There is no reason to take the alleged perpetrator into custody. This is how the investigating judge assessed the case of attempted rape in herzogenaurach last weekend.
Sunday night, around 2 a.M.30 o’clock, according to the police, an 18-year-old man chased a woman who was on her way to fub in the street at hirtengraben and then attacked her. According to police, he held her down and tried to rape her. When she resisted and called for help, he pushed her to the ground, seriously injuring the victim.
Local residents came to the rescue and held the man until the police arrived. As the polizeiprasidium mittelfranken informs on inquiry, it concerns with the man a german, who has at the same time the US-american citizenship.
Police spokeswoman alexandra federl did not want to say anything about the place of origin. But he was from the region. The investigation against the man is currently ongoing. Details of the incident could therefore not be given.
The fact that the 18-year-old was released and not taken into custody was met with incomprehension by many readers of the police report on the internet. In response to a question from the frankischer tag, senior public prosecutor antje gabriels-gorsolke explains how this decision came about.
No serious reasons
Initially, the prosecutor on standby filed a motion to take the 18-year-old into custody. The competent investigating judge, however, had indicated that she saw no reason to justify a custody order and would probably reject the application. As a result, the public prosecutor’s office withdrew its request for custody. The judge gave several reasons why he should not be held in custody, says the public prosecutor.
The suspected perpetrator had just turned 18, which is why he should be treated as an adolescent under criminal law. Since he is a german with a permanent residence, there is no risk of flight. Moreover, it is not yet "criminally significant" appeared, according to gabriels-gorsolke. Another point was that the 18-year-old "showed a lot of cooperation" had, when the police arrived.
The chief public prosecutor defends the decision of the investigating judge, which is comprehensible in a legal sense. There had to be serious reasons for a U arrest. Since there were no previous convictions, it was not to be expected that this could be a repeat offence. In addition, there was "no concrete danger that he would evade the proceedings."
"Protection of victims is not a reason for liability"
And what about the sacrifice? According to the police, the woman had to be taken to a clinic and was treated as an inpatient. The suspected perpetrator is at liberty. "Victim protection is not a reason for imprisonment", declares the senior public prosecutor. The rules on when detention under investigation is appropriate are very narrowly defined, and for good reason.
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