affected citizens have the right to use.
– You can not current law accept that exert deadly force, even if you get attacked quite serious. In the United States all have the right to shoot if you get attacked, but the system we have is not in Sweden, she said.
Prosecutors had demanded that 68-year-old would be sentenced for murder, while the defense wants him fully acquitted. Now the point most of that judgment will be appealed.
– It is very well motivated, up to the point where you do not accept 68-year-old opposition of excessive force, says lawyer Lars Kruse said.
Minor penalty
Although the man convicted of deliberately brought the two brothers of life is also the prosecution disappointed in what it considers to be a generous penalty discount.
– the minimum penalty for a case of homicide is six years in prison, and here it is about two cases. Spontaneously, I think we have done a far too large deductions, the punishment should have been longer, says Elofsson.
68-year-old must also pay damages of SEK 100 000 to the brothers’ parents.
FACTS
self-defense and self-defense excesses
self-defense
A person who is a victim of crime has been given the right to use force to defend themselves, without being punished for it. This applies even if the person defending a person who is attacked. It has no right to use the serious violence at any time, simply said, one can use the same type of violence can be exposed. Once the attack has been canceled also ends the right to self-defense.
excessive force
Although the leprosy use of force to defend himself, he can sometimes do so without being punished. Among other things, the leprosy perceive the situation as worse than it is, is difficult to come to themselves due to shock, or no time to think. It called for excessive force.
Source: Minilex.
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