Turnaround in the Jérôme Boateng case: judgment against ex-national player overturned

Turnaround in the Jérôme Boateng case: judgment against ex-national player overturned

The verdict in the case of Jérôme Boateng, who is accused of assault and insult, has been overturned

Jérôme Boateng’s (35) appeal before the Supreme Court of Bavaria was successful. The verdict for bodily harm and insult, which was pronounced against the former national soccer player in November 2022, has therefore been overturned. In a press release from the regional court, this decision is justified by the fact that “one of him [Boateng, Anm. d. Red.] The application for bias made was decided with the participation of the rejected judge. This – according to the Criminal Senate – was inadmissible in this procedural situation.”

Boateng’s lawyer had previously repeatedly emphasized that the judge responsible had not approached the case with the necessary neutrality. The legal counsel for the now 35-year-old former FC Bayern Munich player described the fact that he was involved, among other things, in rejecting a corresponding application for bias against him as “contrary to the process”. The Criminal Senate now saw it the same way.

Not only positive consequences are possible

However, the successful appeal does not necessarily mean that Boateng will now receive a lighter sentence or even remain completely unpunished. The public prosecutor’s office and the co-plaintiff, Boateng’s former partner, had also applied for an appeal. In the verdict from last year, they criticized “the fact that the district court only convicted the defendant of simple bodily harm for throwing a drinks cooler bag at the co-plaintiff, without clarifying whether the bag was a dangerous tool. “

If this assessment were to change to Boateng’s disadvantage during the reassessment, the alleged act would “then be punished as dangerous bodily harm with a minimum sentence of 6 months’ imprisonment.” On November 2, 2022, Boateng was “sentenced to a fine of 120 daily rates of 10,000 euros each for two cases of bodily harm and insult to the detriment of his former partner” – a total of 1.2 million euros.

The legal dispute, which has been dragging on since 2021, is not expected to be concluded in the foreseeable future because: “After the Senate has also repealed the findings, the responsible chamber will carry out a new taking of evidence.” So the case is reopened completely from the beginning.

Source: Stern

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