The High Court in Maribor ruled against Slovenia’s first life sentence
STAApril 19, 2022 – The High Court in Maribor overturned the December 2021 verdict sentencing Silvo Drevenšek to life in prison for admitting guilt for admitting the murder of his ex-wife and her parents in front of his four-year-old son on Christmas Eve 2020. The court ruled because the case was decided by six instead of five judges.
The verdict, the first life sentence since it was reintroduced into the Slovenian Penal Code in 2008, is thus overturned and the case returned for retrial.
The Ptuj District Court, which handed down the verdict in early December 2021, appointed a sixth judge to the senate deciding the case in order to avoid prolonging the court proceedings if, for example, one of the members fell ill.
However, the minutes of the senate session on December 6 show that all six members decided on the case, which is a major violation of criminal procedure, Judge Rapporteur Simona Skorpik said at today’s hearing at the Maribor High Court.
Therefore, the senate of the High Court chaired by Breda Cerjak Firbas annulled the judgment ex officio, without dealing with the content of the judgment or the appeal of the defense.
Both the prosecution and the defense were surprised by the decision. “A lot has been invested in this process and I am sorry that this has happened. But the court must be allowed to decide and decide. This is its function,” said senior prosecutor Teja Kukovec Belšak as she left the courtroom.
Drevenšek’s lawyer Andrej Kac said he was convinced the verdict would fall, but did not expect it to happen that way. “I am surprised at the reason for returning the case for a retrial at first instance. However, I expected the verdict to be set aside and remanded for a retrial based on the substance and reasoning.”
According to the head of the higher court, Drevenšek refused today’s hearing, but remains in custody.
Just before the end of the main hearing at the end of 2021, Drevenšek confessed to the triple murder.
The Trial Chamber, chaired by Marjan Strelec, almost completely upheld the prosecution’s motion, claiming that Drevensek, who was sane in retaliation after his partner left him, killed three people and demanded the division of joint property. . .
The defense then filed an appeal. Kac said the case is open for several reasons. He asserted that the prosecution had failed to provide evidence of aggravating circumstances crucial to determining the sentence.
The murders took place on Christmas Eve, when 35-year-old Drevenšek entered a house he lived with his estranged spouse in Gerečja vas, a small village in eastern Slovenia, after agreeing to give his four-year-old son a Christmas present.
When he entered the house, he stabbed her several times with a kitchen knife until she bled.
After killing his ex-partner, he entered the house next door, where his then four-year-old son was disturbed by his ex-partner’s parents.
He killed his grandfather with the same kitchen knife, while his grandmother suffered such severe injuries that she died at the hospital later that day.
In the explanation of the verdict, the shooter said that the crimes had been proven beyond doubt and committed in the worst form, and Drevenšek was aware of his intentional actions.