The verdict is not valid: because a lay judge fell asleep in a court case, a case has to be reopened.
A
lay
judge fell
asleep
in the middle of a
court case
in
Kassel
.
The
judgment made
is
now invalid
because of the incident at the
Kassel court
.
The
process
must now be rolled out again.
Kassel - The
Federal Court of Justice in Karlsruhe
has overturned a judgment of the
Kassel Regional Court
against an official of the
Kassel
tax office
.
The reason: a
lay judge *
slept
during a
trial
.
The man slept - for a considerable length of time - while the
indictment
was
read out in
court
.
Now the case has to be reopened - by a different Chamber of Commerce than the one that had given a total imprisonment of four years for tax evasion and corruption in 2019.
Trial at the Kassel court: jury fell asleep during the trial
The case had generated interest a year ago.
At the
beginning
of the
trial,
public prosecutor Fabian Ruhnau and a colleague
presented 217 cases
against
the 50-year-old
defendant
at the
Kassel
court
.
That dragged on.
When an hour had passed after the break, lawyer Dr.
Sven Schoeller, the defender of the tax officer, the
public prosecutor
and turned to the presiding judge.
He should see if one of the two
lay judges was
still awake.
Our newspaper wrote at the time: “Indeed: The older man nodded away briefly.
The
negotiation
obviously had a drowsy
effect on him
. "
Alderman slept during the trial in Kassel: the court is reopening the case
The lay
judge's
nap in
front of the
court was
enough for a successful
revision of the accused
- with the
Federal Court of Justice
in this mere examination of legal errors also pointed to further
deficiencies
.
In his decision, however, he primarily deals with the conduct of the lay judge at the
trial
in
Kassel
.
That he slept has been proven after an overall assessment of the circumstances.
The statements of the defense counsel and the confirmation of the
public prosecutor's office
served as the basis
.
The problem: the presiding judge at the
Kassel
court
replied that the
lay
judge
was awake.
In doing so, he would
simply
have had to have individual passages of the
indictment
read out again.
Since he didn't, everything starts all over again.
In 2019, it took 16 days to reach a
verdict
.
It is 405 pages long and was even bound as a book.
Alone: It is not valid.
Schöffe slept through the process at the Kassel court - the process is "very annoying"
Dr.
Christian Sprengmann, spokesman for the
regional court in Kassel
, described the process during the
trial
as “very annoying”.
For Sven Schoeller, the case is an occasion to draw attention to the fact that the
lay judge's office
requires a
high level of concentration
before the
court
: “People who sleep while reading the indictment but are wide awake when humming up heavy sentences have nothing in the office lost. “(Florian Hagemann)
* hna.de is part of the nationwide Ippen-Digital editors network.