Disaster Why Is It Neither Murder Nor Manslaughter To Kick A Man To Death? - Germany: Moroccan Ossama D. (17) and Tunisian Ahmed A. (18) are being prosecuted, but...

Another translation by yours truly for the A&N audience. This time from a mainstream media source [A]

Court proceedings at the state court in Paderborn (NRW): Martin K. (30) has been kicked to death​

Moroccan (17) and Tunisian (18 ) are in court, but​

Why is it neither murder nor manslaughter to kick a man to death?​

The two defendants hide behind folders
Photo: Christian Müller

Author Charlotte Mahncke; 21.10.2024 - 18:02 o'clock

Paderborn - They punched Martin K. until he was on the ground - then kept kicking his head over and over again. Shortly afterwards, the 30 year old died in hospital. Now, the teenagers Ahmed A. (18 ) and Ossama D. (17) from Paderborn are being sued.

On Monday morning, the mammoth lawsuit surrounding the death of Martin K. started at the state court in Paderborn (NRW). The first day of proceedings at the young offenders' court ended within a few minutes.


The Tunisian Ahmed A. (18 ) and the Moroccan Ossama D. (17) are being prosecuted at the state court in Paderborn
Photo: NRW police

Lack of probable cause​

Unlike first intended by the prosecution, the Tunisian (18 ) and the Moroccan (17) are NOT being tried for collaborative manslaughter. For that, there is a lack of probable cause, the chamber determined in their opening resolution.


The head judge, Nicole Klein, rejected probable cause in the opening resolution of the chamber
Photo: Christian Müller

"They accepted the possibility of death"​

The two youths allegedly attacked Martin in the night of May 1 2024 in front of a kiosk in downtown Paderborn.

According to the prosecution, Ahmed A. punched Martin in the face thrice without a reason until the latter fell to the ground and hit the tarmac with his head. Ossama D. then allegedly jumped on Martin's face before both defendants kicked him again once each.

"In doing so, they accepted the possibility of their victim's death", prosecutor Washkies explains.

The evidence is insufficient​

A prosecution for murder was not possible because none of the signs for murder, such as intent to kill, avarice, or other base motives were present.

However, because the evidence is insufficient and an intent to kill is not unambiguously provable, Ossama D. is being tried for attempted manslaughter in concomitance with aggravated battery. Ahmed A. is merely tried for aggravated battery.


The defendant Moroccan Ossama D. (17) with his defense attorneys
Photo: Christian Müller

Two days after the assault, Martin died in hospital from brain hemorrhages. "At least the violence of the defendants is a contributory cause", the prosecutor said. Doctors determined 2.99 per mille of alcohol in his blood.


Martin K. (30) died of a brain hemorrhage in hospital after the attack
Photo: Stefano Laura

In his head, a previously undiscovered aneurysm burst. Whether it was caused by the punch or hitting the tarmac is no longer determinable by the forensics.

For the second of a total of 14 trial days, the hearing of three witnesses is scheduled. Martin's brother, who is a joint plaintiff, will also make a statement.

To BILD, the defense attorneys of both defendants announced their intent to make a defense statement.

 

[Megaton Punch]

Germany and England are two countries I will likely never visit in my lifetime. They've been conquered and are unsafe for a white person to visit.

It's a shame.

 

[wtfNeedSignUp]

Once two tier policing sets in, I see no sane reason not to burn down the system no matter who dies in the process. You aren't smart, you are a coward that will be jailed and/or killed the moment anyone (including your children) discovers you hold the wrong thought.

 

[Meat Target]

All good Muslims know that beatings cure disorders.

 

[Dr. Butt]

Because it's funny.

 

[World Famous Quasi Payer]

The head judge, Nicole Klein, rejected probable cause in the opening resolution of the chamber

Women's rights were a mistake.

 

[MrJokerRager]

All good Muslims know that beatings cure disorders.

The Muslim world has the death penalty on the books.

And the police forces in these countries, let's just say their brutality makes the LAPD look very tame.

And the lucky ones that make it to a judge, unless they rich or related to the king or dictator, they fucked.

Edit: For all these subhumans that been imported post death of Gaddaffi at large, this is basically Disneyland for them. I am convinced a judge in Morocco would at minimum have them thrown in prison with hellish conditions.

 

[Otterly]

It’s not murder to kick a man to death? Well let me re-assess those metal tipped Red or Dead kitten heel stiletto boots I have then…. I’m allowed to go kicking people to death with them am I?
Oh no of course I’m not. Only the diversity is . If you’ve got someone on the floor and you kick them in the head, you’re going to run a high risk of killing. What on earth is this judge’s justification for this not being probable cause??

 

[TheArtilleryman]

In his head, a previously undiscovered aneurysm burst. Whether it was caused by the punch or hitting the tarmac is no longer determinable by the forensics.

This might be the logic they're using to argue that it's not murder or manslaughter. Those future astronauts couldn't have possibly known he had an aneurysm, they simply intended to rough him up, then the aneurysm killed him? I don't know, I ain't no lawyer.

It's still fucking bullshit anyway, I'm not trying to defend it, I'm just trying to understand how anyone involved can justify it to themselves.

 

[Cardef1121]

Maybe murder and manslaughter have different definitions in German but from what I understand: Manslaughter is used when you perform an action that you could not foresee causing the death of an individual; and someone dies. While murder is used when you do something to someone that 'any reasonable person' understands could be fatal; and they die.

So, the court is suggesting that no one could foresee kicking a targeted individual in the head could be fatal and, apparently, that the dead victim didn't die because the charge is attempted manslaughter?

There is clear malice in these decisions.

 

[GNU Abyss]

Is one of the defense attorneys for these sandniggers literally a female E.T.? The first picture caught me by suprise, fucking hell.

 

[caonima]

Germany and England are two countries I will likely never visit in my lifetime. They've been conquered and are unsafe for a white person to visit.

It's a shame.

Imagine being this much of a pussy that you're scared to visit two 80+% white countries because of a few arabs

 

[TexasRanger]

The Muslim world has the death penalty on the books.

And the police forces in these countries, let's just say their brutality makes the LAPD look very tame.

And the lucky ones that make it to a judge, unless they rich or related to the king or dictator, they fucked.

Edit: For all these subhumans that been imported post death of Gaddaffi at large, this is basically Disneyland for them. I am convinced a judge in Morocco would at minimum have them thrown in prison with hellish conditions.

The Muslim world, apart from shitholes such as Mullah Iran or Saudi, is more or less death penalty free.

Marroco is de facto abolitionist, with the King handing down commutations regularily:

https://www.ecpm.org/en/peine-de-mort-maroc-2023/

As to German police: from my own experiences back in Europe, they would not survive 2 days in i.e Chicago. They are just to polite and nice (Perfect for Germans/Europeans of course)

As to Marrocan prisons-I am sure they would have a very hard time there and rightfully so.

 

[Hitman One]

I'm surprised that Germany does not have the rule which exists in many countries, which is that you take your victim as you find them. In short, while you might not know the guy has an aneurism waiting to burst, that isn't a defence to manslaughter if you punch him and he dies upon hitting the deck.

 

[XL xQgg?QcQCaTYDMjqoDnYpG]

I'm surprised that Germany does not have the rule which exists in many countries, which is that you take your victim as you find them. In short, while you might not know the guy has an aneurism waiting to burst, that isn't a defence to manslaughter if you punch him and he dies upon hitting the deck.

There was a similar case within the past couple of years, I remember a lot of debate around this. One great point I recall is "criminals aren't entitled to healthy victims"

 

[Smegward]

that judge deserves no peace in her life

 

[SSj_Ness (Yiffed)]

The only choice aside from fighting is to flee to whiter areas until none remain and/or it's illegal to do so.

 

[VargReallyDidNothingWrong]

Absolutely insane.

 

[Fruttasecca]

I hate women.

 

[Pampered Degenerate]

I'm surprised that Germany does not have the rule which exists in many countries, which is that you take your victim as you find them. In short, while you might not know the guy has an aneurism waiting to burst, that isn't a defence to manslaughter if you punch him and he dies upon hitting the deck.

It's called the eggshell skull rule: https://en.m.wikipedia.org/wiki/Eggshell_skull

'In criminal law, the general maxim is that the defendant must "take their victims as they find them", as echoed in the judgment of Lord Justice Lawton in R v. Blaue (1975), in which the defendant was held responsible for killing his victim, despite his contention that her refusal of a blood transfusion constituted an intervening act.'