Although a young police officer hit a mentally disturbed man twice and verbally insulted him, the Erding district court dropped the proceedings against the 23-year-old yesterday.
Erding/Freising/Taufkirchen - Judge Björn Schindler took a lot of time to explain what at first glance was a disturbing decision.
The drama began on August 12th last year at around 1:30 p.m. at Freising train station.
Prosecutor Matthias Fritzsche reflected that the police and emergency services had been called to a man who had not only behaved very aggressively, but had also expressed intentions to kill himself.
He was supposed to be taken to the psychiatric hospital in Taufkirchen by ambulance.
The now accused police officer accompanied him with two paramedics.
The man did not want to calm down during the journey - despite his entire body being restrained on the stretcher.
The situation escalated for the first time on state road 2084 near Erding.
According to the prosecution, the patient stated that he would violate children if he were released here.
The officer then replied that he would “burn him alive” if he did so.
He then hit the tied man in the face with his hand three more times.
One of the paramedics wanted to intervene.
A little later the journey continued towards Taufkirchen, but the patient still refused to calm down.
The ambulance stopped again after the man had freed himself from being restrained by his feet.
The police officer struck again – twice.
Attorney Jochen Uher reported right at the start of the trial that his client had transferred 1,500 euros to the victim as perpetrator-victim compensation and had repeatedly apologized, including in writing.
Judge Schindler indicated that if there was a confession, remorse and an apology, he would be prepared to stop the proceedings in exchange for a fine.
That's what happened, the 23-year-old now has to transfer 1,500 euros each to the Brücke association, the hospice association and the Sophienhospice, all three in Erding - the unsuccessful mission cost him a total of 6,000 euros.
The fine would probably have been similar.
Does the justice system treat a police officer more leniently if he loses control of himself?
Schindler tried to dispel this impression.
He recalled that the man from Freising train station kept the emergency services on their toes and challenged them for hours.
A latent danger emanated from him.
The blows are said not to have been particularly hard.
According to Schindler, the victim accepted the apology and had no interest in criminal prosecution.
On the other hand, the defendant showed remorse and did everything he could to make things right.
And he doesn't have a criminal record.
The police officer himself explained: “It was a wasted day for everyone.” He realized that he had behaved incorrectly.
He should have reacted more confidently despite the man's "crass and obnoxious behavior."
“I learned from it,” assured the 23-year-old.
If he now pays the condition, the case is over for him and the judiciary.
This means that he is not threatened with any legal consequences.