Adhesion procedure - Jewelry theft: Court sets value for court costs
In the case of the theft of jewels from the Green Vault in Dresden, the Dresden Higher Regional Court (OLG) has significantly reduced the amount in dispute for the so-called adhesion proceedings. According to an announcement by the OLG on Wednesday, the value of the court costs has been reduced from 89.3 million euros to around 316,000 euros. This sum is decisive for determining the lawyers' fees. Previously, there had been speculation that the Free State would have to pay millions of euros in costs to the defendants' lawyers because it was unable to fully prevail with its adhesion action at Dresden Regional Court.
In adhesion proceedings, civil law claims arising from a criminal offense can be asserted directly in the criminal proceedings. In the case of the burglary of the Green Vault in November 2019, the amount in dispute was initially put at around 114 million euros. The Free State later claimed around 89 million euros in damages in the adhesion proceedings - for the missing jewelry as well as for repairs to the destroyed display cases and damage to the building. Although the criminal division of the regional court affirmed a general claim for damages, it rejected the costly valuation by means of an expert report, citing an unreasonable delay in the process.
The theft of art from the Treasury Museum in Dresden's Royal Palace made international headlines. The perpetrators had stolen 21 pieces of jewelry with diamonds and brilliants worth more than 100 million euros and also caused extensive damage to property. In mid-May 2003, five young men from the well-known Berlin Remmo clan were convicted as the perpetrators by the Dresden District Court and appealed. In the course of explorations for a possible agreement between the defense, prosecution and court, a large part of the loot was returned at the end of 2022. However, the most valuable items are still missing today. Several of the returned items were damaged.
When determining the value of the object, the Higher Regional Court now only referred to the sums incurred by the Dresden State Art Collections as a result of the destroyed display cases and the damage to the museum building. They only amounted to 315,921.94 euros, it said. According to the decision of the Dresden Regional Court, the convicted perpetrators are obliged to pay for the damage caused by the burglary. However, the Free State would have to sue for the money separately under civil law.
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Source: www.stern.de
