court trial against me - the outcome

Mirko Thiesen Mirko.Thiesen at Tuebingen.MPG.de
Thu Nov 15 10:26:08 UTC 2007


> A judge found you guilty without hearing from you, nor summoning you
> to a trial? That sounds like a ... dangerous procedure. Well, I

This is a common procedure here for smaller offenses. AFAIK it is often used
if people appeal to fines resulting of speed tickets and the like.

> suppose you could see it as equivalent to an offer by the public
> ministry to settle. Maybe. I'm not sure.

The most important purpose of this procedure is that "they" don't want to
hold a real trial and thus save money. It's usually just not worthwile to do
the whole trial dance if the outcome is a fee of let's say 100 EUR or maybe
a warning only.
 
> > They offered me to dismiss the actual court trial according to
> > paragraph 153 StPO which is not the same as an acquittal (no
> > "Freispruch") which I eventually accepted.
> 
> My German is not that fresh anymore, but it seems to say that if your
> guilt is low and they don't find any interest for society at large to
> prosecute you, they can choose not to prosecute. Is that what that
> paragraph says?

Yes, this is what the paragraph says. Unfortunately it implies that I am
indeed somehow guilty. I wouldn't have accepted it if the judge and the
public prosecutor hadn't made clear that otherwise they would have tried
really hard to construct this aiding and abetting thing. :-(

Bye, K&K,
T-Zee
-- 
|Mirko Thiesen          "We're with you all the way, mostly"|
|Mirko.Thiesen at Tuebingen.MPG.de    | http://www.kyb.mpg.de/ |
|MPI for Biological Cybernetics    | Phone: +49-7071-601-638|
|Spemannstr. 38, D-72076 Tuebingen | FAX:   +49-7071-601-616|
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