Insight helps in court

Insight helps in court

A 36-year-old heating engineer had been guilty of six offences in six weeks. Despite three counts of theft, two counts of trespassing and one count of fraud, the judge showed mercy and only issued a warning – albeit with a hefty penalty clause. That means that he has to expect at least a high fine, should he become conspicuous again under criminal law.
The separation from his girlfriend and the worries about his job were the reasons why the defendant more than once didn’t stop at the usual after-work beer: harder things followed. The alcohol finally disinhibited him to such an extent that he – apparently not yet drunk enough – tried to steal a bottle of vodka and wine from two department stores in kitzingen and another bottle of vodka from a gas station in schweinfurt on different days. In a pub in kitzingen, he had also ordered food and drinks during the same period without being able to pay. From the point of view of the public prosecutor’s office, a case of fraud, even if the order value of 8 euros was quite low and the damage has since been settled. The fact that he was banned from both stores was of little interest to the 36-year-old at this point in time.

Addiction treatment started

"i’m not at all proud of what i did there. I am ashamed", the defendant showed contrite remorse before judge marc betz. Nevertheless, it was the indictments that really made him see the light. Within a few months he was formally overcome by alcohol. In the end, his self-reflection went so far that he was worried about work therapy, because he didn’t have the confidence to get out of addiction on his own.
Since july 2012, he has been undergoing treatment, which lasts at least six months and at most a year. He is allowed to leave the house from time to time, but he has to pay the therapy costs of about 2500 euro per month himself. As a precaution, he has applied for a temporary disability pension, but this will not be sufficient to pay for the treatment costs.
He became aware of the therapy during a detoxification stay in werneck. According to information provided by the lawyer, the defendant had a peak blood alcohol level of four per thousand. "I would like to work as a heating engineer again, because I enjoy the job", he announced that he wanted to put his life back on an orderly track. His former boss had even offered to rehire him next year as a job became available.

One previous conviction

the court found only one entry in the federal central register – but an impactful one: the defendant had already been before the court once in 2011, for theft and drunkenness on the road.

Nevertheless, the prosecutor loves the confession, the very small and partially regulated damage with a maximum of 50 euros, as well as the therapy started to mitigate the penalty. He considered the high rate of recidivism to be an aggravating factor, because all the offenses took place within six weeks – despite the prior registration. A penalty of 100 days at 40 euros is appropriate.
The defense counsel asked for the court’s help, especially with the aim of avoiding the 100-day sentence because of the previous conviction and the resulting worsened job prospects.

Many requirements

this also gave judge betz food for thought and he left it at a warning, because the defendant had not only recognized his alcohol problem, but was openly tackling it with therapy. Betz held therefore a warning with punishment reservation for appropriately. In the next two years, the heating engineer will have to report regularly to the police, be available to the court, report changes of residence and job and, above all, prove that he is continuing his therapy. She may only be hired on medical advice.
"The stakes are high for them", warned the judge. However, if he is not guilty of anything, he does not have to pay anything.

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