Can the father be held responsible?

A 48-year-old man, currently on trial in Bremen, Germany, is accused of murdering his seven-year-old son in September 2023. The defendant, who appeared in a dark suit and white shirt accompanied by a translator, has a history of psychiatric treatment since 2015.

The tragic incident occurred during the weekend the defendant spent with his son. The child died at the scene due to multiple stab wounds inflicted with a kitchen knife. The defendant admitted to killing his son, stating that he did so to spare him a life of drug addiction, as he believed his ex-wife's new partner was involved with drugs.

Before the murder, the defendant gave his son dissolved sleeping pills in an iced tea. After the crime, the defendant attempted to take his own life.

The defendant's ex-wife, the mother of the child, is a co-plaintiff in the trial and appeared composed. She will be questioned again as a witness at a later date. The defendant's ex-wife's new partner was not involved in the case.

In the first trial, the defendant was diagnosed with a moderate depression with a schizoaffective disorder. There were indications of "organic brain components" in the defendant. The Bremen Regional Court sentenced the defendant to a 13-year prison sentence in April 2024.

However, the Federal Court of Justice (BGH) partially reversed the decision of the Bremen Regional Court, stating that the reasoning for the reduced guilt was not sufficiently explained. As a result, a new trial is necessary.

If the defendant is found partially guilty again, he may still be placed in a psychiatric clinic instead of prison. It is important to note that the defendant has been in psychiatric treatment since 2015.

The outcome of this trial will have significant implications for the defendant's future and the justice system's approach to cases involving mental health. The trial continues, with the defendant's fate hanging in the balance.