From the court: almost nothing remains of the indictment

From the court: almost nothing remains of the indictment

Defamation, pretending to commit a crime, breach of custody and insult: these were massive charges that were brought against a woman in a criminal warrant. After an appeal and the trial before the district court, almost nothing remained of it. In the end there was an insult in the verdict. She was fined 150 euros.

It was a rough ouand, which the court operated, in order to unravel the chaos, which developed at a person control at the beginning of january 2018 in kitzingen. Eight police officers alone appeared as witnesses. It was not at all about the obviously out-of-control inspection of two brothers. At their end stood to about ten officers from three inspections on a discounter parking lot. In addition, one of the brothers in shackles. It was a scene for which in court expressions like "hullabaloo", a "whimsical" and "crazy situation or also "a single chaos" fell.

Contradictions in the files

In this chaos it came to the appearance of the woman. She is the mother of the two brothers. They are both lawyers and acted as defenders in the case. The woman had been informed of the control and wanted to bring the passports of the sons to the place of action. By the time it arrived, the personal details had already been established, the matter was actually settled. What happened next, testimony differed by miles.

According to the version, which was the basis for the penalty order, the woman "snatched" the seized cell phone and a pouch of her son from the hand of a young officer (breach of custody is called that in the criminal order). Accompanied by remarks like "you better take care of the dirty foreigners" she is then supposed to tell an officer "help, the bitch grabbed me" have been approached. What was found as defamation, substitution of a crime and insult in the criminal order. As far as one side.

The other side can be summed up as "it was nothing" to summarize. There is no question of rubbing out the things that are no longer needed. Insults have not been made, and certainly not anti-foreigner rhetoric. The charges were fabricated, one of the brothers said. Of "chumminess and collusion among officials" was the talk, of contradictions in the files. Conclusion: "she is to be spoken without if and however freely."

Serious differences in the statements

It was not an acquittal. But after a "large number of statements with "serious differences" not much remained. Especially since the prosecution loved to drop the charge of breach of custody of its own accord. In the opinion of the court, the previously uncharged woman "got into the completely heated scene". It was probably about the "remark made in this way" about the grabber and thus came to an offense. Because the woman has no income of her own, 15 daily rates of ten euros would be sufficient.

The stand in the sentence. Whether that will be accepted by the defense is an open question. The same applies to the prosecutor’s office, which had demanded 70 days 15 euros for slander, insult and substitution of a crime. It may well be that the witnesses will have to appear again in the next instance before the regional court.

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