A 52-year-old man from Tölz stood before the Wolfratshausen district court. He was sentenced to a fine for attempted bodily harm.
Bad Tölz/Wolfratshausen – A visit to a bar ended in a sobering-up cell for a 52-year-old from Tölz last June. Nine months later, the nocturnal episode continued in the criminal court at the Wolfratshausen district court, where a somewhat bizarre hearing took place.
Bizarre trial: The defendant initially remains silent
The public prosecutor's office charged the man with resistance against two law enforcement officers, attempted bodily harm and insult in a total of five cases. The accused had lodged an objection against the penalty order that had been issued against him after the police operation, which is why the court hearing now took place - but the accused did not speak a single word during it.
Judge Helmut Berger opened the hearing with the question “do you want to say something or not?” when he wanted to compare the 52-year-old's personal details. The defendant stood up and walked silently to the judge's table, where he showed his ID card. Then he sat down again.
Formulations in Reichsbürger style towards the officials
The public prosecutor read out the indictment: On June 24th last year at around 3:35 a.m., the owner of a bar on Badstrasse called the police because a guest there had shown off “his best piece” and torn the bouncer's T-shirt during a scuffle. When the law enforcement officers arrived, the guest refused to reveal his personal details and in return, using formulations in Reichsbürger style, demanded that the officers prove their legitimacy.
When he was supposed to be taken to the police station, the man objected to the measure and called the four officers who were needed to put him in the car "wankers" and followed them with the expression "assholes" when he left in the morning was released from custody.
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The judge instructed the defendant that he could say something about the allegations, but was not forced to do so. The man in the dock took his cap off his head and placed it on the table in front of him, but still didn't say a word.
“I would have asked for a higher sentence today”
A police officer briefly summarized the night's operation in court. The witness reported that Tölzer, who was heavily intoxicated, told them in the bar that they were “not officials and were not allowed to take any action.” Instead, he shouted the Hitler salute in the car on the way to the station and wanted to “talk to the military police.”
Two other officers and a policewoman confirmed their colleague's descriptions during the hearing. The defendant, whose objection to the penalty order was received by the court a day late, still couldn't say a word. He also missed the opportunity to explain why he had not submitted his objection on time. “I therefore request that the objection be rejected as inadmissible,” said the public prosecutor. “This is an advantage for the defendant: I would have asked for a higher sentence today.”
Judge Berger granted the request. So the Tölzer remains with the penalty set out in the penalty order of 120 daily rates of 40 euros each, a total of 4,800 euros. The man can still appeal against the verdict.
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