Wednesday, March 1, 2006

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Das Urteil des Berufungsgerichts

The court had charged the two police officers as witnesses, who were both heard. Then it was clear that the allegation of the accused, the police officer T. had written untrue in the Act, not be dismissed out of hand was. In that regard was the accusation of a crime that is already off the table.

have also claimed the accused but also by the second police officer, he had expressed untrue.

made at this point that, under some reasonable and understand instructions suggested that the case against payment of a set edition of 250 EUR to a charitable organization.

The prosecutor agreed to the non-defense after internal discussion. There was even a witness statement read out at first instance and then closed the inquiry.

was miserable in his long and as boring final summation, the prosecutor unperturbed state his opinion, pointing to the fact that he has not understood the assessment of the facts by the court. He saw the objective and subjective conditions in both cases as given, and the justification of § 193 of the Criminal Code does not lie because the defendants had arrived there first and foremost on the two Poilizeibeamten in their honor to hurt. Even a mistake of law are not read by prosecutors. He therefore sought a fine of 20 daily rates.

The defense requested a five-minute closing speech acquittal because the objective facts are not met, definitely no malicious intent and the conduct of the accused was at least justified.

The verdict was announced at 15:45 clock:

acquittal in relation to the offense for which Slander, it remained under the warning with punishment reserved for reducing the penalty to 5 daily rates.

Nachklapp: was
There was no acquittal, but the district attorney dismissed the appeal, the appeal of the accused was the verdict of the district court amended with the proviso that a warning with punishment reserved (only 5 instead of 15 daily rates) has been convicted. In the grounds the board pointed out that the allegation of insult to the detriment of both officials have not been confirmed. But the evil gossip to the detriment of a government official was maintained. The verdict is not final.

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