Frederike von Möhlmann

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Frederike von Möhlmann (born May 1, 1964 , † November 4, 1981 near Hambühren , Celle district ) was a German student. She fell victim to a sex crime at the age of 17. A murder suspect was first convicted, then finally acquitted. DNA traces that could not be evaluated at the time, however, indicate that he was the perpetrator.

history

Frederike von Möhlmann was a student at the Kaiserin-Auguste-Viktoria-Gymnasium in Celle . On the evening of November 4, 1981, at around 7:30 p.m. after music lessons in the city choir in Celle, she wanted to go to her home town of Hambühren - probably as a hitchhiker. But she never got home. Four days later, her body was found in a wooded area. The student was raped and then killed by the perpetrator with a double-edged knife and a variety of stitches.

Ismet H., a young man who lived in Celle, was identified as the suspect. The Lüneburg Regional Court sentenced him to life imprisonment on July 1, 1982. However, the Federal Court of Justice overturned the judgment and referred the case to the Stade Regional Court , which acquitted Ismet H. in 1983. Tire marks at the place where the corpses were found were important evidence; It was disputed whether these could have come from the defendant's car.

Not yet technically possible in the 1980s - - in 2012 one gave DNA testing on a binding of the killed a match with hairs of Ismet H. to a resumption of the criminal proceedings , however, it did not come as such in accordance with § 362 of the Criminal Procedure Code is only possible under very tight conditions and no admission from H.

Civil law assessment

To bring about yet a new judicial investigation of the facts presented Frederike's father a 2015 lawsuit filed against H. a. H. relied on the fact that any claims for compensation for pain and suffering were statute-barred . The Lüneburg Regional Court therefore dismissed the lawsuit in September 2015. This judgment was confirmed by the Higher Regional Court of Celle in April 2016 ; however, in the statement of the facts at the beginning of the judgment, the Higher Regional Court presented it as a fact that H. "raped the plaintiff's daughter in November 1981 and then killed". "The defendant raped and killed [...] the plaintiff's daughter in the crime period of November 04, 1981 6:00 pm and November 05, 1981 6:00 am."

In jurisprudence it was discussed whether this judgment, which at first glance was perceived as unsatisfactory, must be accepted, since the act as murder in the criminal sense is not statute-barred (Section 78 (2) of the Criminal Code), but the claim for damages based on this is subject to the regular statute of limitations under civil law §§ 194 ff. BGB is subject. In such a case it would be advisable to synchronize the criminal and civil statute of limitations. Here, however, the opinion is expressed that such an extension of the statute of limitations could only be done by the legislature, since otherwise the essential purposes of the statute of limitations, namely the creation of legal security and legal peace, would be undermined. For this reason, a need for legislative action is seen here, as it must be expected in the future that, due to the constantly evolving forensic technology, murder crimes that have occurred a long time in the past can more and more often be resolved and these can also trigger claims for compensation under civil law.

literature

  • Klaus Paffrath: Frederike - murder without atonement. A novel about the failure of justice and politics. Spielberg-Verlag, Neumarkt / Regensburg 2017, ISBN 978-3-95452-713-7 .

Web links

Individual evidence

  1. ↑ a b Judgment of the Higher Regional Court of Celle of April 14, 2016 (5 U 121/15)
  2. ↑ The family found a 17-year-old student on a Sunday walk. In: Cellesche Zeitung , November 10, 1981 ( JPG ).
  3. ↑ Gisela Friedrichsen : acquitted for life . In: Der Spiegel . No. 18 , 2015, p. 60-62 ( online ).
  4. ^ Wolfgang Janisch: Unlawful security. In: Süddeutsche Zeitung . July 30, 2015, accessed August 18, 2015 .
  5. ↑ The murder of Frederike von Möhlmann: the court rejects the father's appeal at spiegel.de (accessed July 2016)
  6. ↑ Raphael Koch, Simon Behr: Statute of limitations under civil law despite no statute of limitations under criminal law? A contribution to the unity of the legal order . In: Legal journal . tape 73 , no. 14 , 2018, p. 702 f .
  7. ↑ Raphael Koch, Simon Behr: Statute of limitations under civil law despite no statute of limitations under criminal law? A contribution to the unity of the legal order . In: JuristenZeitung . tape 73 , no. 14 , 2018, p. 706 ff .
  8. ↑ Raphael Koch, Simon Behr: Statute of limitations under civil law despite no statute of limitations under criminal law? A contribution to the unity of the legal order . In: JuristenZeitung . tape 73 , no. 14 , 2018, p. 710 .
personal data
SURNAME Möhlmann, Frederike von
BRIEF DESCRIPTION German student
DATE OF BIRTH May 1, 1964
DATE OF DEATH 4th November 1981
Place of death near Hambühren , district of Celle