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Psychiatric institute sentence upheld in murder case
By Rana Husseini - Nov 20,2019 - Last updated at Nov 20,2019
AMMAN — The Court of Cassation has upheld an April Criminal Court sentence giving an Iraqi man an “indefinite” amount of time at the National Institute of Psychiatric Medicine (NIPM) for murdering a shop owner in March 2015.
The court had declared the defendant guilty of the manslaughter of the 57-year-old victim on March 25 but decided to send him to the NIPM after establishing that he suffered from mental problems and was being treated at the NIPM for schizophrenia.
Court papers said the defendant, who briefly worked at the victim’s shop, began experiencing mental illusions about his employer due to his schizophrenia, and decided to kill him.
On the day of the murder, the court maintained, the defendant bought a hooded sweatshirt and a knife and followed the defendant home from work.
“While the victim was entering his building, the defendant jumped on him and stabbed him 34 times in the neck and chest,” court documents said.
The Criminal Court had summoned two physicians from the NIPM, who examined the defendant after he was arrested, court documents said.
“The physicians testified that the defendant was suffering from schizophrenia at the time of the examination; and this illness causes him to hallucinate and not think properly,” the court papers said.
The physicians further testified that the defendant “was also suffering from schizophrenia when he committed the murder”, according to court papers.
Based on the three physicians’ testimony, the Criminal Court decided to sentence him to spend the necessary time at the medical facility.
“The court ruled that the defendant poses a threat to society because of his mental condition and that he should remain at the NIPM until it is proven that he is mentally stable,” the court said.
The Criminal Court’s attorney general contested the ruling, arguing that he should be sentenced for manslaughter and not sent to a government mental facility.
However, the higher court ruled that the Criminal Court proceedings were accurate and that the defendant was given the appropriate punishment.
The Cassation Court bench comprised judges Mohammad Ibrahim, Yassin Abdullat, Majed Azab, Bassem Mubeidin and Naji Zu’bi.
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