Grandma steals blueberries for 3,98 Euro and must be in jail: Why the verdict is correct

if you are looking for alleged Evidence of an incompetent, overreacting and unfair justice, here's a wonderful example: In Bavaria, a Pensioner was convicted

Grandma steals blueberries for 3,98 Euro and must be in jail: Why the verdict is correct

if you are looking for alleged Evidence of an incompetent, overreacting and unfair justice, here's a wonderful example:

In Bavaria, a Pensioner was convicted to two months imprisonment without parole. The district court of Traunstein and, later, the district court saw it as proven that the woman had stolen blueberries in a supermarket two packs. Shopping Value: 3,98 Euro.

Not even four euros, the damage was so – nevertheless, the thief, refers to 600 Euro old-age pension must, in custody.

Oma-judgment: Is mad the justice in Bavaria completely?

The vast majority of people who hear for the first Time of the judgment, will find it deeply unjust, Yes, scandalous. Far and wide get away with a lot of thugs and rapists released on parole. Even many business leaders who have invested Millions in the own pocket, never see a jail from the inside.

And now it meets, of all things, a poor Granny? It begs the question: Tick the correctly in Bavaria? Is mad the justice in the free state now?

memories of Pfandbon-the case of the cashier "Emmely"

At first glance, the blueberry-Steal is reminiscent of other, similar spectacular cases, made in Germany in the headlines and in court landed. The case of the supermarket-cashier "Emmely", which was released after 31 years of service, because they had used two-at-heart Pfandbons lie in the value of 1.30 euros. Or an old nurse who had inserted, in spite of prohibition according to the distribution of food to the residents of six leftover dumplings in the value of four euros.

Each Time the theft of low-value items of significant work - or even criminal-legal consequences for the perpetrators, is the Outcry in the media. After the blueberry judgment of Traunstein, the word "scandal judgment quickly made" in the round. The judiciary, the Tenor, let the big Criminals often have to run, bring but a Pensioner because of a annulment behind bars.

Pensioner was the police and the judiciary well-known serial thief

According to FOCUS Online searches, the court removes decision-making, however, is miles away from a scandal-judgment. Rather, the competent lawyers had valid reasons to punish the wife accordingly.

the 68-year-old Gabriele C. was not a first offender, but the police and the judiciary well-known serial thief who had been repeatedly sentenced to fines and probation. On top of that, the court took the trouble to let the defendant by a physician psychiatric review, the debt ability to determine.

The case is more complex than some Headline in the tabloid media suggests. FOCUS Online is familiar with the whole, not just thin judicial acts of the wife. Accordingly, they committed their last Offence – the blueberry-theft – on may 23. June 2018.

your last fact: berries-Steal in the Edeka fresh market

Against 19.15 Gabriele C. entered a Edeka fresh market in Traunreut. From the cooling shelf, she took two packs of blueberries, each of 125 grams, the selling price per box for $ 1.99. Then she ran to a different area of the market, opened the two plastic packaging, and poured the blueberries in her big shopping bag. The empty packaging left them there.

As Gabriele C. wanted to leave the Shop with the goods without paying for them, she was stopped by a market researcher and in a controlled manner. The employees had observed Gabriele C. in the case of the theft. The customer denied it first of all and claimed the loose blueberries in the bag came from your allotment garden. It was not until the assistant with the police threatened to gave Gabriele C. the theft.

appeal and Revision failed: no judgment remains

in The Traunstein district court had "no doubt" as to the guilt of the Pensioner and sentenced on 22. October 2018 for theft to imprisonment for a term of two months. In contrast, the defendant lodged an appeal, but without success. By a decision of 9. October 2019, the district court of Traunstein confirmed the judgment. Against this decision also Gabriele C. went, again in vain. 17. February 2020 was the Highest Bavarian regional court: The judgment is okay.

The justification were the judges, among other things: "serial offenders, as in the present case, can only be provided by imposition of a possibly brief imprisonment to a halt." So you went to the numerous criminal convictions of Gabriele C., which was moved, in 1985, together with her husband and daughter from Romania to Germany, and here as a medical-technical assistant worked.

thickness of the criminal acts: the Six convictions, the last of which on probation

According to information from FOCUS Online, the woman was sentenced since 2009, a total of six Times:

  • 5. October 2009: attempted injury and insult (fine of 40 daily rates),
  • 23. May 2011: theft (40 days),
  • 22. August 2011: theft (15 days),
  • 4. November 2013: theft (90 days)
  • 16. June 2016: theft (70 days),
  • 13. April 2017: theft of items in the value of 157,95 Euro (imprisonment of 3 months suspended).

In the latter case, the district court of Rosenheim set the probation period to two and a half years, so she ran until the fall of 2019. Long before the end of this period it came to the blueberry theft.

judge: detention "in spite of the low value of" the loot is mandatory

"The imposition of a monetary penalty of not more despite the low value of the stolen items, therefore, in consideration", the Traunsteiner judge. A short prison sentence is to "influence the defendant is indispensable." On theft liberty are met with penalties of up to five years or to a monetary. to go

make sure you are not doing the defendants no wrong, sought the district court even a psychiatric evaluation. A specialist confirmed that the Pensioner at the time of Examination "consciousness was clear," and only a depressive disorder suffered. Conclusion of the psychiatrist: "The capacity for Guilt of the accused was, at the time of the crime point is not significantly restricted, or even abolished."

defenders: verdict is "disproportionate and unjust"

The defenders of the Pensioner, Alexander Stevens, is unable to understand the judgment. Compared to FOCUS Online, the Munich-based lawyer spoke of a "disproportionate and unjust" decision. The courts see it differently.

In the FOCUS Online In increasing Numbers in Germany, Söder send "last call to all the people Celebrating in a" PCP To increasing Numbers in Germany, Söder send "last call to all Celebrating"

Updated Date: 29 July 2020, 02:26

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