Gabriele Bohnacker is a lawyer and knows how criminal cases proceed. It comes to the guilt or innocence of a defendant. His personality, his character, his resume and how he could be so far from the way that he ends up in court. It is a possible motive, and therefore to make a fair judgment.
The victim moves during a criminal process in the Background. For the members of the endure is often difficult. For the parents of a killed child, it must be unbearable – besides all the harrowing Details, which promotes the taking of evidence to-day.
It must have cost you Gabriele Bohnacker power, every day of the trial in the land court only a few metres pour away from the man’s place, took her in the most brutal way, her daughter Johanna. Gabriele Bohnacker, it can seldom say.
But on this day of the trial, the process involved in their pleadings and penalty receivables, to announce, she wants to shift the focus of this procedure on the Person, actually: her daughter, Johanna, and their eight-year-old child, Rick J. on 2. September 1999 tugged in the Hessian town of Ranstadt-Bobenhausen by the wheel, stunned, in his car was kidnapped, and possibly in a remote place abused and killed.
The 42-Year-old is charged with murder and serious sexual abuse of children.
the accused J., lawyer Krechel
Gabriele Bohnacker begins: “The criminal case is the stage of the perpetrator and not the victim.” It is a quote. “I think it came from you, Mr Krechel?” She looks to the defenders of the alleged murderer, Uwe Krechel, eloquent, extrovert man.
None of the perpetrators was done wrong, says Gabriele Bohnacker and explains how you can see Rick J.: as a failed existence, intelligent, self-glorious, free of empathy. “A loser who has played Lord of life and death.” A, the structure of a Lie-have to cope to build. “As it was, in fact, only he knows.” Rick J. had shown no remorse, no shame.
you are suffering up to today
Gabriele Bohnacker is reminiscent of her daughter Johanna, who was before the act came in the second class. Your friends, your schoolmates, would not have understood their brothers and sisters what had happened; that Johanna will never come back. The fear of being a victim. It was the end of carefree Childhood.
“suffering of The family and closest friends still, even under the suspicion”, says Gabriele Bohnacker. Up to the arrest of Rick J. in the fall of 2017, all have been under suspicion. “We have mourned Hanna, you are incredibly missed and suffered. But we, too, were always suspected.” With this circumstance, you should be finished.
Gabriele Bohnacker speaks of a “flagrant” nick for Johanna’s sisters; a cut that would affect the life of the family today. The hope of the mother, it is that the two will be able to conclude after the ruling. It sounds like you have this hope, as your skepticism but larger.
Johanna, the youngest of three sisters, today would be 27 years old. Your mother asks: Have you studied? You would have children? You would be the wife? “I still have your voice in the ear. I see you sitting at the table when eating.” So many memories that accompany it, sometimes, delight, more pain.
The claim:
Nine minutes Gabriele Bohnacker speaks. Nine minutes into the heart of every listener. Nine minutes for your child, the victim.
Johanna had been at the wrong time in the wrong place, says the mother. A knowledge that will not ease the pain of the family. “Such a senseless death,” says Gabriele Bohnacker at the end of your statements. “For her killer to atone by a life-long sentence, the rest of his life.”
her lawyer Dietmar Small, includes largely with the remarks of state’s attorney Thomas Hauburger, had argued in its pleadings before impressive, why is the death of Johanna’s was no accident, but murder.
Hauburger calls for a Vegabet sentence of life imprisonment for Rick J. “The question is whether their guilt is especially difficult to weigh?”, he calls out to Rick J., sitting by him directly opposite. Rick J. remains in the Position in which he is sitting there since 9: 29 PM: The glance is lowered, a ball-point pen in the right Hand, as he was writing. If he does not.
The fact, have dragged on for a long time, stresses Hauburger. Rick J. was in “particularly selfish way, about the life of a claim” of the child. So, as Rick J. in a hearing given was: “I wanted a girl and was a girl.”
A cyclist at the time, Johanna’s bike saw, in the middle of the way. You must have been abducted according to the reconstruction of the investigators, a Minute before. Rick J. commented this way: Would the cyclist a Minute earlier, he would not have kidnapped Johanna. “Now who’s to blame, Mr. J.: you or the cyclists?”, ask Hauburger cynical and applied for the particular Severity of the fault.
the background of life imprisonment
The highest penalty that can be imposed by a court in Germany. In the case of murder it is mandatory. But also in other particularly serious crimes, such as rape resulting in death, the judgment ?for life?. In the strict sense of the word, the offender will be imprisoned permanently. With a view to the people, he must have a concrete Chance would come later. The sentence of life imprisonment can therefore be suspended after 15 years for probation. The offender, however, comes only when you look at him as no longer dangerous. A reviewer will be consulted and the need for security of the population is taken into account.
special Severity of guilt
The early release on parole after 15 years will be eliminated in the rule, if the court has determined in the judgment of the ?particular Severity of guilt?. The judges must acknowledge this fact, and the personality of the offender. Check whether circumstances exist that can Suspend the sentence to life imprisonment, after 15 years of inappropriate. This can be a particularly brutal action, sadistic motives of the perpetrator or the murder of several people by a fact. A particularly heavy debt is determined, you must specify the execution of criminal penalties of the chamber after 15 years, the further minimum period of detention. Also in this case, the Convicted person no longer is only free if he is considered dangerous, provided he wants to come.
preventive detention
Under certain conditions, the court may order, in addition to a sentence of imprisonment subsequent preventive detention. It comes in both life-long as well as shorter deprivation of liberty into account. This serves only for the protection of the public from dangerous offenders. Persons in preventive detention have to be separated from the prisoners housed. They have better everyday conditions, and are intensively supervised. It is regularly checked whether the placement is still necessary.
the arrangement of The preventive detention in addition to a life sentence seems superfluous. Because as long as the offender is dangerous, he must remain in prison. And he is no longer dangerous, he is not in preventive detention, but after at least 15 years on probation. The decision is still pointless: The offender must then be offered in the prison, a comprehensive therapeutic care. In addition he can be to his possible dismissal longer and more intensively monitored.
special case in adolescent
Whoever responsible was a criminal Offence already of age but not yet 21 years of age, as a so-called adolescent met in a youth process. The court finds that the offender standing in his development a young person is equal, it can impose a maximum of ten years ‘ youth penalty, in the case of a murder, and an especially heavy debt of up to 15 years. If the judges see no maturity delay, apply normal adult criminal law. Even then you may not convict the perpetrator for murder instead of life imprisonment to ten to fifteen years. Preventive detention may not be ordered in the case of adolescents, in addition to the penalty that the court may reserve this only to??. The actual decision will then be made just before the end of the penal system.
The defenders Uwe Krechel and Thomas Ohm, describe their clients as the son of a good house, with the best conditions, had, by his excessive drug use nothing in the handle. The “hinvegetierte in perfect Alienation and Dissozialität”, without corrective, completely isolated and disoriented. You plead to manslaughter and apply for a institution placing in a detoxification. A sentence you don’t call.
The last word, Rick J. It is a fundamental right, the same right of the accused. He can’t put it on his defender, only to personally perceive. It is his right to be heard, his last opportunity to respond to the accusations against him. The alleged perpetrator remains until the end of criminal proceedings in the center.
Rick J. makes it short. He seems for the first Time in this process is seriously upset. “In view of the suffering and pain I’ve caused, everything that could I say now to sound ridiculous.”
Gabriele Bohnacker looks at him from the side. As the presiding judge ended the session, she gets up and puts on her coat. Together with her lawyer leaving the court.