Prison guard attackProsecutor recommends upholding prison sentences and fines in Court of Appeals

RTL Today
The sentence for two inmates is under review in the Court of Appeals. The trial surrounds an altercation between two prisoners and prison guards in April 2018.

In December 2018, both men were sentenced to respective 12-month and 6-month prison sentences, alongside €1,000 fines. One of the guards, who was injured, won damages of €2,500. In the appeal trial, the prosecutor maintained that the first verdict was quite appropriate. One of the defendants had attacked the first guard and punched the other, and the second defendant had jumped on the second guard.

On Friday morning, the defendant given the higher sentence admitted that he had been the one to throw the first punch and told the court he was drunk. He also claimed the other defendant had not caused any harm. The second defendant corroborated the first's story, explaining he had wanted to separate the prisoner and the guard, and keep the other prisoner off the guard.

In light of the new revelations, the defence lawyers argued for lighter sentences, with the main defendant's lawyer arguing he should either only be fined or receive a prison sentence of no more than six months. The lawyer added that the sentence could become community work. The defendant believed his version of events had not been heard by the court, maintaining he had only hit the guard once, not up to three times. The other defence lawyer requested his client only be fined, highlighting he had attempted to stop the altercation. The lawyer reminded the court that three prison guards had not confirmed that he threw punches.

The prison guard's lawyer reiterated the prosecutor's request to confirm the first verdict. The court will come to its decision on 14 January.

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