Judge in the Gersbeck trial: “Of course this is about a crime”

By Konstantin Marrach

The court ordered him to pay 40,000 euros to the Austrian state treasury. The sum settled Gersbeck straight to court, then the proceedings were stopped without conviction, but also without acquittal. Nevertheless, the judge emphasized that a crime had occurred here.

Judge Daniela Meniuk-Prossinger said in her closing statement: “Diversion is not a purchase of freedom! It is a measure provided for by law with a punitive nature.”

Marius Gersbeck admitted his guilt in court and apologized to the seriously injured victim: “I am truly sorry. And I hope you didn’t suffer any consequential damage.” Then the perpetrator and victim shook hands.

Gersbeck thereby admitted that the public prosecutor’s indictment and the police investigations, which BZ had reported on several times, were entirely accurate.

Accordingly, the keeper hit and kicked the victim in front of a residential building at night after a visit to the lake festival. 22-year-old Alois S. suffered a fracture of the eye socket, a fracture of the maxillary sinus wall and an eyelid hematoma and was on sick leave for several weeks after a hospital stay.

The judge emphasized: “Of course this is a crime that carries up to five years in prison.”

But: “The prerequisites for diversion are that you take responsibility. The guilt is reduced by the recognition of guilt, the clear past life of the 28-year-old defendant, the generous reparation to the victim that has already been made, and also the certain provocation by the victim.” Before Gersbeck’s momentous attack, there was said to be a verbal argument.

Finally, the judge said to Gersbeck: “You have already been suspended. I believe that the impression of this trial alone will deter you from doing something like this again. And paying the fine is also a punishment.”