24 horas? Isso é um dia inteiro!

24 horas, esse belo pasquim de mau jornalismo, brinda-nos hoje com mais um delicioso presentinho.

"Bélgica: 20 anos preso por roubo

Um polaco de 19 anos foi ontem condenado, na Bélgica por roubo violento de um leitor de mp3 a um outro adolescente, causando-lhe a morte. O jovem confessou o crime, mas alegou legítima defesa."

Lá fora a história deve direito a mais detalhes.

Brussels Central station killer goes on trial 16/09/2008 00:00
Adam G. went on trial on Monday for robbery with murder of 17-year-old Joe Van Holsbeeck.
16 September 2008
BRUSSELS
Adam G. went on trial at Assize Court in Brussels Monday for the stabbing murder of 17-year-old Joe Van Holsbeeck at Brussels Central station in April 2006.
The then 17-year-old polish teenager stabbed Van Holsbeeck while stealing his mp3 player at Brussels Central station.
Adam was accompanied by his friend, Mariusz O., 16. Adam had travelled to Belgium from Poland after getting into a fight with his parents about his gypsy girlfriend. He was looking for an apartment in Brussels for his girlfriend and him when he called his friend Mariusz based in Brussels for help.One day, the two youngsters were looking for potential victims to rob from when they spotted Van Holsbeeckand his friend Gil at the central station listening to the former's mp3 players. Adam and Mariusz approached the two boys and asked for directions. While Gil was giving the directions, Mariusz tried to grab the mp3 player from Joe who put up a fight. Adam stabbed Van Holsbeeck several times before they fled the scene. Police immediately launched an investigation and combed through hundreds of hours of footage from the security cameras at the central station. The breakthrough came 12 days later when pictures of the boys were shown to the various Francophone schools in Brussels. One of the teachers recognised Mariusz.Mariusz was arrested the same day and confessed to robbery. He claimed however that it was Adam who was responsible for the deadly knife stabs.When Adam was questioned, he confessed to the murder, but said he had no intention of killing Joe. He said that he got scared when Joe grabbed him and had pulled out his knife because he panicked. Psychiatrists who had questioned Adam conceded that this is possible.
On trial for robbery resulting in murder
A juvenile court judge had ruled earlier that Adam, 19, should be tried as an adult. Mariusz has been sentenced by the juvenile judge to stay in a closed youth institution until he is 20 years old.The judge ruled that he saw no sense in trying to rehabilitate Adam as he already has a criminal record and had been involved in theft and in violent robbery. Because Adam was a minor at the time of the murder, he will not be handed out a life sentence. He can be sentenced to jail for a maximum of 30 years.

The jury had 5 questions of guilt to answer:
is Adam G. guilty of theft,
did he have an accomplice,
did he use a weapon,
did that violence lead to the death of Joe Van Holsbeeck
and
did Adam intend to kill the victim.

There was no doubt about the answers to the first 4 questons: the jury found Adam G. guilty on all four counts.
On the fifth count of whether he intended to kill Joe Van Holsbeeck, the jury entered a verdict of 'not guilty'.
After more than 4 hours of deliberation the jury found the Polish youngster not guilty of murder. The jury members followed the defense in the reasoning that while Adam G. did kill Joe, he did not do so intentionally.

Sentenced to twenty years

On Tuesday evening the court sentenced Adam G to twenty years in prison. Adam G. was expected to serve his sentence in Poland, his home country.In that country he will have to serve at least half of his sentence in prison. This means that he could be freed within ten years.If Adam G. serves his sentence in Belgium he could be out of gaol after a third of the sentence is served. He has now indicated that he would prefer to serve his sentence here.His lawyers now intend to take the matter up with the judicial authorities.The court stressed the severity of the crime, but also took attenuating circumstances into account: his age, the fact that he comes from a different culture and that he has now expressed his regret.Earlier in the day the victim's parents voiced their disappointment at the verdict. They added that they hoped Adam G. would be put away for long enough so that the safety of other people is not endangered.
Adam G.'s lawyer was satisfied with the sentence. He said it was a severe one, but that it took account of the cruelty and aggression of the acts.

In a final statement in court Adam G. expressed his remorse. He said he did not mean to kill Joe, "I would give my life to give Joe his back."He asked forgiveness from Joe's parents and brother, and also from Gil, the friend who was with Joe when he was killed, and Gil's parents.Because Adam was a minor at the time of the murder, he will not get a life sentence.

Adam G. stood trial alone

Adam G. was on trial alone. The juvenile court judge had ruled that he should be tried as an adult. Mariusz was ordered to stay in a juvenile detention centre until the age of 20. After that he may leave, without further implications.

Ora bem, "roubo violento" foi a expressão que o 24 horas escolheu para traduzir "robbery resulting in murder". Parece-me uma escolha curiosa.
Em primeiro lugar, segundo o Direito, furto e roubo são quase a mesma coisa, com uma diferença: o uso da violência. Logo, dizer "roubo violento" é uma redundância.
Um roubo violento é algo muito redutor para traduzir "roubo que resultou em assassinato".
A violência é condenada por lei mas não tem penas que se comparem com uma condenação de um acto que resulta na morte de alguém, mesmo que, segundo o que se lê no artigo em inglês, tenham chegado à conclusão que não houve intenção.
Um roubo violento é um roubo em que o ladrão, por exemplo, espanca a vítima, dá umas facadas ou bastonadas ou murros ou pontapés na vítima e esta fica maltratada, ou mais, ou menos, mas fica vivo e com mazelas.
O que dá origem à pena tão pesada é a morte, não é a violência.

Realmente um jovem ser condenado a 20 anos de cadeia por roubar com violência um leitor de mp3 é uma notícia invulgar, agora, se for condenado por roubo que levou à morte já é capaz de ser algo bastante lógico.


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