"Muzzling the enemy"

Violent explosion almost cost tobacconist his life

The 21-year-old Viennese at his second trial.(Bild: Martin Jöchl, Krone KREATIV)

In January 2023, a 21-year-old beat up a tobacconist for no reason at all - until he collapsed to the ground in the subway. The young man then hit the victim several times in the face with full force. The Vienna Regional Court has now decided on his sentence again. It remains a long prison sentence and accommodation. 

"It was an attempt to destroy the other person. To silence the enemy. He used the maximum force that can be used without a weapon. It's about destroying the other person" - the assessment of court expert Peter Hofmann at the first trial. The 21-year-old in question is an intensive offender with an explosive, emotionally unstable personality disorder.

Kicked in the head with full force
Which manifested itself more than clearly in the accused acts. Just because a 62-year-old man asked him not to sit so wide-legged in the Vienna subway, the accused beat him almost to death on January 4. He fell to the ground unconscious after the first punch to the face. And yet the young man did not let go of the victim. Instead, he held on to the handrails, gained momentum and hit the 62-year-old in the face several times.

Although my client is aware of the extent of his actions, he was unable to understand the prison sentence imposed. However, he is happy that he can now start the psychotherapy in prison that is so important to him.

Verteidiger Lukas Hruby (Kanzlei Arbacher-Stöger)

Bild: Martin Jöchl

15 years in prison and placement in a therapy center
At the end of August 2023, the young man was therefore sentenced to 15 years in prison for attempted murder - he also injured three other men for no apparent reason. Because court psychiatrist Hofmann attested that he was highly dangerous, he was also placed in a forensic therapy center. However, because there was an error in the verdict, a jury court must now decide on the sentence again - the guilt is undisputed.

In view of the extraordinary violence, however, the new trial will not change the outcome: the 15-year prison sentence remains in place and he will also be accommodated. Because nothing has changed in terms of the defendant's dangerousness.

Defense lawyer Lukas Hruby (Arbacher-Stöger law firm) after the verdict: "Although my client is aware of the extent of his actions, he was unable to understand the prison sentence imposed. However, he is happy to now be able to start the psychotherapy in prison that is important for him." Which, according to court psychiatrist Hofmann, he urgently needs. 

Victim still uses the subway every day
The tobacconist is still haunted by the terrible explosion of violence: "I take the subway almost every day. The journey takes 35 seconds. That's when it happened. When there are a lot of people on the subway, I feel a deep sense of unease."