Again long life for the murder, for both – the 32. Criminal chamber of the Berlin regional court has decided in the case of the Ku’damm-the result is the same as before the 35. Criminal chamber, but they still went about their judgment. Not only one, but three murder features the court of assizes chamber looked under the chairmanship of Matthias Schertz fulfilled.
the Federal court of justice in its judgment of 1 had. March 2018, the template supplied, as he picked up the first-instance judgment. The Supreme court is not disputed that the district court had considered the murder characteristic of the homicidal Agent as fulfilled, but requested that the next court also deals with the question of treachery. 32. Chamber saw this as a given, and took, in addition, the Existence of low motivation, because both of the racers wanted to win at any cost and to the satisfaction of the chamber, the killing of people participated in.
the core of the annulment decision of the Supreme court was the question of the Intent. The Supreme court had doubts as to the reasoning of the court as to the Existence of a killing intent. The first judgment was dated the Existence of the intent on a moment, as a Prevent of the accident was no longer possible. Then there can have been no intent, as this requires a conscious decision – so that the accident would prevent.
Win at any cost, even the life
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. The chamber was now in a different way: they divided the Events and also the intent in stages. First, it was just a date to a Sting, then Hamdi H. lost twice against Marvin N., what he could not endure. So, H. was at the next traffic light on the Gas and went N. of it, which this had, in turn, does not sit up. After all, he had the horsepower for greater vehicle, a Mercedes-Benz CLA AMG 45.
The Whole thing rocked, until they both accepted that people are killed in the process, maybe even you. 90 meters in front of the accident N. recognizes intuitively the danger, short of Gas, it pushes but then again, to win the race at any price. Here he would have been able to decide otherwise and did not. Against the judgment Revision is possible; the defense has already announced it.
The case is also beyond the Legal interesting – he offers insight into a scene of young men, for the Lifestyle with expensive cars and pretty girls in the foreground and make it a little more thought. You can afford anything – Marvin N. earned 1600 euros gross, after he got in the army does, to be leased Benz cost but on a monthly basis 651 euros. Cruising on the Ku’damm and the care of the cars were in life. And of course, the changing Girlfriends in the passenger seat, were not allowed to apply make-up, so that the seat covers are not stained. It is at the same time, a strange limited image of masculinity that embody the two perpetrators.
acts of a) to z) – it had to happen
The judgment writes the law in the sense that it is made clear: The new Section 315d of the criminal code, which was created after the fatal accident, is not the limit. It can still be considered a killing intent.
In Berlin there is currently every day a new criminal case due to the rage – a total of 104 since the beginning of the year. Each of these acts carries with it the mortal danger. Therefore, the judgment is to be welcomed, as a deterrent. In the case of the two Convicts, it is obvious to think that it had to happen, because none of them was blameless.
Hamdi H. had already committed before the fact so many crimes and traffic offences, that the court was in the list in a) starting at z); Marvin N. the row is enough to x), but with the overall ease of deeds – almost only Parking violations and speed violations. Marvin N. has managed the middle school graduation, it was time soldier in the army, where his contract was not renewed after four years. Both had desires of expensive Consumer and were extremely far from to be able to their fulfillment. Hamdi H. is now 30 years old, Marvin N. 27.
The district court was at one point graciously with you: The driver’s license was not revoked for life, but only for five years. However, it will take longer than five years, until the two are again in freedom.
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