Will Moshammer's killer be released in January?

Judiciary decision imminent - "Are prepared..."

Created: 2022-12-13, 6:39 p.m

By: Andreas Thieme

Fashion czar Rudolph Moshammer was murdered in 2005 © Photo: Volker Dornberger/dpa +++(c) dpa - Bildfunk+++

He murdered fashion czar Rudolph Moshammer in January 2005: Herish A. (43) has been in prison ever since.

However, the minimum period of his imprisonment ends in mid-January.

Now the judiciary must decide how to proceed with Herish A. 

Munich – Does he have to stay in prison longer – or is he free now?

Herish A. (43) has been behind bars since January 2005 - he strangled fashion czar Rudolph Moshammer with a cable and was sentenced to life imprisonment.

According to German law, that's 15 years, but A.'s guilt was also found to be particularly serious.

In four and a half weeks, his minimum serving time of 18 years, which the Execution Chamber of the Straubing District Court had set in 2020, will expire.

Our editorial team reported exclusively back in June: Moses' murderer is sitting until the last day!

It's coming soon: Herish A. could be released on January 15, 2023 – the judiciary will now decide on his case.

"From the point of view of the public prosecutor's office, deportation from detention could take place after the minimum serving time (§ 456a StPO)", says senior public prosecutor Anne Leiding.

Munich: Rudolph Moshammer was strangled in 2005 - his killer could now be released in 2023

Whether the deportation can actually be implemented is up to the immigration authorities.

Herish's criminal defense attorney Adam Ahmed is skeptical: So far there has been no passport.

"Of course that's the most important thing." So you have to see "how it develops organizationally".

Ahmed hopes that deportation will not fail due to bureaucratic hurdles.

Herish A. (42) strangled Moshammer with a cable and was sentenced to life imprisonment © Archive

The goal, however, is that Herish A. “does not have to remain in detention beyond the minimum serving time.

He clearly wants to go back to his home country of Iraq, where his family lives.” According to the Code of Criminal Procedure, the judiciary would then refrain from further execution of sentences abroad.

"Currently, the Straubing Chamber of Execution of Sentences is also examining a suspension of probation," says Anne Leiding.

A decision is not yet available.

"However, the prosecutor spoke out against probation." For Herish A., however, it is an option if deportation fails.

The decisive factor here is the social prognosis of a prisoner - that is, how he will live and work in the future.

"We are prepared for this variant," says Ahmed.

Leiding's prognosis, on the other hand, is: "Either there will be deportation from prison or a continuation of life imprisonment." A court decision is still pending.