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What's gotten into some defense lawyers that there is now is already common to the clients to hunt during the current mandatory defense within the prison.

I defend a client for theft including through a mandatory defense. The client sits in custody in the prison Gera and it was recently arrested for, unfortunately, that had two appointments to be moved at short notice in the prison.

Soon a Gera defender wrote to the court, that it is seeking to dismiss me as a public defender and ordered him to be PV. The relationship of trust between the client and I was disturbed.

I subsequently discussed the matter with the client and this indicated that he would adhere to the mandatory defense of my person.

Nevertheless, the colleague did not have to insist on his application and will probably catch a rejection of the application by the court.

Had colleagues not previously been able to contact short telephone? The situation is already so tight that any mandatory defense without regard will be usurped?

I have in such cases, the desire of the client is always given priority and shall not happy in one way or another mandatory defense.

Apparently this demeanor is out of date and I will have to succeed in the future, probably a bit harder.

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end rape trial

Now, at last has already described the rape trial to an end. The AG Gera sentenced the defendant to a prison term of 3 years and 6 months. Whether it be impressed on an already imposed life sentence?
The court in any case, after the inquiry concluded that the prosecution allegations were true, and probably my client was spared further embarrassment. Bad enough was the case for this anyway.
I'm curious to see how the appeal process ends. I hope you will consider not there also consider to measure the penis size, etc. of the accused.

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economic process successfully completed

on 16.06.2006, the economy has stopped here described the criminal LG Mühlhausen after a legal call. An interesting aspect might be that the actual indictment was not read completely, but rather a self reading analog § 249 Code of Criminal Procedure II was ordered. In the present process, this was quite reasonable, since only the reading of the charges, the process would have been significantly delayed. To my knowledge, it has such a self-reading Indictment to date not given. Unfortunately it will not come to a higher court test of this approach in this process since waiver of appeal was told. In my opinion, should the analogous application of § 249 II StPO here, however, be admissible as judicial, prosecutorial and defense are always able to gain knowledge through self-reading of the contents of an indictment. The

writes the "Thüringer Allgemeine " to the process:

Quote:

Righteous

The previous most expensive Thuringian investigation against white collar criminals is been terminated unexpectedly yesterday after a legal conversation between the parties.

MÜHLHAUSEN. Because of their confessions were the two accused fraudster like this with very light sentences. After a year of detention were the bosses of the leave under the name "Marbella Connection" known network for business, the Court first burials as free men. Only in a few weeks to the ailing health of vocational school teachers (65) and a co-defendant Electronics (46) begin their five-or a three and a half years in prison.

The verdict itself presented yesterday afternoon is not surprising: the court was right in a conversation succeeded in bringing the duo to a confession. In exchange for approximately 1,200 of the total 2000 charges were dropped. Thus, two birds with one stone. The process went after only four days of negotiations ended. Also had to because their tables a listener hardly reasonable indictment will not be read.

However, the court had previously positioned clear: if an indictment is so difficult to understand how this is a misreading not reasonable. Because then it serves no purpose. The jury got the 296-page pamphlet to read. All the other knew what has determined prosecutor Frank Erdt in the four years of investigative work: The two accused to let the buying up of companies whose registered office renaming and pay creditors, and thus run into the void. The scam they have pulled at least 500 times - even in Thuringia ten companies. "The large number of crimes has had a harsher sentence," it is the presiding judge Axel Schur brought the verdict to the point.

remained, according to Schur still 338 cases of false certification and 440 violations of the accounting requirement. On the whole trial of 500 defendants Insolvenzverschleppung was waived partly because each had the time of insolvency must be determined. Three, four years would it take, according to Schur.

Quote End

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Good advice from a friend's instigation? 06/14/2006

Today it came with the district court to a Forsetzungsverhandlung Jena, where the client is accused of incitement to giving false testimony. A good friend was in another procedure (simple assault) giving false testified that the alleged violation first, before the police action not taken place. The "perpetrator was acquitted. Shortly thereafter, it has been the friend but your mind and informed the prosecutor that it was yet come to a personal injury and that he had made the false statement because he was afraid of the perpetrator.

The StA placed immediately appeal against the acquittal Judgement, and the result was the case against the offender pursuant to § 153 Code of Criminal Procedure against a payment of 500 € set.

against his friend, the method for giving false testimony was also adjusted according to § 153 Code of Criminal Procedure against a payment of 500 €.

My client, however, has made the mistake to give his friend even before its first hearing on the Council, the matter rest but prefer to be let to get any trouble with the perpetrator. It was a friendly advice!

Now it came to charges of inciting his friend to this false statement.

The court considered it in today's continuation of appointment proved that the objective Constituent elements of a conspiracy to present false unsworn statement and there was a brief discussion outside the hearing.

was ultimately offered a setting for a Code of Criminal Procedure § 153 on payment of 2500 €. After sprawling discussion of this amount could be, however, pressed at 1000 €.

Given the cost risk of a subsequent appeal, the client agreed to the setting.

The result is a defender, however, highly unsatisfactory.

The actual perpetrators pay 500, - €.

The witness, who testified incorrectly charged, 500, - € and the "instigator" of the witness is charged, in the end 1000, - €.

Obviously it probably happening is that some government employees have lost all touch with reality and bring the relevant comments to the Blessed Sacrament. Where we live

because ?????

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trial AG Gera

Today it came to trial before the AG Gera and I acted as co-plaintiff attorney.

is accused of the rape of my client by a fellow prisoner in the custody in another case. is

In the hallway of procedure found that the precise act (anal penetration) was observed by any witness (would would have thought?) and now it is questionable whether they were ever invaded, especially since my client was no physical injuries.

The defense of the accused will at this stage the appointment of an expert request for evidence whether the erect penis of the accused would be in penetrating the anus of the victim causing injuries.

The court was actually of the opinion that this could be tested and demonstrated within the courtroom.

Only after vigorous opposition of the prosecutor, such an idea was discarded. She calmed the victim in this regard, the already expected the worst.

The result is the After my Clients in a possible investigation, that a medical intervention, so far as it stretched until it comes to injuries, then the present diameter is then calculated and compared with the diameter of the penis of the perpetrator.

Waived was here first, that such treatment requires the consent of the victim. The court then asked this but in advance and the victim refused to consent granted.

The evidence from the defense claim was not filed then.

It will still be a continuation date, which the psychologist treating the injured party is heard.

Such cases There are not too rare, which was discussed today in the main hearing of all things, gave me a chill go down his spine.

Just imagine the situation only figuratively, at which tried in court, a defendant with bare sex to get an erection and the injured at the same time studied at the anus and stretched until it screams.

Would you want as well proceed in the case of a raped woman? Unfortunately, this was

also the psychological condition of the injured left completely out of eight.

Fortunately I was able as a plaintiff representative is a little act upon them and defuse the situation Sun

I'll tell you then ......

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now I know

The visit to the prison was really enlightening. PKH is granted safe. The concept was with the civil action (pain and suffering damages) would I still have to consider, however. The defendant / perpetrator is already seated in life imprisonment Whether there is something to be attached,? One does not know .....

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indictment paralyzes process

In a truly comprehensive Witschaftsstrafverfahren District Court Mulhouse I defend one of the accused. Now the prosecutor has determined well in advance very weak, which ultimately resulted in an indictment that includes charges that sentence alone some 295 pages. After the 4th The trial established that the prosecutor can read about 30 pages per transaction. This would initially lead to a Verlesungsdauer of about 10 days of negotiations. However, as it always comes back to interruptions due to various requests by the defense :-), may extend this period well. Now, at the request of the defense examined by the court that the indictment by so-called Even reading can be introduced effectively in the procedural process to begin in the near future, at least with the testimonies can.

I myself have never experienced such an approach and believe that the self-reading of the indictment is certainly decided not often.

Now the court is but the first time (collected at the outset by a defender) on local Besetzungsrüge decide and then you can safely back to sleep predominate, while the prosecutor read out the indictment.

I'll tell you then.