The sentence: 18 years in prison, fully suspended. To shed light on this unusual outcome, our colleagues from RTL.lu spoke with the defendant’s lawyer.
In May 2021, a 36-year-old woman took the life of her 44-year-old brother in their mother’s Schifflange residence, stabbing him five times in the back amid a heated argument. The verdict of 18 years, fully suspended, in the manslaughter case has sparked numerous questions. Why such an extended probation period? And why does someone who took a life not face incarceration?
Philippe Stroesser, the defendant’s lawyer, provides insight into this unusual decision: “I think it’s an extraordinary decision because it’s an extraordinary case.” While the judgment may seem perplexing to those unaware of the full story, Stroesser contends that it becomes more comprehensible with a thorough understanding of the unique circumstances surrounding the case.
According to the lawyer, the judges took into account extensive mitigating circumstances, linking the verdict to both his client’s personality and, to a certain extent, that of the victim.
Stroesser highlights a notable reversal of roles in this case compared to other homicide trials, where “the good person stood before the judge.” The defendant, a woman with no prior involvement with the justice system, is in a relationship, has a child, and has consistently been employed. Investigating the accused’s social circle revealed a positive profile, depicting her as a non-confrontational, sensitive individual always ready to help others.
In stark contrast, the victim, the defendant’s brother, exhibited a troubled history. A drug addict and alcoholic prone to physical violence against women, he had even been aggressive toward his mother, with whom he had lived until his death.
The initial verdict, already atypical, handed down 18 years’ imprisonment, 13 of which were suspended. However, considering further unique circumstances, the sentence has now been entirely suspended. “The judges considered that my client should not be deprived of her freedom by going to prison,” Stroesser explains. Objectively speaking, the aim of a prison system is to both protect society and punish individuals. According to Stroesser, there was no need to protect society in this case and the accused had already been punished by spending five months in pre-trial detention.
A fully suspended sentence implies that the person concerned must not commit any offence in the coming years that would result in a prison sentence. If they did, they would have to serve both the new sentence and the 18 years in prison. In addition, Stroesser notes that there are also legal restrictions, including exercising the right to vote and restrictions on professional opportunities.
In court, the defendant openly acknowledged her actions. “What happened is something I will never forget in my life,” she said at her second trial. The recent verdict left her speechless, and she tearfully thanked the judges before reuniting with her family, who attended the hearing.
