Title: Double Murder Convict's Civil Lawsuit Challenge Swiftly Dismissed
In a swift and decisive move, a double murderer's challenge in civil court proceedings was rejected. Recently in Frankfurt, the Higher Regional Court (OLG) upheld an initial ruling that ordered Andreas Darsow, the convicted felon, to pay an approximate 68,000 euros in damages to the state of Hesse. These payments cover medical treatment costs and orphan's benefits.
Post the hearing, Darsow's Babenhausen-based lawyer, Sina Moslehi, announced intentions to launch an appeal at the Fedral Court of Justice, citing the decision not to entertain an appeal in the civil case.
The Court's Verdict
The presiding judge delivered a straightforward verdict, "The appeal is denied." The state's claim for damages was validated, mainly due to the need to recoup medical treatment expenses and orphan's pension. The court refused to reevaluate the new evidence presented by Gerhard Strate, Darsow's former defense attorney, citing that it added no substantial weight to the case. The OLG remained unwavering in their attribution of responsibility to Darsow, stating that the available circumstantial evidence did not allow for the possibility of third-party involvement.
Losing Hope for a Criminal Case Retrial
Darsow's family and legal team harbored hopes for a retrial given the potential for new evidence pertaining to silencers. However, stringent regulations governing such cases have proven to be an obstacle for over a decade. Darsow's wife, along with the 54-year-old convict, continues to persist in her belief in his innocence while advocating for a retrial.
Despite their disappointment with the OLG ruling, which validated the initial verdict, Darsow's wife pledges to continue diligently investigating the case, claiming critical details were overlooked in the initial investigation.
Attempts to Intervene Fall Short
Every attempt to introduce new evidence and challenge the criminal proceedings has failed. Both the Kassel Regional Court and Frankfurt Higher Regional Court have rejected retrial pleas, while the Federal Constitutional Court in Karlsruhe declined to consider a constitutional complaint regarding the case last October. Clearly, the civil proceedings have failed to provide a resolution for Darsow.
Enrichment Data:
Although details about Andreas Darsow's double murder case are scarce, we can analyze the procedural aspects of criminal appeals in Germany:
- First Instance Decision: After a trial at a lower court (Landgericht or Amtsgericht), a ruling is delivered. If the defendant is found guilty, they may file an appeal within a specified timeframe.
- Appeal to Higher Regional Court (Oberlandesgericht): Darsow's defense team could have appealed the decision to the higher regional court, requesting a review of any procedural errors or unjust verdict.
- Second-Level Appeal: If granted permission, the case could have been appealed to the Federal Court of Justice (Bundesgerichtshof or BGH). However, if the higher regional court denies the second-level appeal, a non-admission complaint (Nichtzulassungsbeschwerde) could be filed against the denial.
- Proceedings Duration: The proceedings could have lasted for several months or even years, depending on the court's decision-making process.
- Final Decision: The BGH would render the final decision on the appeal, potentially resulting in a retrial or an overturned conviction.
Although the details of Andreas Darsow's case remain unclear, it's essential to understand that the procedural aspects of criminal appeals in Germany have specific steps and considerations, which may vary depending on the circumstances of the case. The progression of Darsow's case may not necessarily follow the guidelines mentioned above, as every criminal trial is unique.
