He is said to have raped and murdered the 17-year-old. Due to a lack of evidence, he is released and is later considered again as the perpetrator. Now he is to be tried again – but he is released from custody under conditions.
Karlsruhe – A man who is to be tried again for sexual murder decades ago must be released from custody under conditions.
The Federal Constitutional Court partially granted the urgent application of the then legally acquitted, as was announced in Karlsruhe. It is open whether a new regulation that allows criminal proceedings to be resumed in such cases is constitutional. That can only be clarified in the upcoming main proceedings. (Az. 2 BvR 900/22)
The man is suspected of raping and stabbing 17-year-old Frederike from Hambühren near Celle in 1981. In 1983 he was acquitted for lack of evidence. According to a more recent investigation of DNA traces, however, he comes into consideration as the perpetrator. In February he was arrested again. The basis is a controversial amendment to the Code of Criminal Procedure, which came into force shortly before the turn of the year. Critics see the principle violated that no one may be prosecuted twice for the same crime. dpa
