The Federal Court of Justice (BGH) has ruled that the Wolberg case must be reopened in part. The Senate largely failed to confirm the first judgment of the Regensburg Regional Court from the summer of 2019 and approved the public prosecutor’s revision on many points.
Acquisitions against Wolbergs and co-defendants overturned
Hard for Wolbergs: The Senate overturned the acquittals for the former mayor and his co-defendants for the donation practice before Wolberg’s election. The regional court of Regensburg acquitted the defendants and only sentenced Wolbergs for accepting donations after the election.
With the donations before the election, the regional court ruled that Wolbergs, as the third mayor, was not responsible for building matters and therefore could not be bribed. The BGH Senate does not follow this line of argument.
Wolbergs must expect tougher penalties
In addition, other charges are now back on the table. Private advantages for Wolbergs in the form of assumed renovation costs and also discounts on the purchase of a dwelling by a Wolberg relative must be renegotiated. The former Mayor of Regensburg, Joachim Wolbergs, is now facing a tougher sentence.
Mainly because the BGH rejected two further decisions by the regional court in favor of Wolberg. The court should not have waived a punishment for Wolbergs, and the error of the prohibition admitted to him was not sufficiently justified.
The previous instance had not imposed a penalty despite being convicted for granting advantages, since the former mayor had already suffered enough from the consequences of the trial in the opinion of the regional court. Like Wolbergs, the co-defendants in the first trial must now expect tougher penalties.
Revisions from 2020 discarded
The Senate did not refer the new edition of the process directly back to the Regensburg Regional Court but to the Regional Court of Munich I. Now judges in the state capital have to deal with the many open points in the case.
The Senate rejected the revisions against the second judgment from 2020. Wolberg’s conviction for taking bribes to a suspended sentence of one year therefore remains in place and is final. A hard blow for the Wolbergs, who had hoped for acquittals in both proceedings.
Ex-Lord Mayor pleads for innocence in the closing words
Wolbergs had previously appealed to the BGH judges again with an emotional and energetic closing remarks and protested his innocence. “I’m not what I’m supposed to be, definitely not,” said Wolbergs. He experienced two different procedures. In both he used every opportunity to get involved. “Because I am absolutely convinced that what I am being accused of is wrong,” said the former SPD mayor in his closing remarks.
After the hearing, which lasted almost eight hours, the court then only took 50 minutes to deliberate before the Senate announced its decision.
Wolberg’s lawyer criticizes the quick decision of the BGH
Attorney Peter Witting criticized the Senate for issuing the verdict so quickly. “One could at least have been the bill,” said Witting before the decision was announced. The fact that the Senate has confirmed the conviction of his client for taking bribes in the second trial is a “worst case scenario” for Wolbergs, according to Witting.
For a politician, the accusation of corruption is the worst that can be blamed on him. “This is a decision that is of course existentially important for him,” said Witting.