Four romanian burglars must serve prison sentences of several years in a german prison. They were sentenced yesterday by the district court of bayreuth for particularly serious theft. A year ago, the thieves stole high-quality drill blanks and metal worth 165,000 euros from the AFC hartmetall company in mainleus.
No aggravated gang theft
In the opinion of the judges, the perpetrators could not be proven to have committed grand larceny. So the rumanian gang was not a gang in the criminal sense.
"In the name of the people chairman judge bernhard heim announced the verdict. The 1. The criminal court handed down the following prison sentences: four years for a farmer (48), who was also convicted of an attempted burglary in neuhausen near stuttgart, three and a half years for his nephew (35) and a construction worker (37), and three years for a car mechanic.
Testimony was rewarded
A fifth romanian citizen (32) got off with a two-year custodial sentence for aiding and abetting. He had harbored the four compatriots in his apartment near munich and had driven them to the scene of the crime in mainleus. The decisive factor, according to heim, was the early confession of the man, who provided the police with decisive information for their investigation. "So his statement was worthwhile", said home.
The criminals were motionless as they took note of the judge’s verdict. After the almost 45-minute sentencing, however, only the driver declared that he waived his right to appeal. The four other defendants, who were subsequently returned to custody, have one week to consider whether to have the verdict reviewed by the federal supreme court in appeal proceedings.
On the basis of the evidence and the investigation by the police, the court is convinced that it is clear how the murder took place on june 24, 1989. February 2019 the four hours after midnight expired.
Loot weighed almost a ton
"Collusion and in conscious and deliberate cooperation" the four manners broke into AFC. They had taken the loot – almost a ton – through a broken door to the mercedes van, which was parked on the back side of the business. The valuable cargo was sold abroad by the farmer and the car mechanic for a fraction of its value. The fifth man had brought the other two offenders back to munich.
For a serious gang theft, however, according to heim, a crime can not be proven with the necessary certainty. Here the chamber shared the assessment of the defenders. Several aspects, such as the number of perpetrators, spoke in favor of this.
But there is no evidence of a gang agreement to commit similar crimes in the future. It was also not possible to rely on the evidence that a VW sharan with a german license plate was purchased, because the purchase was made after the mainleuser crime.
In sentencing, according to the chairman, confessions, excuses and special susceptibilities – no knowledge of german and imprisonment far from home – were all weighted in favor of the defendants. The high level of theft and the enormous criminal energy that went into the crime had a negative impact.
The two early confessions of the car mechanic and the chauffeur were of great significance. "This is nothing special, but is always handled this way by this criminal chamber", explained home. Immediately after his arrest, the 32-year-old helper not only admitted his own involvement, but also named his accomplices. In addition to the clearing assistance, the favorable social and criminal prognosis had also spoken for a suspended sentence for preservation. "This makes it clear that such testimony is also worthwhile in the end", said the presiding judge and added 1500 euros to the man’s fine, payable to the albert schweitzer hospice in bayreuth.
The car mechanic received half a year’s penalty discount from the four main employers. His confession, as the court emphasized, also has a special value. The man had not only confirmed the helper’s statements and identified the others involved, but had also contributed to clear evidence, so that it also seemed advisable for the other defendants to admit their involvement in the crime.