from the Regional Court of Braunschweig
Indictment for rape, sex. Abuse received
The Regional Court of Braunschweig confirms the receipt of an indictment of the Public Prosecutor's Office Braunschweig with five acts against sexual self-determination against a 45-year-old defendant.
Regarding the content of the charges, reference is made to the press release of the Braunschweig Public Prosecutor's Office dated October 11, 2022.
The indictment comprises more than one hundred pages.
For reasons of presumption of innocence and protection of personality, no further details of the specific charges will be disclosed by the Regional Court.
According to the business allocation plan of the Regional Court, the 2nd Criminal Chamber is responsible for the proceedings as the Juvenile Protection Chamber (file number 2 KLs 213 Js 52790/18 (15/22). In the interlocutory proceedings now commencing, the 2nd Criminal Chamber will first serve the defendant and his defense counsel with the indictment. This will give them the opportunity to comment on the charges brought by the prosecution, to raise objections to the opening of the main proceedings and/or to request the taking of evidence.
In the so-called intermediate proceedings, the chamber examines whether the indictment will be admitted and the main proceedings opened. It is not possible at present to give a time forecast as to the duration of this examination. The court decides to open the main proceedings if, according to the results of the preparatory proceedings, the defendant is sufficiently suspected of having committed criminal acts through his conduct. Sufficient suspicion exists if a subsequent conviction of the accused appears probable with the available admissible evidence. The interlocutory proceedings end with a decision by the chamber on whether or not to open the main proceedings in the form of an order. Only when the court opens the main proceedings will the chamber subsequently set dates for the main hearing and make decisions on the organizational course of the main hearing.
The defendant is currently in criminal custody on the basis of a judgment of the Regional Court of Braunschweig (file number 1 KLs 71/19, sentence to a total term of imprisonment of 7 years).
The Criminal Division will still have to decide on the issue of issuing an arrest warrant against the defendant in these criminal proceedings.
Due to the current workload of the 2nd Criminal Chamber with main trial dates in already pending criminal proceedings with so-called detention cases (in which the defendants are in pre-trial detention and detention review dates are pending promptly), a start of the trial, insofar as the main trial is opened, is not to be expected this year.
Notice:
A press release will be issued as soon as a decision has been reached in the interim proceedings. We kindly ask you to refrain from further inquiries, as in view of the state of the proceedings, no further information on the proceedings will be provided either by telephone or in writing at present.
Thank you for your understanding!
Contact:
Judge at the Regional Court
Maike Block-Cavallaro
Press spokeswoman
District Court Braunschweig
Münzstrasse 17
38100 Brunswick