With an energetic speech, a judge at the Neubrandenburg Regional Court persuaded two defendants to confess to drugs more than four years after a drug search – and thus shortened and concluded the appeal process. The 33 and 39 year olds from Neustrelitz – the younger one has several previous convictions – then admitted during the trial that they had stored a kilogram of cannabis in a garage in the summer of 2020. Under criminal law, this is still considered illegal possession of drugs in “not small quantities”.
The public prosecutor did not want to accept the acquittal
The two defendants have now been sentenced – despite the new and more lenient cannabis legislation – in return for the confession in the second instance to fines that are already legally binding. “The acquittal of the district court in Waren is therefore overturned,” said judge Jochen Unterlöhner. The public prosecutor’s office appealed against the acquittal at the district court and was ultimately right.
Unterlöhner had spoken to the men’s conscience right at the beginning of the appeal hearing. “Things can turn out completely differently here in the second instance than in the district court,” warned the judge, referring to the files and the witnesses. The investigation revealed that the defendants had used a garage in a Neustrelitz complex that officially belonged to a relative. The officers were actually looking for a stolen moped, which they also found there.
Long ongoing drug investigation
The moped theft could not be proven for these defendants because more people are said to have had keys to this storage garage. But things were different with the three bags of cannabis. Traces of the men were found on the bags and drug paraphernalia, such as scales and packaging materials. Harder drugs were not discovered.
The process also took so long because the mandatory testing of the drugs for active ingredient content by the MV State Criminal Police Office alone takes around two years. According to Nordkurier information, this long investigation period is now delaying many legal drug proceedings.
When determining the fines, the judge first examined the defendant’s income situation and seemed very surprised. The 33-year-old man said he was a trained chef and now had four children, but had been unemployed for a year and a half. He lives on citizen’s money. “That seems strange to me. So many companies are looking for people who can cook. And you can’t find a job?” asked the judge, visibly incredulous.
Reminder for the rest of your life
Similar with the second defendant. He reported that he was a skilled construction worker and had most recently worked in landscaping. The 39-year-old, who has no criminal record, explained that he is currently a “househusband” and lives on the salary of his partner, who sells baked goods. But he doesn’t get citizen’s money. His partner has too much income for that.
In the end, the 33-year-old, who already has a number of previous convictions, received a fine of 1,500 euros (150 daily rates of 10 euros each), and the older man received 1,000 euros (100 daily rates of 10 euros each). The amount of the money installment always depends on the monthly income. From 90 daily rates, those convicted are considered to have a “previous conviction.”
In the end, all sides waived further legal remedies, so that the verdict became final. And Judge Unterlöhner couldn’t help but give the men something else to say: “When you start a family, at some point you have to support it with your own hands,” the judge warned.
