Mask scandal: the court spoke to Nüßlein and Sauter - and exonerates both CSU politicians

The mask affair hit the CSU hard.

Now the Munich Higher Regional Court has made its first decisions - and at least exonerated the accused from a purely legal point of view.

Munich - The higher regional court (OLG) Munich has exonerated the former member of the Bundestag Georg Nüßlein and the member of the state parliament Alfred Sauter of the central allegations in the CSU mask affair. Their behavior does not meet the criteria of bribery or the corruptibility of mandate holders, announced the OLG in resolutions announced on Thursday. With these, the court upheld complaints from Nüßlein, Sauter and a co-accused entrepreneur on essential points.

The Munich Public Prosecutor's Office had initiated a preliminary investigation against the three, among other things, on suspicion of corruption.

The basis is Section 108e of the Criminal Code - Bribery and bribery of elected officials.

Nüßlein and Sauter are said to have received a lot of money for brokering corona mask shops in 2020, Nüßlein 660,000 euros, Sauter even 1,243,000 euros.

The affair of controversial and extremely lucrative business with corona protective masks with an active and a former CSU deputy in the center does not end there.

It becomes a case for the Federal Court of Justice (BGH).

The Munich Public Prosecutor's Office announced on Thursday that it would lodge a complaint with the BGH against several decisions of the OLG.

CSU mask affair: Munich court exonerates Nüßlein and Sauter - raid was also illegal

On February 3, a raid was carried out on Nüßlein.

Sauter was raided on March 11th.

All three had now defended themselves in front of the OLG against search warrants and against so-called property arrests.

The OLG canceled both arrest orders for the sums of money and also declared the raid on Sauter to be illegal, and an arrest order against the co-accused entrepreneur was also canceled.

The court justified the fact that there was no corruption by stating that the relevant allegation presupposed that an MP would receive or promise a benefit in return for an act in the performance of his mandate.

This was not the case here.

Nüßlein and Sauter exonerated in mask affair - court sees "clear will of the legislature"

"Therefore, only acts of bribery that are intended to influence the activities of parliamentary work in the plenary, the committees and the working groups and groups of the party groups are recorded," the court explained.

"According to the unequivocal will of the legislature, on the other hand, a mandate holder does not make himself liable to prosecution by accepting unjustified pecuniary advantages if he - as in the present case - only uses the authority of his mandate or his contacts to make decisions from extra-parliamentary bodies, for example authorities and ministries, to influence."

This clear will of the legislature is the basis of the decisions on the successful complaints from Nüßlein and Sauter, it said.

It is still unclear whether there will be charges against the two politicians and thus a criminal trial.

The Public Prosecutor's Office then emphasized that the legal issue had not yet been decided by the highest court.

"According to a preliminary assessment, the reasoning of the Higher Regional Court is not convincing." Therefore, a complaint is lodged with the BGH for final clarification.

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