Freiburg (dpa) – In the murder of a jogger at the Kaiserstuhl, the Freiburg Regional Court has confirmed the reservation of preventive detention for the perpetrator. The judgment of the regional court of December 2017 remains unchanged, explained court president Andreas Neff on Wednesday. This means that preventive detention can be ordered retrospectively for the 44-year-old. Whether the prerequisites for this are met will not be checked until the end of his detention.
The Federal Court of Justice (BGH) had decided that this point contained a misleading formulation in the first judgment in 2017 and referred the decision back to the regional court. The guilty verdict, the life imprisonment and the determination of the particular gravity of the guilt remained unaffected, so they were 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.
The Innsbruck district court had also found the man guilty of the murder of a French exchange student in Kufstein in 2014. Since the maximum sentence had been imposed on him in Germany, no additional sentence was imposed by the Austrian judiciary. The truck driver had denied the act.
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.
© dpa-infocom, dpa: 210825-99-965981 / 2
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