64-year-old man charged

Girlfriend dead, Tyrolean emptied her account straight away

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(Bild: Huber Patrick (Symbolbild))

Twice - on the day of his girlfriend's death and the day after - a 64-year-old Tyrolean man used her ATM card and emptied her account. This is why the man was on trial at the Innsbruck Regional Court on Tuesday.

Punishable? Impious? Both - or neither? The man was accused of withdrawing around 2,700 euros on the two days in July 2023. "Alienation of a non-cash means of payment" is the offense in the Criminal Code. On Tuesday, during the trial at the regional court, the 64-year-old, who lives in Innsbruck, confessed objectively. "Yes, I withdrew the money, but I didn't think anything else of it," said the man, who had several previous convictions.

The accused was "very confused"on the day of his death
He had also regularly used his partner's ATM card. "She was ill and could no longer leave the house," he explained. So he had simply made regular purchases for her using her card. He was also "very confused" on the day of her death and the day after, according to the accused.

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(Bild: Huber Patrick (Symbolbild))

Acquittal: "No intent to enrich himself recognizable"
The judge ultimately believed the Tyrolean and acquitted him. "I believe that he was confused and that there was no malicious intent behind it." According to the judge, there was no recognizable intent to unlawfully enrich himself. Furthermore, it was not necessarily to be expected that a legal layman - such as the defendant in this case - would know the correct procedure. That he knew that after death, all money would be transferred to an estate and therefore there would be no legitimate access to it for the time being. The 64-year-old left the room relieved ...