court trial against me - the outcome

Fabian Keil freebsd-listen at fabiankeil.de
Sat Nov 17 16:00:43 UTC 2007


"Mirko Thiesen" <Mirko.Thiesen at Tuebingen.MPG.de> wrote:

> > > 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 don't think so.

The first part of the paragraph talks about the guilt of the
offender, the second part about dismissing the case with the
approval of the accused.

The accused doesn't have to be the offender and as being
accused for itself doesn't imply any guilt I don't see why
dismissing the case according of § 153 StPO would imply any
guilt either.

Fabian
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