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A process between character assassination and insult


District Court of Würzburg: Pensioner claims to have been ripped off when buying a house – proceedings should be discontinued

WURZBURG

June 10, 2022 – 6:55 p.m

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It was “only” about insults, but the presiding judge Thomas Trapp at the Würzburg district court wanted to break off the attempt to bring about peace in a Spessart community after more than an hour without success.


At the end of the process, it no longer mattered whether “dirty pig” was really said, in combination with fraudsters and the like, or “just scumbag”.

The 4th Criminal Chamber of the District Court of Würzburg is the court of appeal responsible for judgments of the District Court of Gemünden. There, a pensioner (67) with no criminal record was sentenced to a fine of 1,200 euros in two cases in October 2021 for insult. Their victims were a mayor and an architect. After the hearing in Würzburg, however, the following applies: If the woman transfers 600 euros to the animal protection association by the end of July, the procedure will be discontinued. She would then remain “not a criminal record”.

“Bruchbude”

No matter what the woman from the Main-Spessart district said or wrote, according to the court, there was an unpleasant history. The woman once bought a house in the village, the court spoke of a “ramshackle shack” that had previously been empty for a decade. The woman, who does not live in the village, later felt misinformed by the community and others, “cheated,” lied to, and plunged into financial adventures. According to the reasoning, serious deficiencies were concealed from her. For example, if the house is in a source area and therefore quickly gets flooded when it rains – with an increased risk of mold.

At the purchase price of 30,000 euros, she was told that such a good opportunity would not come again. According to the woman, promises regarding the amount of grants from the renovation of the old town were also incorrect.

Many nights awake and crying

According to the defendant, she put over 300,000 euros into gutting and remodeling the house. The “trappings with those involved” fill files. The woman says that what is said of her constitutes character assassination. She still spends many nights awake and crying because of the consequences of buying a house. During the hearing, the judge now proposed umpteen texts that could be used to end the process in a “peace-making” manner. The accused should assure that she is sorry for what she has sometimes said and written, that she wants to draw a line and have peace in the future and will give peace.

The judge did not even risk the suggestion that the mayor, who had been called as a witness, shake hands with him to confirm this promise. On several occasions, the accused very briefly agreed with the judge’s suggestions, but then followed up with a “but”. Looking back, she regrets some of the remarks, she said, some things she wouldn’t say or write like that anymore. But: She was in an exceptional psychological situation. “I was beside myself,” said the woman.

The defender also suggested the closing line variant to his client. The chief public prosecutor indicated, with slight reluctance in view of the previous history, that he would not block the termination of the proceedings. The accused then said “yes” to the line, to the rest and to transfer 600 euros to the animal protection association.

But the next »construction site« is already in the offing. The woman has to clear a ten meter long and four meter wide strip of thistles that are several meters high on her property. However, you have now determined that the hedge is on community ground.

FRANZ BARTHEL


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