Trial in Graz

Why a heroin dealer faces 20 years in prison

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05.06.2024 06:00

An Afghan man stood trial in Graz for drug trafficking and illegal handling of drugs. In just three months, the 38-year-old, who has several previous convictions, is said to have sold three kilograms of heroin and crystal meth: "What I saw in my home country changed me"

"It is well known that these are the most addictive drugs, and that should not be ignored," emphasized the public prosecutor with regard to the defendant's confession of responsibility. "A confession can't be any more remorseful, please," countered defense lawyer Michael Reichenvater.

"Does not deserve a golden shirt"
The Afghan had handed over 390 grams to an undercover investigator and was caught. "My client then confessed to trafficking three kilograms. He could have kept quiet. And he certainly didn't earn a golden shirt, but financed his addiction and his livelihood. Only the Serbian backers in Vienna made money."

"Why are you in court for the fourth time today?" Judge Andreas Rom wants to know from the defendant. Grand theft, coercion, damage to property and drug dealing have been on his agenda so far. "It's all connected to my drug addiction," explains the 38-year-old. He came to Austria from Iran with his wife in 2005. They are now separated and he has not seen their nine-year-old daughter for years.

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I saw things in Iran that changed me. I was aggressive and depressed. The drugs calmed me down.

Der Angeklagte

Job placement in prison
He was already addicted as an eleven-year-old. "I saw things in my home country that changed me." He was aggressive and depressed. The drugs calmed him down. He was only released in September 2023.

"In prison, I met an old Serb who left me a number in case I was interested in drug dealing." Rome: "So a job placement service in prison?" - "Yes, exactly." - "But you do know that you are partly responsible if someone dies from the heroin?" the judge emphasizes. "And you obviously didn't care about that."

Almost 50,000 euros squandered
He made almost 50,000 euros from the drug deals in the three months leading up to his arrest. "But I had almost nothing left." When asked whether he still owed the Serbian backers money, the accused nods and looks down. Allegedly 9000 euros. There had therefore been no demands yet. "That's to be feared at the latest when the sentence is enforced," estimates the defense lawyer.

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You have to protect the general public. Especially with heroin. Just one gram can plunge a person into misery.

Die Staatsanwältin

"I am highly gifted"
"If I had a perspective, I would go for it. I'm highly talented," says the Afghan. He is a tailor, bag maker, bricklayer and iron bender. Because of his asylum status, he would never have had a chance to work.

Nonetheless, the public prosecutor emphasizes once again at the end that the general public must be protected, especially in the case of heroin. "Just one gram can bring disaster to a person." Because of his previous convictions - especially in relation to drugs - the sentence is increased, which raises the possible sentence to 20 years.

§ Section 39 StGB Aggravated sentence for recidivism

(1a) If the offender has already been sentenced to imprisonment twice for intentional criminal acts against life and limb, against liberty or against sexual integrity and self-determination, then if he commits another intentional criminal act against one of these legal interests after reaching the age of nineteen, the maximum penalty of the threatened prison sentence or fine is increased by half, but to a maximum of twenty years.

"Locking up doesn't help"
"Give me a chance to change my life," the Afghan asked the presiding judge and the lay judges. "Locking him up doesn't help, it makes everything worse." The jury's verdict: nine years in prison. The defense lawyer immediately filed an appeal for annulment and an appeal. The verdict is not final.

This article has been automatically translated,
read the original article here.

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