Federal Constitutional Court on retrial: Suspect in murder case from 1981 comes out of custody

In a murder case from 1981, an acquitted man is to be tried again because of new evidence. According to the constitutional court, he is now being released from custody. It is unclear whether resumption is possible.

The man suspected of murdering 17-year-old student Frederike von Möhlmann is released for the time being. He has been in custody again since February, although he had already been acquitted in 1983. At the time there was not enough evidence. However, the new technical possibilities of DNA analysis showed in 2012 that a trace of his sperm could be detected on the panties of the dead.

So far it has been an iron principle that in a constitutional state no one can appear in court twice for the same matter. During the National Socialist era, it was possible to drag people to court again and again. But after the end of the war, the mothers and fathers of the Basic Law wrote the principle into the constitution: Those who have been acquitted should not have to constantly fear ending up in criminal proceedings again.

Bundestag loosens criminal procedure code

However, Frederike von Möhlmann’s father and others were very dissatisfied with this and campaigned for a long time to ensure that a resumption should be possible in certain cases. With success: the Bundestag relaxed the code of criminal procedure last year. In extreme cases – in the case of murder or war crimes – a new trial can now be opened against an acquitted person.

Therefore, the Verden district court reopened the proceedings against the man this February. The suspect was remanded in custody.

It is unclear whether resumption in the rule of law is possible

The Federal Constitutional Court has now suspended the arrest warrant. It is not yet clear how the matter will finally end and whether such a resumption in the rule of law is even possible. Detention is a fairly intensive encroachment on fundamental rights. That’s why he should be released first.

However, everything must be done to ensure that he does not go into hiding – for example, it must be ensured that he hands in his ID and reports regularly to the police. The eight judges were not entirely unanimous: the decision was made with a narrow majority of five votes.