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Partial reversal of verdict in Volkmarsen's rampage case

A man who drove into spectators during the Rose Monday parade in Volkmarsen in 2020, resulting in his lifetime imprisonment, may no longer face preventive detention, as per a recent court ruling.

Blick auf das Auto (M), das in einen Rosenmontagsumzug gefahren ist.
Blick auf das Auto (M), das in einen Rosenmontagsumzug gefahren ist.

Illegal Activity - Partial reversal of verdict in Volkmarsen's rampage case

The Kassel District Court recently made a decision regarding a case where the driver from Volkmarsen was found guilty of attempting murder. The initial verdict sentenced him to life imprisonment, along with a special severity designation and a reservation for preventive detention. However, on Monday, the court decided to remove the regulation concerning possible preventive detention, following a review at the request of the Federal Court of Justice (BGH).

The court stated that while the man did commit the crime, he had no prior convictions and had not displayed any violent tendencies in other instances, even while in custody. It was not concluded whether he possesses the tendency to engage in more criminal activities.

In line with the principle of proportionality, the court also mentioned that the perpetrator is already serving a life sentence. Based on the determination of the special severity of guilt in the initial verdict, the possibility of early release after 15 years is legally allowed, but practically nearly impossible.

The incident in question happened during the carnival procession in Volkmarsen, Waldeck-Frankenberg district. A 29-year-old man intentionally drove his car onto the sidewalk, causing injuries to nearly 90 people, including 26 children. As a response to the first judgment from 2021, the man filed an appeal against his sentence. The Federal Court of Justice ruled the life imprisonment to be valid in March, but also instructed the Landgericht to re-examine the issue of the reservation for ordering preventive detention.

The 10th Large Criminal Chamber then focused solely on whether the criteria for reserving the ordering of preventive detention were met. Preventive detention following the completion of the prison sentence is not a punishment, but a preventative measure if the perpetrator is still considered hazardous.

Read also:

  1. The case of the Volkmarsen rampage, where a man intentionally drove into a carnival procession causing injuries, is currently under review at the Kassel Regional Court following a request from the Federal Court of Justice in Germany.
  2. The man, who was initially sentenced to life imprisonment for attempted murder, had no prior convictions and displayed no violent tendencies, leading the court to remove the regulation concerning possible preventive detention.
  3. The incident took place in Volkmarsen, Hesse, during the carnival procession in the Waldeck-Frankenberg district, resulting in injuries to nearly 90 people, including 26 children.
  4. While the assailant is currently serving a life sentence, the Regional Court in Kassel is considering whether to impose preventive detention after completion of his prison term, as he could potentially pose a threat to society.
  5. The Federal Court of Justice in Germany will continue to monitor the processes related to this case, ensuring that the principle of proportionality and the welfare of the German people are upheld in the wake of this violent crime in Volkmarsen.

Source: www.stern.de

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