Affare Mollath: New report should "Need to continue the accommodation" evaluate
On Monday, the free Wahlers in the Bavarian Landtag presented an opinion of the renowned Hamburg lawyer Gerhard Strate, in which this treatment of the tax criminal value Gustl Mollaths of the 9. December 2003 by the prosecutor Nurnberg-Furth legislative examined. In this procedure, on 19. February 2004 An adjustment for adjustment according to § 152 (2) of the Criminal Procedure Code, which strikes that "No adequate [n] actual indications" have been available for traceable offenses, because the display replacement only "unconcrete information" make and "flat-rate" The suspicion was carried out, "that black money is spent in coarse extent to Switzerland".
Strategies pays up in his opinion that Mollath is not only the names and addresses of 39 witnesses and suspicious investors in his criminal complaint. There are also company names and deck names of black money accounts. The display reimer does not only describe concrete tapaulps, but also gives the investigators tips on which they could get more information. From this "Detailedness and internal ulterence of presentation", as well as the fact that Mollath did not wrote the criminal charges anonymous, but under his own name, results for Strate "credibility" and "Credibility", which the prosecutor’s office has already increased through simple internet researchers in the Swiss Trading Office since 2002, or by telephone calls at the Hypo-Club Bank.
Final clarity had then brought an investigative arrangement according to § 162 StPO, in which the bank had to reveal the money transactions of recent years. If the prosecutor had doubt about Mollath’s beliefness, then she had to preach him and surprise personally – what did not happen. In addition, in the opinion of the lawyers specializing in criminal law, it had nearby that in the case the tax assessment specializing in such trap. Therefore, strate comes to the conclusion that the setting of the procedure "was compulsory and unlawful". Morkey he fell to the idea of his opinion: "It speaks much for that that the wrong was taken".
At the Attorney Officer in Nurnberg, they were trying to disproped them already by the Regensburg Criminal Practor Henning Henning Muller with the indeed that every spending of money into Switzerland is punishable and that there were indications of it that it is black money. An acceptance not only lawyers based on typical case constellations than "lifelong" classify. After the Bavarian Ministerial Prosident Horst Seehofer honored yesterday yesterday, the judiciary in Bavaria was independent, but in his opinion "well advised to re-evaluate the case again", Depending on the General State Platform on the late afternoon a press secretariation in which it punched, one would apply for the state-of-the-art crop chamber, "The question of the need for the continuation of accommodation [Mollaths in a closed institution] can be re-examined by another psychiatric expert".
However, the free Wahlers in the Bavarian state parliament demand an inquiry committee because they do not believe that the judicial care facilities are able to work up the advances. The parliamentary business fleece Florian Streib, the son of the former Bavarian Minister President Max Streibbl, raises Justice Minister Beate Merk in this context even before "tried to cover up things". In order for such a committee of inquiry to be launched, a fiveft of the members of the state parliament must vote for this. The free residents themselves have 20 out of a total of 187 mandates.
SPD legal politician Franz Schindler. Image: Wikipedia / Tobias Klenze. License: CC BY-SA 3.0.
In order to get to the existing 38, theoretically, the 39 parliamentarians of the SPD could help. But their deputy faction leader Inge aures does not want that at least for the time being. Only remarks to the state parliament again say and answer, then you want to see further. The SPD legal expert Franz Schindler wants to keep the explanation of the case very principally from the state parliament and leave the courts. If the fraction of the free WAHLER is disciplined, the 19-Grunen deputies for the convening of a committee of inquiry. But even there you want to wait. Unspoken in the background remains the choice in the next year, where a Waid wound Beate Merk in the Cabinet the tacticians with SPD and Grununen probably more uses than a fresh Minister of Justice without attacks.