The Nyíregyháza Tribunal sentenced the man to 1 year 2 months in prison for attempted homicide and 2 years’ probation.
The property of the 69-year-old defendant with no criminal record was broken into several times in 2020, and the investigations were unsuccessful. The man conducted current into the front door handle to prevent burglary. When he left his house, he turned on the doorknob by turning on the remote control after closing the door. The man glued a “STOP!” sign to the glazed part of the door. inscription and an orange buoy placed on the stairs leading to the door, but he did not warn of the danger of a specific electric shock.
In the afternoon of April 2021, two homeless men wanted to go into the man’s house, so the glass of the front door was broken, and then they wanted to smash the door with a hammer. One of the men touched the doorknob under the current, from which he suffered a minor electric shock. As they spotted the white cable running through the door, they fled the scene. The defendant notified the police in the evening, before which he disconnected the wires.
The man defended himself by saying that the sole purpose of property protection was not to kill someone. As the victim was neither injured nor tried or injured, the structure was not suitable for extinguishing life. He appealed against the verdict with his defense counsel, primarily for acquittal and secondly for mitigation. The county attorney’s office noted the verdict.
It cannot be a legitimate means of protection
The General Prosecutor’s Office of Debrecen pointed out in the appeal proceedings that it cannot be a means of legitimate protection against the threat of a fatal electric shock. In order to prevent an unlawful attack on the person or property of others, only a non – life-threatening means of protection may be used in which the defender has made every effort to ensure that the means of protection does not cause harm. The buoy on the stairs and the inscription on the front door were not suitable for warning of the danger of electric shock. As the man has settled for the possibility of a fatal injury, he is held criminally liable for attempting to commit murder. In view of his old age, his impunity, and his illness, the tribunal have decided to impose a moderate sentence for which there is no legal basis for further relief.
In the second instance procedure, the Debrecen Judgment Board decides.