Published June 16, 2021 at 4:35 pm
Domestic. 26-year-old Hasan Osman in Skänninge sold nasal spray containing a life-threatening fentanyl analogue online. Eleven of the customers died after taking the drug – but now Osman is completely acquitted by the Court of Appeal because it is not possible to prove that the persons did not knowingly commit suicide.
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Unlike the district court, the Court of Appeal considers that it has not been proven in any of the eleven deaths that Hasan Osman has committed a crime.
the deceased have used such a fentanyl analogue that the 26-year-old had sold to them via the company HN Onlinehandel AB. According to the Court of Appeal, however, the evidence is not sufficient to rule out that the deceased committed suicide by deliberately overdosing on the preparation.
Referring to the fact that it follows from criminal law principles that, as a rule, one does not have to be responsible for any other person deliberately exposing oneself to harm, the Court of Appeal has already acquitted Hasan Osman on that basis from liability for crime with regard to these deaths.
In other cases, the Court of Appeal has ruled that it has not been proven that Osman has sold the fentanyl analogue that the deceased has used in connection with the deaths. In one of the cases, the Court of Appeal has ruled that it has in itself been investigated that the deceased used the fentanyl analogue that the man sold, but since it can not be ruled out that the deceased in connection with the death also used tablets with fentanyl analogue and died only to As a result, it has not been proven that the man caused the death.
Like the district court, the Court of Appeal also acquits the man of violating the law on the prohibition of certain dangerous goods.
A consequence of Hasan Osman completely acquitted is that he shall not pay any damages to the relatives of each deceased and, where applicable, the estate of the deceased. Another consequence is that the Court of Appeal lifts the business ban that the district court has announced.