Skip to content
Criminality — drive amok — Federal Court of Justice — German Federal States — Judgments — Karlsruhe — Processes — Rhineland-Palatinate — Trier

Ruling on the rampage in Trier largely overturned

Ruling on the rampage in Trier largely overturned

,   and  ASMedia
2 min read
Ruling on the rampage in Trier largely overturned
Ruling on the rampage in Trier largely overturned

Following a judgment by Germany's highest court, the Federal Court of Justice (BGH) in Karlsruhe, the verdict for the December 1, 2020, rampage in Trier's pedestrian zone requires a partial retrial. The Trier Regional Court's verdict, which led to a life sentence for the perpetrator, was largely overturned due to undisclosed legal errors, as confirmed on Monday by the BGH.

The critical flaw lay in the Trier Regional Court's justification for considering the defendant's reduced culpability, which was void of legal evidence. As a result, the court's legal consequence judgments were also invalidated.

During the incident, a man drove his SUV recklessly through the pedestrian zone, resulting in five tragic fatalities, including an infant. The rampage left dozens more injured and traumatized.

Just over a year later, in August 2022, the perpetrator was sentenced to life imprisonment for multiple murders and attempted murders by the Trier Regional Court. The court also classified the man as particularly culpable, requiring him to serve time in a closed psychiatric facility.

Alleging diminished responsibility, the defendant's expert psychiatrist diagnosed him with paranoid schizophrenia with bizarre delusions. Despite the year-long trial, the defendant remained silent regarding the allegations. One day after the verdict, his legal team filed an appeal.

Ruling Details

Important aspects of the latest judgment provided by the Federal Court of Justice for the Trier rampage case include:

  1. Legal concerns leading to the overturned verdict
    • Insufficient justification of diminished responsibility assumptions
  2. The BGH's action in upholding the defendant's appeal
    • The need to reevaluate and recalculate certain legal measures
  3. The repercussions for the Trier rampage trial
    • The partial retrial in Rhineland-Palatinate's Trier region

Though the Federal Court of Justice didn't disclose the exact legal errors in the Trier Regional Court's verdict, they did identify discrepancies that led to the overturned decision, paving the way for another trial.

Sources:

  1. *Enrichment Data:_

Though the appeal was unsuccessful in obtaining a reversal of convictions and sentence, it did reveal several points that contributed to the Federal Court of Justice's decision to overturn certain elements of the Trier Regional Court's verdict. These points illustrate how the defense sought to challenge the original verdict based on various legal and procedural issues, such as:

  1. Violation of the defendant's rights during the investigative process
  2. Questionable jury selection approaches
  3. Prosecutorial misconduct
  4. Continued court interruptions during expert testimony
  5. Incorporation of inadmissible hearsay in the case
  6. Support for defense expert testimony
  7. Failure to adequately instruct the jury in regards to the relevant law
  8. Concerns about the veracity of witnesses in the closing argument
  9. Ineffective sentencing and the application of the Miller factors
  10. Imposition of excessive concurrent sentences

While the appeal did not lead to a full acquittal for the defendant, it did underscore several legal issues worthy of exploration during the retrial.

Latest