The Prosecutor General has called for the 30-year prison sentences handed to the two men convicted of killing a Vapiano employee in 2022 to be upheld on appeal. The court is also set to rule on whether to maintain the five-year suspension of the sentence that was granted in the original verdict.
A decision is expected on 24 March.
The two defendants, both Senegalese nationals, were convicted of murdering a 46-year-old Italian woman on 16 April 2022 in the basement office of the Vapiano restaurant in Kirchberg, where both the victim and one of the perpetrators worked. Prosecutors argue the men were “prepared for anything” when they entered the building and reacted with extreme violence upon encountering the victim.
According to court proceedings, one of the men gained access to the restaurant through a colleague and hid inside after closing time. He later let his friend into the building with the intention of stealing money from the restaurant safe.
Shortly after 11pm, the pair encountered the victim, who was working alone. One attacker struck the woman over the head with pliers, while the other strangled her.
The assault was recorded on CCTV. The men fled with around €4,000.
During the appeal hearing, the prosecution rejected the defence’s request for a reduced sentence. The defendants’ lawyers had argued that their clients had intended only to commit theft, not murder, and noted that neither had a prior criminal record.
The prosecutor countered that both men were masked and armed with pliers, and that their response to the victim’s presence was immediate and disproportionate, showing an intent to fully neutralise her.
The victim’s mother also addressed the court, saying she could not accept the men’s explanations or apologies. “I do not accept their excuses”, she stated.
The defendants reportedly filed the appeal to explain themselves and express remorse to the family.
In the first trial, a restaurant employee who had opened the door for one of the perpetrators was acquitted, with judges finding he had no knowledge of the plan. The Prosecutor General has reaffirmed that acquittal during the appeal, although the family’s lawyer argued that the crime would not have occurred had the door not been opened.
