Title: Civil Lawsuit Against Accused Double Murderer Upheld
In a swift courtroom decision, a convicted double murderer's appeal in civil proceedings was dismissed. The Higher Regional Court of Frankfurt (OLG) confirmed the initial verdict that ordered the convicted felon, Andreas Darsow, to pay damages to the state of Hesse, totaling approximately 68,000 euros. This amount includes expenses related to medical treatment and orphan's benefits.
After the hearing, Darsow's Babenhausen-based lawyer, Sina Moslehi, declared their intention to appeal to the Federal Court of Justice in response to the decision not to permit an appeal in the civil case.
The Ruling in Detail
The presiding judge stated bluntly, "The appeal is denied." The court asserted the state's legal claim for damages, primarily centered on reimbursing medical treatment expenses and orphan's pension. The OLG rejected the request, made in early November, to reevaluate new evidence presented by Gerhard Strate, Darsow's previous defense attorney. The court remained unwavering in their conviction that Darsow was responsible for the crime. "The circumstantial evidence does not allow for the possibility of a third-party's involvement," the judge explained, as Darsow had a motive and opportunity to commit the crime.
Hopes for a Retrial Fade
The convicted murderer's family and legal team had hoped that possible new evidence pertaining to silencers would offer grounds for reopening the criminal proceedings. However, the strict rules regarding such cases have proved challenging for over a decade. Darsow's wife has tirelessly advocated for a retrial along with the 54-year-old convict, who maintains his innocence.
Despite their disappointment with the OLG ruling, which reaffirmed the initial decision, Darsow's wife has vowed to continue investigating the case thoroughly, believing that critical details were overlooked during the initial investigation.
Previous Legal Efforts are Useless
So far, all attempts to introduce new evidence and reopen the criminal proceedings have been unsuccessful. Both the Kassel Regional Court and Frankfurt Higher Regional Court have denied retrial requests, while the Federal Constitutional Court in Karlsruhe declined to consider a constitutional complaint regarding the case in October 2020. The civil proceedings have thus far offered no solution to Darsow's predicament either.
Enrichment Data:
In the absence of specific details about Andreas Darsow's case, general German civil procedure guidelines can be outlined:
- Initial Appeal: If the losing party in a civil case chooses to appeal, a request for reconsideration (Erinnerung) or an appeal (Beschwerde) must be filed with the German Federal Patent Court within one month of receiving the contested decision.
- Second-Level Appeal: If the Federal Patent Court's decision is disputed, it can be further appealed to the German Federal Court of Justice (Bundesgerichtshof or BGH), but this requires explicit permission to be granted; failure to acquire permission can result in a non-admission complaint (Nichtzulassungsbeschwerde) being filed against the denial of a second appeal.
- Proceedings Duration: The decision-making process of the DPMA (German Patent and Trademark Office) is known for its slowness, and appeal proceedings can last up to 12 months or more, but if an appeal decision is taken to the BGH, the duration of the proceedings becomes significantly longer, at least an additional 24 months.
Since the details pertaining to Andreas Darsow's case are unknown, it is impossible to accurately predict the possibilities or proceedings of an appeal at the Federal Court of Justice in Germany. These guidelines apply to intellectual property cases and do not specifically concern criminal activities or appeals involving similar charges as Andreas Darsow's.
