Judgment legally: BGH confirms conviction: Lina E. has to go to prison

Attacking training, militant-link sex-dremistic attitudes and brutal raids on actual and supposed neo-Nazis: In detail, the presiding judge, Jürgen Schäfer, lists again when the judgment was pronounced at the Federal Court of Justice (BGH), which is about in the case of Lina E..

Except for minor changes, the Karlsruhe Senate confirms the conviction of the 30-year-olds today. A new main hearing does not need, says Schäfer after about three quarters of an hour. The prison sentence of five years and three months is legally binding. For E. this means that after almost two years on foot, she will soon have to go back to prison.

Schäfer uses the proclamation for very fundamental criticism: “The means of political argument is the word, not violence.” This applies to rights such as left and other worldviews. The Senate President emphasizes that the beating and meeting of people with sometimes far -reaching consequences should not be justified and not apologizing.

BGH confirmed: Lina E. was not a ringleader

The Higher Regional Court (OLG) Dresden guilty in May 2023, among other things, guilty about membership in a criminal association and dangerous bodily harm. Together with other co -accused from 2018 to 2020, she is said to have been involved in several life -threatening attacks on actual and supposed supporters of the right -wing scene in Saxony and Thuringia. The judgment triggered violent protests nationwide in the radical left -wing scene.

At the hearing in February, the role of Lina E. was also an issue within the group. The OLG had attested her a highlighted position, but had no ringing a ring. The BGH follows this assessment. In the raids, E. had mostly acted as a so -called overview person, who held other people with pepper spray from intervention and gave the accomplices to retreat.

Lina E. currently at large

In contrast to the negotiation, the left scene does not demonstrate with “Free Lina” banners in front of the BGH at the proclamation. The accused himself does not come to Karlsruhe again.

It is currently at large. The arrest warrant against you was set out with the judgment of the OLG under requirements. After two and a half years in custody, she was released until the judgment is final.

Now she has to serve the residual penalty. According to her lawyer, Erkan Zünbül, exactly how long E. will come in custody must be calculated. The custody is taken into account, for example. Zünbül welcomes that the revision of the federal prosecutor was rejected and the procedure has now been completed.

Federal Prosecutor’s Office with revision unsuccessful

Both the federal prosecutor and the defense had filed a revision against the Dresden decision. Both sides applied for to remove different parts of the more than 400 -page judgment and to refuse to make a new decision.

With its revision, the Federal Prosecutor’s Office had, among other things, against a partial acquisition with regard to another crime. However, the Karlsruhe Senate sees no legal errors in the evidence assessment of the OLG and therefore completely rejects the revision of the Supreme German Anklebungs.

Federal Prosecutor Matthias Krauss nevertheless evaluates the judgment positively. “Attacks on the assessment of evidence are usually not successful,” he says. He could “understand” that the BGH could not find any gap or contradiction here. He thinks the decision is correct.

The BGH checked the judgment exclusively for legal errors. So he did not hear witnesses or raised new evidence.

Because the BGH has changed its jurisdiction to membership in criminal associations in November, it raises a single penalty. He also adapts the guilty verdict in detail. This has no effect on the total prison sentence imposed, says Schäfer.

More alleged accomplices in custody

Schäfer announced that the Senate wants to decide promptly to accuse the accused in Dresden at that time. This should happen in writing, without negotiation.

But this is far from complete the chapter about the grouping: In November, the federal prosecutor’s office had Johann G. arrested for the long -diped suspected complications. Among other things, he is said to have attacked people in the Hungarian capital Budapest in February 2023, who, in their view, were part of the right spectrum.

In addition, seven people were related to the German authorities in connection with this robbery. Their defenders want to prevent delivery to Hungary because their clients there are a “long prison sentence” threatening that the procedure is not sufficient for the rule of law and the conditions of detention are inhumane.