After two convictions: Regensburg's ex-OB Wolbergs files a constitutional complaint

Created: 01/19/2022, 15:35

Joachim Wolbergs (r), former Mayor of Regensburg, sits with his defense attorney Peter Witting at a press conference.

© Armin Weigel/dpa

The former mayor of Regensburg, Joachim Wolbergs, has filed a constitutional complaint after two convictions.

Regensburg - The former mayor of Regensburg*, Joachim Wolbergs, has filed a constitutional complaint with the Federal Constitutional Court in Karlsruhe.

He announced this on Wednesday together with his defender Peter Witting from Munich.

The complaint is directed against two final convictions and against the overturning of acquittals by the Federal Court of Justice (BGH) in November in Leipzig.

It is about checking the convictions, but also about fundamental questions about the admissibility of party donations and party financing, said Witting.

The board and parliamentary group of the "Brücke" are still behind the Wolbergs.

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Regensburg's ex-OB Wolbergs sees no guilt in convictions

Parties in Germany should be able to finance themselves freely and not be funded by the state.

The question now is whether the acceptance of admissible donations to a party constitutes the acceptance of an advantage.

“What does that mean at the community level?

Can a local politician then still accept donations?” Witting asked.

Another point of criticism concerns Wolbergs' conviction for bribery in the second trial.

In this procedure, the criminal court in its judgment has moved away from the findings from the taking of evidence, said Witting and admitted: "This is a serious allegation." But: Constitutionally, there is the principle of guilt, according to which there should be no punishment without guilt.

“That is the point that we are putting up for discussion here at the Federal Constitutional Court: Has guilt been established?

We say very clearly: No!”

BGH had the verdict renegotiated

In the so-called Regensburg corruption affair, Wolbergs had to face two lawsuits before the district court of the city in Upper Palatinate.

In 2019 he was convicted of two cases of accepting an advantage, but the judges refrained from punishing him.

In the second trial in 2020, he received a one-year suspended sentence for a case of bribery.

The respective criminal chambers had acquitted him of all other allegations.

The BGH overturned the judgment in part in the first trial and objected to it being too lenient.

These sub-complexes must be renegotiated before the district court in Munich 1.

The second judgment was confirmed by the BGH.