NSU trial: BGH confirms life imprisonment for Zschäpe

Beate Zschäpe, the main defendant in the NSU trial, must remain in prison for life. The BGH rejected the appeal against her conviction. Zschäpe is thus legally convicted as an accomplice of the NSU.

Over the years – from 2000 to 2007 – the right-wing extremist terrorist cell “National Socialist Underground” (NSU) committed ten murders, killing nine small entrepreneurs with a migration background and the police officer Michèle Kiesewetter. She also carried out three bombings and numerous bank robberies to fund the crimes.

It took years before the terror trio was exposed: At the end of 2011, Uwe Mundlos and Uwe Böhnhardt attacked a savings bank in Eisenach. The police initiated a ring manhunt. Mundlos and Böhnhardt committed suicide. A few days later, her accomplice Beate Zschäpe turned in.

In 2013, the NSU trial began before the State Security Senate of the Munich Higher Regional Court. After five years and a total of 438 days of trial, during which more than 700 witnesses were heard, the verdict was announced: Beate Zschäpe was sentenced to life in prison. Four supporters of the NSU were sentenced to prison terms.

Zschäpe rightly condemned as an accomplice

Zschäpe and three of the helpers appealed against their convictions to the Federal Court of Justice. The 3rd Criminal Senate has now rejected this and confirmed the judgments. You are now legally binding. That means: Beate Zschäpe was rightly sentenced to life imprisonment as an accomplice in the NSU murders. The Munich Higher Regional Court had also determined that her guilt was particularly serious. The BGH also approved that. This means that Zschäpe will not be released after 15 years in prison.

Convictions of two supporters are also final

The convictions of two supporters of the NSU are also final. One of them, Ralf Wohlleben, had obtained weapons for the two main perpetrators, Uwe Mundlos and Uwe Böhnhardt. He was sentenced to ten years in prison for accessory to murder; Holger G. was imprisoned for three years for supporting a terrorist organization.

Classification of Zschäpe as an accomplice was controversial

The main controversial issue was the fact that Beate Zschäpe had been classified as an accomplice, although it was not possible to prove to her that she herself was present at one of the crime scenes. If so, then she was only an assistant, so her defense lawyers. Zschäpe did not make a specific contribution to any single act. According to the Munich Higher Regional Court, the murders would not have been carried out without their support. You have taken care of the common apartment in Zwickau, thus providing a place to retreat. She managed the finances and helped plan the deeds. Therefore, she was sentenced as an accomplice.

Significant influence on the planning of the murders

The Federal Court of Justice has now confirmed this by the highest court. According to the previous case law of the BGH on complicity, the most important thing is “the degree of personal interest in the crime, the extent of involvement in the crime and the perpetrator’s control or at least the will to do so”. In the case of Zschäpe, the 3rd Criminal Senate considers these requirements to be met. Zschäpe had sufficient detention as well as an interest in the crime. Specifically: You had a significant influence in the planning of the murders, also on the will of your two accomplices to commit the crime. She too had a keen interest in ensuring that the murders, bombings and robberies were carried out successfully. All of this makes her an accomplice, according to the BGH.

The revision of André E. is still being negotiated

However, this does not end the procedure in Karlsruhe. At the beginning of December, the BGH will still negotiate the revision of the NSU helper André E. Among other things, he had bought a mobile home for Mundlos and Böhnhardt and was sentenced to two and a half years in prison for supporting a terrorist organization. The federal prosecutor’s office had also appealed. She wants to achieve that André E. is convicted of aiding and abetting murder and thus punished much more severely.

File number: 3 StR 441/20