Title: BGH Overturns Verdict in Fitters' Apartment Violence Case
The Federal Court of Justice (BGH) has reversed a decision made by the Hamburg Regional Court in a case involving a serious act of violence in a fitters' apartment back in August 2022 (Ref.: 5 StR 80/23). The Hamburg Regional Court sentenced a co-defendant to ten months in prison for failing to intervene, but the public prosecutor's office appealed, leading to the BGH's newest ruling published on August 2.
According to the original ruling by the Hamburg Regional Court, a 35-year-old main perpetrator was sentenced to seven years and ten months in prison for causing grievous bodily harm and other related charges. Both the main perpetrator and the victim were Polish construction workers for a demolition company at the time.
In contrast, the same court acquitted the 36-year-old co-defendant of aiding and abetting charges and granted him an excusable state of emergency. The court reasoned that the co-defendant feared being abused by the younger perpetrator himself. However, according to the recent BGH judgment, the regional court erred in granting the excusable state of emergency.
The BGH believes that the regional court should have assessed if the co-defendant had any other means available to avert the danger posed by the young perpetrator. For instance, the defendant could have sought help from the two roommates present in the kitchen or threatened to call the police.
The BGH has criticized the Regional Court's judicial error and mandates that a new jury chamber at the regional court reconsider the possibility of alternative actions that the co-defendant could have taken to prevent the danger.
By adhering to these new guidelines, the regional court can ensure a more comprehensive and balanced appraisal of the case, ultimately minimizing the chance of misjudgments in future trials.
