Tuesday, November 22, 2005

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Das Urteil

Today was served with the Judgement of the District Court of Braunschweig . On a good 10 or the penalty warning is justified with punishment reserved.

The accused is in coincidence with the offense of defamation to the detriment of two persons guilty.

He is cautioned.

The conviction to a fine of 15 daily rates are reserved.

The accused with the costs and state taxes.

Applicable Regulations: § § 185, 186, 52, 59 of the Criminal Code, Code of Criminal Procedure § 465

The four defense lawyers will now jointly work out the grounds of the appeal.

Friday, October 28, 2005

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Strafmaßberufung der Staatsanwaltschaft

Following information provided by telephone the office at the Brunswick County Court the prosecution appealed. The appeal is limited to the sentence.

Apparently the Lord attorney by the court imposed "a fine on probation" is not high enough - whether from general or special preventive reasons, we will experience secure.

Wednesday, October 26, 2005

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Rechtsmittel gegen das Urteil

The defense today full-loaded, 4 hours before the deadline, the name and on behalf of first instance convicted appeal against the court verdict office.

To find the path to the (licensing) keep calling openly was sought as a precautionary measure, the admission of the appeal .

The decision whether the appeal will now proceed to (jump) revision or becomes specified appeal, will meet the four defense lawyers after service of written reasoned couched appeal.

Whether the prosecution also plans to review of the sentence is still not known.

Sunday, October 23, 2005

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Gruppenfoto

The Four defense lawyers from left to right: Carsten
R. Hoenig, Werner Siebers, Bernd Eickelberg, Kerstin Rueber.

Thanks to the photographer, Gisbert Stückgen.

Thursday, October 20, 2005

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Einigung besser bei Mutter Habenicht?

The Braunschweiger Zeitung reported by the verdict of the district court.

For the non-Brunswick, "Mother did not" is a very cozy restaurant, which has a large round table.

Wednesday, October 19, 2005

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Die Anträge und das Urteil

The prosecutor sought the imposition of a fine of 20 daily rates.
The defense sought acquittal.

The district court office has warned the defender just.
Reserved is to impose a fine of 15 daily rates. More information will be

.

Monday, October 17, 2005

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Hauptverhandlungstermin am 17. Oktober 2005

The trial began on time at 10 and ended after 16 clock clock, after the parties had agreed to hold talks to end until the next hearing (Wednesday, 10/19/2005, 10 Clock, Room E 104). The evidence, however, was not yet closed, there's a statement of the accused is to be read out. But first back to the beginning:


"dispute" was this defense of the accused lawyer, in his final words with the falsification of the investigation file claimed. The police officer had written on 30.08.2003 POK T. this report, on 27/01/2005 then on the same subject brought this note to the file.

caused the contents of the letter defending the public prosecutor to draw up this indictment .

to process beginning on 06/07/2005 it was not yet the reading of the indictment, because the defense initially requested that document , the attorney who drew up the indictment to replace it with another meeting representatives. This replacement request was then once again through this supplement updated.

The proceedings were suspended to give the prosecutor the opportunity to submit comments, which he held with this letter to the district court.

It happened to be this decision of the district court, with the replacement request was rejected as expected.

Shortly before the appointment were all defenders one identical letter Wording of the Chief Public Prosecutor, who refused the application for replacement of the prosecutor as well.


At the beginning of the trial the defense requested with that statement , not to read the indictment and the proceedings set by the Court because it has a grave mistake. This request was refused by decision. The decision conceded that the contents of the indictment was quite extensive and contains many unusual details. But as a defender but is known to have very many rights, the prosecution must also have very much content.

After reading the indictment, the defense gave in an opening statement their view on the background of the procedure and the sensitivity with respect to the free legal profession with clear terms of expression.

then began evidence to the court of the former clients of the accused and and his wife were charged on four of its term use police officers involved.

The survey of former clients was temporarily on the issue of obstruction of justice sought by the defense lawyers "addition. However, the emerging suspicion was not confirmed.

After the wife was heard T. policeman, who had written the above two reports, which reflected same topics in two different variants . It concerned the question whether an instruction of the then accused of his (silent) or rights are (rightly) had been omitted.

the beginning of his interrogation nor friendly and relaxed occurring T. officials became increasingly restless, as the defender Rueber interviewed him at length. The judge admonished the witness several times to report only on his memory of facts , but not about his assumptions and conclusions ("I always do so, so I will have done so even then "). At the request of defense counsel, who submitted the application to swearing in of witnesses in view, the judge instructed the police officers then even at length about the consequences of perjury. The witness looked tense and protested in a few details.

The other police officers in your testimony contributed to the less enlightenment. Remarkable however, was that as PK, who admitted when asked to have prepared himself by reading his own good reports on the trial, by the essential points (policy) could not remember. From a spectator was observed to have the witnesses T. and as before, exchanged intense during and after the lunch break on the examination of the witness T.. The four defense lawyers

have the impression that may have more on the result of evidence the prosecution allegation also from the viewpoint of the court have in relation to the fulfillment of the objective facts not stand. In any case appear the charge that the accused had also acted intentionally limited, no longer tenable. About the justifications (safeguarding legitimate interests) has not yet been spoken, but which is still made up.

why the four defense lawyers look anxiously optimistic about the third the trial tomorrow, Wednesday, 19:10:05, 10 Clock, Room E 104th The public is allowed and encouraged.

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The Braunschweiger Zeitung reports on the criminal process in today's Tuesday edition, the article is read online here .

Sunday, October 16, 2005

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Akteninhalt "dreist gefälscht"

The Braunschweiger Zeitung reported here the criminal process.

Thursday, August 25, 2005

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Der fünfte Sitzungstag ist geplant

By letter dated 22nd August 2005 asking me the court reserving a further continuation of appointment - 9 November 2005.


Here again all the events in detail.

Downloaded:
Monday, the 17th October 2005
Wednesday, the 19th October 2005

Reserved:
Monday, the 24th October 2005
Tuesday, the 25th October 2005
Wednesday, the 9th November 2005

Thursday, July 14, 2005

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Weitere Termine wegen der Bedeutung der Sache

The court has asked the four defense lawyers to suggest two more continuing appointments.

on demand informed the court that after the last date, several lawyers with a text-identical Schreiben gemeldet und ihren Besuch der Verhandlung angekündigt hätten. Die interessierten Anwälte sähen durch das Verfahren die Grundlagen der Verteidigertätigkeit betroffen.

Das Gericht möchte dem Verfahren nun einen zeitlichen Rahmen zur Verfügung stellen, der der Bedeutung der Sache Rechnung trage.

Die Vier Strafverteidiger haben dem Gericht den 24. und 25. Oktober 2005 vorgeschlagen.

Friday, July 8, 2005

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Die weiteren Verhandlungstermine

Die nächsten Termine, die zwischen Gericht und Verteidigung vereinbart wurden sind folgende:



Montag, der 17.10.2005
Mittwoch, der 19.10.2005
Jeweils 10:00 Uhr im Saal E 104
AG in Braunschweig, at the Martini Church 8, 38100 Braunschweig


The negotiations are obviously related.

Today I received the news that the court interpreted two more events into the eye. These are however not yet clear. The four defense lawyers will report in due course.

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Hauptverhandlungstermin am 6. Juli 2005

to the date on 6 July 2005 were invited plenty of witnesses who were taught at the beginning of the timely trial de lege artis.

I was also easily and naturally connect the consent of the judge, my laptop to the power of the court. But the Lord Prosecutor was not quite agree, but he asked, in substance, what for here at the defender need a computer .


The court accused was known then asked how he is, how old he is and where he lives. The question of marital status, he has already replied to any more (because a defendant is not obliged in principle), the judge has let him have his way, either it was known to her or whatever. Income: Fixed.

"If any other questions for the person?"
"No, but I have to lodge an urgent application ."


was then applied for me and to just under four Pages reason to adopt the following:

It is noted that Mr. Attorney is to replace session as a representative of the Prosecutor.

have the alternative, I requested that the following decision:

The chief prosecutor of Mr. B. is asked to replace the Public Prosecutor as the session as representative of the Prosecutor.

Here is the application record and its justification.


The judge responded confidently and suspend the trial after that first 20 minutes to give even the prosecutor the opportunity to be redeemed for comment.

The prosecutor seemed not amused. He left by appointment scheduling between the court and defense, and after a subsequent minor dispute with the defender Bernd Eickelberg, leaving behind the words:

" Be careful "

the hall. An explanation of these words, he refused us.

Well, the other good proposals that we had prepared, we could ask no more. But this will certainly be another opportunity later.


PS:
Für die Idee mit dem "Ablehnungsantrag" bedanke ich mich bei Herrn Kollegen Udo Vetter , der damit in dem Visa-Verfahren in Köln zur Ausstellung von Reiseschutzpässen Herrn OStA Bülles "abgelehnt" hat. Ich hoffe, er nimmt es mir nicht übel, wenn ich ein paar Zeilen seines Antrages übernommen habe. All das nur im Kampf ums Recht. Den Wortlaut des Antrags habe ich in der " Handakte " gefunden.