Laser pointer test: Most acquittals of 35-year-old Germans

Laser pointer test: Most acquittals of 35-year-old Germans

At a short hearing, the 35-year-old German was sentenced to a conditional fine. In February 2021, a man aimed a laser pointer at the Swiss Air Force Super Puma and, according to the indictment, shone on a helicopter for about two minutes. Two pilots reported it to the police.

The accused confessed. During the court hearing, he declined to comment on the incident. The man only jokingly replied whether he was in debt “after the trial”.

Most of his defenders demanded acquittals, in particular for attempted serious bodily harm, attempting to disrupt public transport, and attempting to disrupt military operations.

The airspace has been closed

The defense attorney argued that his client had acted without malicious intent and that he “had no head at the time.” In addition, the man suffered from a blockage during the crown pandemic. He did not want to get injured. “Fortunately, the use of the laser had no consequences,” said the lawyer.

He should also be acquitted of disrupting public transport. At the time of the blinding, the airspace was closed to the helicopter and therefore inaccessible, according to the defense lawyer.

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Laser found in ex

He did not know that the laser pointer was prohibited. It was always in his ex-girlfriend’s bag, which he still had with him. “The accused did not act with gross negligence,” said the defense attorney. Due to the blockade, he was socially isolated. “The mental stress was very great.” This is not an excuse, but an explanation. “The act was a mistake,” said the defense attorney.

The prosecutor’s office did not take part in the hearing

As the prosecution had obtained a dispensation, the sentence was announced after half an hour’s reflection. A single judge acquitted the man of attempted grievous bodily harm, attempted disruption to public transport, and attempted disruption of military operations. There was only one conviction for violating the Federal Non-Ionizing Radiation and Noise Protection Act (NISSG).

No reference to the country

The court sentenced the man to a conditional sentence of 20 daily wages of 120 francs, and the country was not expelled. He must also pay a quarter of the costs of the proceedings.

He acted thoughtlessly

Attempting to inflict physical harm could not be appropriate, “because you acted thoughtlessly,” the judge said in the verdict. Attempting to disrupt public transport and attempting to disrupt military service is also not punishable because the man did not act consciously.

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However, he accepted that the laser pointer he had was a punishable offense. “You were aware it was in a laptop bag,” said the judge. The defect was assessed as minor. “In this process, you showed insight and remorse. Therefore, the sentence is conditional – says the judge. There was no expulsion from the country as it was not a catalog penalty. The judgment may be appealed against.

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