Dieter Gill

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Heinz-Dieter Gill (* 1951 ) is a German justice victim. He was innocent in prison for seven years as a result of a false testimony by his daughter that led to the court miscarriage of justice . In 1996 he had been sentenced to prison by the Kempten Regional Court for raping his daughter, who was ten years old at the time of the alleged crime (1990) . The daughter first made her allegations in 1994.

After having served her full sentence, his daughter had confessed that she had lied about her allegations at the time. In October 2013, Gill was subsequently acquitted by the Memmingen Regional Court in a retrial .

In the retrial, the forensic psychologist Günter Köhnken demonstrated how negligent the experts had worked at the time. In the mid-nineties, on behalf of the public prosecutor's office, two experts had drawn up two very dubious credibility reports on the daughter in which the daughter was classified as credible. The indictment against Dieter Gill was largely based on these reports . Professor Köhnken spoke of the "opinion diagnostics" of the time. Statement analyzes in the context of such reports are subject to very precisely defined standards. According to Köhnken, these were grossly injured at the time. According to Gill's defense attorney Johann Schwenn , this should also have been apparent to the Kempten district court.

In the retrial, the public prosecutor had tried to present the daughter's new statement as a lie in order to prevent Gill from being acquitted . In addition, after the daughter's confession , it took four years before Dieter Gill was subsequently acquitted. The presiding judge at the Memmingen district court spoke of a first class acquittal due to proven innocence in the ruling on the retrial. "We cannot give you back the lost years," said the judge in the grounds of the judgment. Nobody can judge the suffering Gill suffered during the seven years in prison.

During his imprisonment (1996–2003), Gill had applied for a retrial in 2001. This was rejected by the Munich Higher Regional Court (Az. 1 Ws 102/02). In the reasoning, the Higher Regional Court admitted that the reports on which the conviction was based did not correspond to the current state of the art. However, this does not yet lead to the judgment being shaken.

Dieter Gill was not released early after two-thirds of his term in prison, but had to spend the full seven years in prison. The reason for this was that Gill insisted on his innocence while in custody. So he was seen in the penal system as a prisoner who refused to repent and understand.

Gill received compensation of 25 euros per day for his imprisonment. He has suffered from depression since his imprisonment . The daughter can no longer be prosecuted for her false testimony from 1996 because her act was statute barred at the time she was admitted by her .

The very in-depth description of the case in the weekly newspaper Die Zeit , under the heading The Lie of Her Life , was nominated for the Theodor Wolff Prize in 2014 .

literature

Individual evidence

  1. ↑ Objection, Your Honor ; in: Süddeutsche Zeitung Online from November 12, 2013
  2. ↑ Daughter invented rape: father innocent in prison for years ; in: Augsburger Allgemeine from October 29, 2013
  3. ↑ Rape invented: acquittal after seven years in prison ; in: Focus Online from October 29, 2013
  4. ^ Acquittal after seven years in prison ; in: Frankfurter Rundschau of October 29, 2013
  5. ↑ Invented rape of daughter? Memmingen district court is reopening the trial against father ; in: RTL Aktuell from October 29, 2013
  6. ↑ criminal defense in our time ; in: HRRS - online magazine for highest judicial decisions on criminal law from April 15, 2014
  7. ^ Rape of the daughter was invented ; in: Merkur Online from October 29, 2013
  8. ↑ a b c The lie of their lives ; in: Zeit Online from November 16, 2013
  9. ^ This is how Norbert Blüm rages against inconceivable errors of justice ; in: Focus Online from September 22, 2014
  10. ↑ a b c Grossly injured ; in: Zeit Online from November 7, 2013
  11. ↑ Contribution by Richard Schlosser in the controversial broadcast on Bavarian TV on October 30, 2013
  12. ↑ K13 online editorial office of October 30, 2013
  13. ↑ I thought I had to take revenge on my stupid father ; in: heise Online from October 29, 2013
  14. ↑ Forsaken by all good judges ; in: Zeit Online from November 27, 2014
  15. ↑ Rape invented - father acquitted after 17 years ; in: Legal Tribune Online of October 30, 2013
  16. ↑ Elisabeth Raether and Tanja Stelzer - "The lie of their lives" ; in: Portal of the Federal Association of German Newspaper Publishers, section "Nominated Texts 2014"
personal data
SURNAME Gill, Dieter
BRIEF DESCRIPTION German justice victim
DATE OF BIRTH 1951