Eddy about Moshammer murderer: minimum detention of Herish A. (43) ends - but Freistaat does not want to deport him
Created: 12/27/2022, 12:20 p.m
By: Andreas Thieme
Rudolph Moshammer with his dog Daisy © Photo: Volker Dornberger/dpa +++(c) dpa - Bildfunk+++
Fashion czar Rudolph Moshammer was brutally strangled in 2005.
His killer Herish A. (43) has been in prison ever since - for 18 years now.
His minimum sentence expires in mid-January and Herish A. could be deported.
But that probably prevents a Bavarian authority.
Munich – Herish A. (43) has been behind bars for 18 years now.
He is the murderer of Rudolph Moshammer, whom the Iraqi strangled in Grünwald in 2005.
The district court of Munich II imposed life imprisonment and also determined the particular gravity of the guilt.
Herish A. has to remain in prison until mid-January 2023, when his minimum serving time ends.
In theory, the Moshammer killer could soon be released.
In practice, however, for a long time deportation was more likely, especially since, according to his lawyer Adam Ahmed, Herish A. also wants to return to his home country of Iraq, where his family also lives.
But this project now seems to be failing: As the
reports, the State Office for Asylum and Repatriation has rejected the deportation of Herish A.
The reasoning is curious: According to this, A. "cannot be identified as an Iraqi" and therefore cannot be deported.
For the judiciary, however, the case was clear.
"From the point of view of the public prosecutor's office, deportation from detention could take place after the minimum period of imprisonment has expired," says senior public prosecutor Anne Leiding.
Section 456a of the Code of Criminal Procedure stipulates that deportation means that criminal prosecution abroad is avoided.
For Germany, the murder case would be settled if Herish A. lived in Iraq.
There he would be a free man.
Moshammer murderer: His minimum detention ends - but the deportation threatens to fail
But that will probably not happen for the time being.
The asylum authority announced that the Iraqi authorities are currently unable to verify the identity of Herish A. due to the lack of identity documents.
Thus, his expulsion also fails.
In November, A. was brought before a delegation from the Iraqi embassy.
A decision is now being made by the authorities in Baghdad, but this is still pending.
Until then, Herish A. will remain in prison in Bavaria.
He is currently in the Straubing JVA, where he has to wait for the decision of the authorities.
His identity as an Iraqi was clearly established in a court in Munich in 2005. Apparently, doubts arose in the deportation proceedings.