this post was submitted on 11 Nov 2023
192 points (94.0% liked)
Ukraine
8315 readers
1099 users here now
News and discussion related to Ukraine
*Sympathy for enemy combatants is prohibited.
*No content depicting extreme violence or gore.
*Posts containing combat footage should include [Combat] in title
*Combat videos containing any footage of a visible human must be flagged NSFW
Server Rules
- Remember the human! (no harassment, threats, etc.)
- No racism or other discrimination
- No Nazis, QAnon or similar
- No porn
- No ads or spam (includes charities)
- No content against Finnish law
Donate to support Ukraine's Defense
Donate to support Humanitarian Aid
founded 2 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
I'm sorry, I've completely lost your train of thought. You began with legitimizing manslaughter as a reasonable action. If the thieves face death as a consequence of their crime, why would they care about the consequences of murder?
Certainly a German court would not rule in favor of chasing down the perpetrators after the fact and killing them with a deadly weapon? I cannot speak for Germany, but it's clear from the verdict in Turkey that this didn't fly, and similar cases in the Netherlands didn't side with use of deadly force, either.
Sure, I'll pay the money. Where do I transfer it to in order to bring these to individuals back to life and face a punishment proportional to the crime?
Manslaughter requires intent to kill, or, in certain circumstances, negligence (e.g. a construction worker responsible for securing a worksite not securing a worksite). Are you implying that he intended to kill the robbers? That he would have run them over regardless of whether they had his money or not? That he chose this approach over other suitable means because it was maximally lethal? Can you think of a less dangerous way he could've gotten his money back? How likely was it even in the first place that the robbers would die, instead of spend a couple of weeks in the hospital? Is it reasonable to demand that the victim take into account that the aggressors might be maximally unlucky? What if he had chased on foot, punched them in the face, they fell to the ground, cracking their skulls? (Punches to the face indeed are very dangerous as unconscious people don't have brace reflexes).
It's not "after the fact": They still had the money hence the offence to his person was ongoing, it was also in direct connection to the start of the offence, that is, days didn't pass and he didn't have opportunity to contact police in the meantime. Had he continued the chase after they dropped the money (which they didn't) he would've been in the wrong, that indeed would be vigilantism.
From what I can tell he wasn't sentenced, at least not yet. He was arrested, and also in Germany the whole thing would definitely be brought before court.
You invent a time machine and travel back in time.
"Manslaughter is the act of killing another human being without malice. It is a general intent crime that is distinct from murder because it requires less culpability." (source)
If we're in the business of creating hypotheticals, would you still stand by your approval if an innocent bystander was killed in the reckless chase? What if the Ukrainian was killed in the exchange of gunfire instead?
Again, what is the value of a human life? Should he have risked his life for €36,000? How about €36?
I understand that you can relate to the victim of the robbery, because so can I. My only position is that we should at any cost avoid endangering one another (or worse) over material things.
The chase wasn't reckless but in any case that's generally negligent manslaughter.
Robbery resulting in death, ten years to life. Usually on the life end of the scale, there's also the possibility to convict them of straight murder but that needs more work establishing intent and whatnot.
(also murder isn't "malicious manslaughter" under German law but "manslaughter with base motive". The base motive, here, is greed).
That's not how this works, there's no ascribed value in German law because money and life aren't things that can be brought in relation to each other.
Yeah then maybe the robbers shouldn't do that don't you think?
I agree that we should leave these matters to systems of justice instead of taking them into our own hands.
I believe we are arguing the same thing from different angles. Let me be clear: I'm not arguing in favor of the actions of the Turkish men, but rather against the actions of the Ukrainian man. Both parties endangered themselves and others and the outcome is not something we should celebrate.
They lost the right to their life when they pulled a firearm and fired at the victim, hitting him.
Would it be fair to say that you are a proponent of capital punishment for armed robbery?
It wasn't that hard to follow the post or understand their logic, yet here you are, defying the odds.