Kick and ruptured spleen

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The juvenile defendant before the court of lay assessors in Linz.(Bild: © Harald Dostal / 2024, Krone KREATIV)

"I am sorry. I didn't think it could end so badly" - in court, an HTL student and his former classmate shook hands in reconciliation. The 18-year-old defendant had kicked the boy in the stomach after a collision in gym class and his spleen had to be removed.

"Assault with serious permanent consequences" - that was the charge against a now 18-year-old pupil. The crime was committed almost a year ago and happened in gym class at the HTL Goethestraße in Linz. The boy had kicked a classmate in the stomach with his foot during a ball game. It was so violent that the spleen ruptured and the organ had to be removed. Although it is possible to live without a spleen, those affected have to live with restrictions and increased risks. For example, there is a higher probability of suffering a serious bacterial infection - such as blood poisoning or meningitis - due to the body's weakened immune system. In addition, there is an increased risk of blood clots and, from the age of 40, an increased tendency to have a heart attack or stroke.

"Pointed in the butt"
The accused student admitted that he had kicked his comrade, but only wanted to give him a "spank in the butt". However, the boy had turned around unexpectedly, so the kick to the right side of his body was unintentional.

Handing over money
The main issue in the trial was whether the kick was the cause and where exactly it had hit. In the end, the teenager accepted responsibility, apologized to his former classmate in the courtroom and handed over 2,000 euros in partial compensation for pain and suffering. This pleased juvenile court judge Walter Eichinger and everyone else involved, and instead of a prison sentence of up to five years, there was a diversion with 48 hours of community service.