has now given also the Saxon State Ministry of Justice's opinion in the case of blocking call the StA Görlitz - if one is willing to call the following sentence as an "opinion": "The in its appeal of 29 January 2008 reasons given factual in nature. "
"Material Nature" it is always when the Chief Prosecutor on appeal unconditionally maintained, although the grounds for appeal did not know .
"Material Nature" is a its appeal So even if the people cited " Aggravating circumstances " so (a little) funny, like the refusal of the accused, "to rise in sentencing" or " that the process is used to demonstrate the supposed incompetence and arbitrariness of the trial court ". The prosecutor is it therefore not legally somewhere recognized grounds , but only that it not a defendant, the "silent and sitting in one of the constitutional criteria completely liberated trial (instead of applauding enthusiastically?), on the way to a higher penalty" once "show.
But - in the end it is the prosecution does not even matter. What remains is this: A judge Ronsdorf who takes in rejecting requests to the judge in his own behalf, be illegal (with the collaboration of meeting representative the prosecutor) the defendant cut defense and it later a few minutes - every suspension request abschmetternd - convicted, a prosecutor, a call to prevent the revision lodges and maintained, even though she is not entitled to the RiStBV , finally, a general prosecutor and the Justice Department, to cover this procedure, with here against the same arguments you sit apart no longer. "Rule of Law à la Saxony ...
Now, the district court Görlitz about the further course of events have to decide. For this purpose we will apply until the end of the month accordingly, the appeal be dismissed as inadmissible, because it was filed in abuse of rights is.
0 comments:
Post a Comment