Christa P. case

Uproar over “lenient sentence”: an explanation

Christa P. died in October '23, was found in June '24 - the perpetrator had just been sentenced for other offenses.

(Bild: markus wenzel)

The man from Linz who left Christa P. (54) to die and bury her was given an additional six months in prison. But he has to serve a total of two years in prison. This is causing confusion. The "Krone" asked when these additional sentences are due and when they are not.

"If a minister is threatened, it costs 8,000 euros. If someone abandons a person and lets them die and then buries them, then nothing"; "Is a human life really worth nothing? Every chicken thief gets a higher sentence!" - After the verdict against the 44-year-old man from Linz, who admitted that Christa P. died in his apartment and then buried her, there is massive discussion on social media about the sentencing.

Two thirds of the maximum sentence
The judge had imposed a six-month additional sentence. This is in addition to an 18-month prison sentence that was handed down in June for other offenses - making a total of 24 months or two thirds of the possible three years in prison for stabbing an injured person.

Act before or after the last verdict
As there is confusion about the additional sentence, the "Krone" asked the Vice President of the Linz Regional Court, Walter Eichinger, for an explanation. "If an offense becomes known that could have been tried at an earlier trial, the judge must formulate an overall sentence." This means that if an offense occurred before another trial against the perpetrator but was not known at the time, the judge must later act as if he is trying everything. In the case of Christa P., the judge therefore had to pass an overall sentence - as if the theft and drug offense that had already been convicted were also being tried. This sentence was 24 months - minus the 18 months already imposed, six months remain.

The decisive factor is whether an offense was committed before the offender's last conviction. If so, the judge must take this judgment into account.

Walter Eichinger, Sprecher Landesgericht Linz

Legalese for consideration
If the Linzer had committed the crime after his conviction in June, there would have been a completely new trial and a verdict without reference - in legalese, consideration - to another verdict.

Three days to think about it without a lawyer
On Friday, three days after the verdict, the 44-year-old will have to announce whether he will accept the sentence. He appeared at the trial without a lawyer and therefore has three days to think about it. Then only the public prosecutor's office can appeal - if they fail to do so, the verdict becomes legally binding and the prison sentence must be served.