Krefeld Both men had been sentenced to prison in Krefeld.
In June of last year, the Krefeld District Court’s second large criminal chamber had sentenced four men to prison terms of four and a half, three years and four months for several burglaries that they started as part of a burglar gang. In contrast, two have been brought before the Federal Court of Justice (BGH). However, this was only a small success for the 41-year-old defendant with the higher prison sentence. The conviction of his accomplice was free of legal errors.
It was particularly difficult in the conviction at the time that, according to the court, the defendants had entered private homes in some cases. For example, on the night of September 16, 2018 in Verberg: Several perpetrators broke into a family home. The perpetrators stole jewelry and silver cutlery worth around 22,000 euros. Immediately afterwards, a neighboring house was attacked.
By November 2018, the gang had also penetrated company buildings in Mönchengladbach, Kaarst and Kamp-Lintfort, in which fuel was stolen from vehicles in addition to valuables. The Federal Court of Justice had only two legal aspects to make improvements to the Krefeld ruling. A break-in into a kitchen studio may not have been classified as a gang attack, which is more difficult to punish, but only as a “normal” break-in.
It was also a question of whether some of the offenses were committed as a majority, that is to say as one offense, or were committed as a majority. Since the federal judges saw this differently in two cases than the court in Krefeld, the judgment was partially changed and referred back to the silk chamber for a new decision. The BGH rejected the rest of the revision as unfounded.
This time the first Grand Criminal Court had to decide instead of the second. The only softened the sentence against the 41-year-old defendant by two months. He still has to go to prison for four years and four months. Since it was only about marginal aspects, a major change in the guilty verdict was not to be expected.