Freiburg (dpa / lsw) – After the murder of a jogger in a forest near the Kaiserstuhl, the Freiburg Regional Court has to negotiate again on the question of preventive detention of the perpetrator. Starting today (8:30 a.m.) it will be a question of whether the 44-year-old has to stay in prison after the end of his imprisonment. The Federal Court of Justice (BGH) had decided that this point had not been adequately justified in the first judgment in 2017 and referred the decision back to the regional court. The guilty verdict, the life sentence and the determination of the particular gravity of the guilt remained unaffected, so they are not part of the trial.
The truck driver from Romania had confessed to having raped and killed his 27-year-old victim in November 2016 in a forest in the vineyards of the 9,000-inhabitant town of Endingen. Seven months after the crime, he was arrested in a freight company in Endingen. The investigators had tracked down the father of three children by evaluating truck toll data.
According to a court spokesman, one point in the hearing is likely to be a judgment from Austria. The Innsbruck district court found the man guilty of the murder of a French exchange student in Kufstein in 2014. Since the maximum sentence was imposed on the man in Germany, no additional sentence was imposed by the Austrian judiciary. The truck driver had denied the act. A decision in Freiburg could be made on Thursday.
In contrast to detention, the courts do not impose preventive detention as a punishment but as a preventive measure. It is intended to protect the population from perpetrators who have served their actual sentence for a particularly serious crime but are still considered dangerous. The perpetrators can theoretically remain locked up indefinitely. The conditions must be significantly better than in prison. In addition, there must be a larger range of therapies and support.
© dpa-infocom, dpa: 210824-99-953025 / 2
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