Although there are some people so stand up, but Germany has no law-free zone.
What happened?
A (new) client called on me a bit broken. "We have revoked his probation in force, because he had not met the Bewährunsgauflage. Now he should (still) remaining four months in the JVA.Einige Lawyers here in the district would have been rejected. to help him because the case was hopeless.
Something made me perk up : The client spoke of the court date was 2008, the judge made him a fine edition, but all of the following courts would say that he must complete 90 hours of community. He had not (!) Completed.
mistake or wishful thinking a client? He finally had already received an unfriendly invitation of the JVA. (!)
After I had received with some difficulty the file in the so-called Bewährunsgheft and the principal Act, the following picture:
I the principal Act n there was a clear hand-written decision of the judge: 'probation in exchange for money edition ". In the probation issue there was such a decision "to community service probation.
So a simple but momentous transmission error of the Court Clerk, for only (!) The Bewährunhgsheft was in the aftermath of the law enforcement authorities and the Chamber of the Landgericht sent and one relied simply on what was in the file.
After I found that was an unusual rush into my office:
petitions and hearing defects pursuant to § 33a Code of Criminal Procedure to a significant extent and many plants were under way, although both have no suspensive effect.
But only 5 days later, I received today the transfer of the grace of office:
the enforcement of the sentence suspended until a decision by the grace of office except enforcement
From now on I am greeted by the client as follows:
0 comments:
Post a Comment