Cologne - Police officers acquitted of charges of assault
The Cologne Regional Court has acquitted five police officers of the charge of common assault in the line of duty. "The officers are not responsible for the injuries sustained by the injured party because the operation was lawful," said the presiding judge at the sentencing in the criminal trial in Cologne on Wednesday.
With the acquittals, the court followed the motions of the defense lawyers. The public prosecutor's office had demanded suspended sentences of more than one year against two officers who, in their opinion, were the main perpetrators. This would have meant the removal from duty for these two officers.
The men, aged between 25 and 42, were accused by the public prosecutor's office of knocking down, punching and kicking a drunk 59-year-old man in April 2021 without any basis in police or criminal law. Prior to this, the man had "ranted" at the officers on the sidelines of an operation, as the verdict stated.
The 59-year-old died just under two months after the incident. A forensic medical report found no causal link between the police operation and the man's death. The fractured ribs suffered in conjunction with significant pre-existing illnesses had contributed to his death. The Cologne Regional Court therefore ruled that this could not be attributed to the officers.
Two of the officers were also charged with persecuting innocent people. The public prosecutor's office had accused them of making a false report against the 59-year-old following the operation. The men were also acquitted of this charge.
Only one officer was found guilty of betraying official secrets and warned by the court. He is alleged to have passed on information from the police computer to third parties without authorization. The court reserved the right to impose a fine of 2800 euros.
The verdict is not final, an appeal to the Federal Supreme Court is possible.
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- Despite the public prosecutor's office in North Rhine-Westphalia demanding suspended sentences for two officers due to their alleged role in the incident, the Cologne Regional Court acquitted them of charges related to bodily injury.
- The police officers, who were charged with common assault, were acquitted by the Cologne Regional Court because the court deemed their actions to be lawful, despite the severe injuries sustained by the 59-year-old man.
- The Cologne Regional Court ruled that the 59-year-old's death could not be attributed to the police officers, as the fractured ribs and pre-existing illnesses were found to be the contributing factors.
- Two officers were also acquitted of the charge of persecuting innocent people, after being accused of making a false report against the 59-year-old by the public prosecutor's office.
- The Cologne Regional Court handed down a warning to one officer for betraying official secrets, as he was found to have passed on information from the police computer without authorization.
Source: www.stern.de
