Dog drama

No day in prison for fatal bites upsets many readers

The crime scene in Naarn, where mourners brought candles and flowers

(Bild: Kerschbaummayr Werner)

(Bild: Dostal Harald)

"This sentence is just enough for a small dog bite with a scratch that needs to be treated with a plaster. But certainly not for a mauled jogger with fatal consequences" - or "Our jurisdiction is a joke......and a mockery for the victims": Our report on the dog owner from Naarn generated hundreds of comments on krone.at.

As reported, the 38-year-old was sentenced to 15 months in prison, five months of which were unconditional, for involuntary manslaughter at the Linz Regional Court at the beginning of March. As has now become known, however, the woman from Mühlviertel did not have to go to prison. Her prison sentence was commuted to a fine of 1800 euros. This corresponds to 300 daily rates, which were set at six euros each.

But why? 
 After the verdict, her dog liability insurance paid 40,000 euros in compensation to the relatives of the jogger Herta A. (60) who was killed. Defense lawyer Philipp Wohlmacher subsequently applied for the sentence to be reduced. The public prosecutor's office also had no objections, according to Walter Eichinger, spokesman for the Linz regional court.

Two duties of care
"In itself, the payment would have been a significant mitigating factor at the trial, but the insurance company still needed time, which is why I subsequently applied for this payment as a mitigating factor," says defense lawyer Philipp Wohlmacher. "My client has two caring responsibilities, i.e. children, she is still on sick leave and has little income."

§ Section 19 StGB fines

1) The fine is to be calculated in daily rates. It shall be at least two daily rates.

(2) The daily rate shall be assessed according to the personal circumstances and the economic capacity of the offender at the time of the judgment of first instance. However, the daily rate shall be set at a minimum of EUR 4 and a maximum of EUR 5,000.

(3) In the event that the fine cannot be collected, a substitute custodial sentence shall be imposed. One day of substitute imprisonment corresponds to two daily rates.

Convicted woman still undergoing trauma rehab
The 38-year-old still has to undergo trauma rehab. According to Wohlmacher, she wrote her two statements on Facebook on the advice of her doctors, but no further postings are to follow.