Image: BARBARA GINDL (APA/BARBARA GINDL)
The 28-year-old is said to have injured a local man with punches and kicks on the street on July 16th on the sidelines of his club’s training camp in Zell am See (Pingzau). The criminal proceedings were settled today after a short negotiation as part of a diversion with a fine.
The crime was preceded by an argument. The initial verbal argument escalated and, according to the public prosecutor’s office, Gersbeck is said to have caused serious bodily harm to his opponent – even if only negligently. The victim, a 22-year-old from Salzburg, suffered a fracture of the floor of the eye socket, a fracture of the maxillary sinus wall and a hematoma on the eyelid. According to Section 84 Paragraph 4 of the Austrian Criminal Code, the penalty would have been six months to five years in prison.
“I deeply regret the incident. I would like to personally apologize to the victim,” Gersbeck told the judge on Thursday. There was a handshake with the 22-year-old in the courtroom. “I hope that you don’t have any consequential damage,” said the goalkeeper, and the Salzburg player accepted the apology. Gersbeck (defense attorney Jürgen Pföstl) reached an out-of-court agreement with the victim before the trial and paid compensation for damages in an undisclosed amount.
40,000 euros euro diversion
Judge Daniela Meniuk-Prossinger today offered the defendant a diversion with a fine of 40,000 euros. He accepted. As a result, Gersbeck remains blameless and no entry is made in the criminal register. After the invoice was paid on site, the procedure was finally stopped. Although the diversion is not yet legally binding, an objection by the public prosecutor is not considered very likely.
The judge justified her decision by saying that diversion is not a purchase of freedom, but is tied to conditions. Someone has to take responsibility for their actions. “The defendant did this from the beginning,” Meniuk-Prossinger said. In addition, there is the generous compensation that has already been paid and a certain provocation by the victim. However, details of the crime were not known today. At the same time, the perpetrator experienced disciplinary consequences (through his club, note).
Traveled with fans from the ultra scene
The goalkeeper and father of three small children, who has so far had no criminal record, had apparently been out and about with fans from the ultra scene in the Zell am See city area before the incident. He has been suspended from team training at his club since the incident. Not only because of the police investigation, but also because he had left the team hotel without permission, as the club announced in a club announcement at the time.
Gersbeck had only returned from Karlsruher SC to his youth club in Berlin for the new season and was supposed to lead the young team on the hoped-for path back to the Bundesliga.
In a statement on the discontinuation of the proceedings, Hertha managing director Thomas E. Herrich said on Thursday: “The court apparently viewed the guilt as only minor. Our player was not convicted of a criminal offense and has mutually compensated the injured party. We are closing the case in this situation Taking into account the interests of all those involved, it does not mean that Marius Gersbeck will be given a second chance. We will discuss this internally and decide promptly.” In a press conference with Hertha head coach Pál Dárdai today, no questions were allowed about Gersbeck – it was purely about sporting content about the game against second-placed St. Pauli next Saturday.
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