Federal Court of Justice: BGH checks judgment against Lina E. after attacks on neo -Nazis

It is about brutal attacks mainly on right -wing extremists, criminal structures with spying on potential victims and combat training as well as the role of Lina E.: The Federal Court of Justice (BGH) in Karlsruhe negotiated under strict security precautions about the conviction of the left -wing extremist. It could be that the Higher Regional Court (OLG) Dresden must at least deal with parts of the case again.

In 2023, after several life -threatening attacks on actual and supposed supporters of the right -wing scene in Saxony and Thuringia, it spoke guilty of membership in a criminal association and dangerous bodily harm. The judgment was: imprisonment of five years and three months.

Both the federal prosecutor and the defense of the 29-year-olds who did not come to Karlsruhe were revised. At the BGH, both sides applied to lift different parts of the more than 400 -page judgment and to refer to the new decision.

Was Lina E. a ringlead?

One argument is that the BGH changed its jurisdiction to membership in criminal associations last year – after the Dresden judgment. It is about how other acts such as bodily harm or property damage can be assessed legally. Both the defense and the federal prosecutor and the presiding judge Jürgen Schäfer addressed this new perspective.

The highest German criminal court also dealt with the question of whether Lina E. acted as a ringleader. The OLG had attested her a prominent position in the group, but denied a ring of ringing. The Federal Prosecutor’s Office defended itself in its reasoning. At the BGH, however, the authority changed the course. A pure participation of E. in “scenario training” and attacks is not sufficient for the classification, said Federal Prosecutor Matthias Krauss. “She has to participate in the leadership, she has to say where to go, and that does not seem to give up the judgment findings here.”

He already spoke in the introduction of a very complex, complicated facts. It is about a larger network of people and different deeds. The OLG had to see who was involved in which campaign.

“The Higher Regional Court has made a very careful assessment of evidence here, weighed all evidence and relieving against each other and, in my opinion, has come to the right results in all cases,” said Krauss after around two and a half hours of negotiation. The exception is about a partial acquisition for an act.

Judgment should be made in March

At the end of the meeting, Richter Schäfer said that the negotiation had certainly given some in detail to some of them. The third criminal senate at the BGH wants to speak on March 19.

In front of the courthouse, some dozen sympathizers of E. gathered the Karlsruhe local group of the “Red Aid” for a rally, “to accompany the process through solidarity presence”. The lettering “Free Lina” was on posters. The participants called for “freedom for all political prisoners”.

Numerous police officers were deployed, the access roads to the BGH. For the negotiation, he had tightened the registration and access regulations for press representatives and spectators. It took it accordingly to everyone in the hall. The procedure started with half an hour late.

E. is currently on foot. The arrest warrant against you was put out of prison with the Dresden judgment after two and a half years in custody. The remaining penalty only has to serve if the judgment should become final. As a rule, the handcuffs do not click immediately, but a load follows to start in prison.

More alleged accomplices in custody

The group around E. has recently made headlines more often. In November, the Federal Prosecutor’s office had a long -broken suspected accomplices arrested: According to the authority, Johann G. He is also said to have an outstanding position within the group and, among other things, have attacked people in the Hungarian capital Budapest in February 2023 right spectrum counted.

In connection with the robbery, seven submerged people in January faced the authorities. Your defenders want to prevent delivery to Hungary and request criminal proceedings in Germany. Because: In Hungary, their clients threaten a conviction for a “overlap sentence” of up to 24 years, the proceedings there are not sufficient legal principles that the conditions of detention are inhumane.

Another case caused a sensation in the complex in summer. A person who identified as a non-bobage and is known as “Maja” was arrested in Berlin at the end of 2023 and delivered to Hungary in June. The Federal Constitutional Court prohibited this in the urgent procedure – but “Maja” had recently been handed over to the Hungarian authorities. Today the court also explained in the main: the delivery was inadmissible.