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Attacker of Nun in Jerusalem Acquitted by Reason of Insanity

The Jerusalem Magistrate's Court determined that Yonah Simcha Schreiber committed the assaults attributed to him but acquitted him by reason of insanity at the time of the incidents. The court ordered that he be hospitalized in a psychiatric hospital for up to six years.

Key facts

  • Court: Jerusalem Magistrate's Court
  • Judge: Ofir Tischler
  • Defendant: Yonah Simcha Schreiber, 36
  • Location of the assault: near King David's Tomb in Jerusalem
  • Hospitalization: up to six years
  • The case number and exact date of the decision were not specified in the source

What Happened

In May, Yonah Simcha Schreiber, a 36-year-old resident of Peduel, saw a woman dressed as a Christian nun near King David's Tomb. According to the indictment, he ran toward her, forcefully pushed her, knocked her to the ground, and kicked her. When a person nearby tried to stop the assault, Schreiber also attacked him with punches and kicks. The nun was left with bruising on her face and injury marks on her leg.

What Charges Were Filed

The Jerusalem District Attorney's Office charged Schreiber with assault causing actual bodily harm, committed out of religious hostility toward a group, as well as simple assault. Judge Ofir Tischler concluded that the evidence was sufficient and that the defendant had indeed committed the acts attributed to him.

Why He Was Acquitted

During the proceedings, a psychiatric opinion was submitted stating that Schreiber was in a psychotic state at the time of the assault and was not criminally responsible. However, he was found competent to stand trial. In other words, his current procedural competence did not negate the finding that he was insane when he committed the acts themselves.

What the Court Ruled

In view of the psychiatric opinion, the court acquitted Schreiber by reason of insanity and issued a six-year psychiatric hospitalization order. This is the maximum period prescribed for the most serious offense among the acts the court determined he had committed. The psychiatric committee may shorten the hospitalization period on professional medical grounds.

What this means for you

In Israel, competence to participate in legal proceedings and sanity at the time the act itself was committed are assessed separately. Even if it is proven that a person committed an assault, a psychotic state found to have existed at the time of the incidents may negate criminal responsibility; instead of punishment, the court may order compulsory psychiatric hospitalization, the duration of which may later be reconsidered by the psychiatric committee.

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