The neo-Nazi Maik Schneider free due to procedural delays from the pre-trial detention. The Brandenburg higher regional court (OLG) has lifted on Thursday the arrest warrant against Schneider for an arson attack on a sports hall in Nauen (Havelland) in the year 2015, which was provided as a refugee accommodation.
the first criminal Senate of the higher regional court followed a request by Schneider. The judges justified their decision with several avoidable procedural delays by the judiciary. This would have summed up to more than six months.
In December had failed cutter in front of the regional court of Potsdam, first with his Detention. There is currently in the revision process against him once more. The district court had rejected the appeal as unfounded and submitted to the higher regional court for a decision. It has now been decided.
The state protection chamber of the regional court had sentenced the 31-Year-old in February 2017 to nine and a half years in prison. In the view of the chamber, Schneider had set with his accomplices to the gym in August 2015, intentional fire to prevent, that the refugees be accommodated. The Federal court of justice (BGH) overturned the judgment. The reason is that The district court had rejected a challenge for bias cutter to be wrong.daily mirror people Free
Now order must, the district court of Potsdam suffered a renewed setback. The court of appeal explained that a detention had to be constantly checked whether it is justified to restrict the basic law protected the right to personal freedom. The principle of proportionality, the period of detention, regardless of the expected sentence boundaries.
The longer the procedure, the more important the freedom to claim
The freedom to claim to take over the interest in law enforcement, the longer the pretrial detention existed, said the court of appeal. For the whole of the criminal proceedings, the requirement for speed was because the procedure was check. "Preventable and the state could not be used attributable to delays in the Proceedings to justify an already long-term detention," said the OLG.
Schneider was arrested in the spring of 2016, so he sat for 2 years and ten months in detention. His lawyer had criticized in the custody complaint, that the delivery of the first judgment would have taken just under six months. The Revision had been thus unreasonably delayed, and the new process only slowly recognized, rebuked the lawyer.
It is now the second spectacular case, for which the district court stands in Potsdam bad. So recently, a convicted murderer from Potsdam to have killed his wife by accident of travel had to be released from prison. The man was convicted in February of this year from the regional court of Potsdam, for the murder of his wife to ten years in prison. On 6. December, he came after a year and nine months in prison.
procedural delays, preventable
In its decision, the court of appeal called for an unreasonably long duration of procedures as a reason for the cancellation of the arrest warrant. The court justified its judgment in Detail with avoidable, the defendant was not attributable to procedural delays that had arisen, particularly after the February ruling saying. The Protocol for the main trial was not made until the end of July ready and the defender at the beginning of August.
This had delayed the revision process. The trial itself had lasted during eight days of negotiations about one and a half months. Also, the log would have reached with about 200 pages of no extraordinary extent, the court. The district court specified Overload could be the reason for the detention to continue.
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