Göttingen/Karlsruhe, March 13, 2024
In the so-called Fretterode case, the Federal Court of Justice (BGH) in Karlsruhe, following an appeal hearing today (Case No.: 2 StR 237/23), overturned the scandalous judgment of the Mühlhausen Regional Court of September 15, 2022 (Case No.: 3 KLs 101 Js 47753/18 jug) due to significant deficiencies in the evaluation of evidence. The case will now be remanded to a different chamber of the Mühlhausen Regional Court and the proceedings will be reopened.
The regional court, in a noticeably lenient sentence, convicted the two neo-Nazis, Gianluca B. and Nordulf H., of dangerous bodily harm, sentencing them to only one year's imprisonment, suspended on probation, or, alternatively, to 200 hours of community service under juvenile criminal law. The victims' families had demanded a conviction, particularly for aggravated robbery, with significantly harsher sentences, and especially that the neo-Nazi motives be taken into account in sentencing. The regional court refused to convict them of aggravated robbery because it doubted the victims' families' testimony regarding the robbery of a DSLR camera and instead gave more credence to the neo-Nazis, who denied the robbery and large parts of the overall events. The regional court also stated that it could not identify any neo-Nazi motives on the part of the perpetrators.
Following appeals by the co-plaintiffs and the public prosecutor's office, the Federal Court of Justice (BGH) has now declared the Mühlhausen Regional Court's evaluation of the evidence flawed. It found that a comprehensive assessment of all circumstantial evidence regarding the camera robbery – including the motive – was lacking. Furthermore, the camera's whereabouts were not addressed in the evaluation of the evidence. The case has been remanded to a different chamber of the Mühlhausen Regional Court, which must conduct a new hearing.
Once the written grounds for the judgment are available, more specific information can be provided about the course of the proceedings and the reasons for the reversal by the Federal Court of Justice.
For further questions, please contact the lawyers Sven Adam and Rasmus Kahlen using the contact details provided.
The press release from the Federal Court of Justice (BGH) can be found here:
https://www.bundesgerichtshof.de/SharedDocs/Pressemitteilungen/DE/2024/2024061.html?nn=10690868
Background:
Two journalists from Göttingen were in the town of Fretterode at the end of April 2018 for research purposes when they were spotted by individuals from the far-right spectrum. As they attempted to leave in their car, they were pursued by two people in a black BMW. A chase ensued along the country road and through the towns of Fretterode and Germershausen. The journalists were caught by their pursuers at the entrance to Hohengandern. After the journalists' car came to a stop in a ditch, the two right-wing extremists first attacked the car and then the occupants with a baseball bat, a knife, a 40-50 cm long wrench, and pepper spray. The photographer suffered, among other injuries, a stab wound to the thigh. His companion was struck on the head with the heavy wrench, suffering a fractured skull and a laceration. The car's windows were smashed, the rear tires were punctured, and the photographer's camera and camera bag were stolen. The perpetrators then fled in the black BMW. At the request of the seriously injured victims, local residents were able to call emergency services and the police.
The photographer was able to take photos of one of the perpetrators from his own vehicle. The SD card containing these photos did not fall into the hands of the neo-Nazis and has been handed over to the investigating authorities.
