Norbert kiss
Norbert Kuß (* 1943 ) is a German justice victim. As a result of a false testimony from his foster daughter and an incorrect credibility report , he was imprisoned for 683 days, innocent . He was in 2004 by the District Court of Saarbruecken for multiple sexual abuse of his foster daughter to a term of imprisonment sentenced of three years.
Admission of the foster daughter
In 2001, the Kuss couple took a then twelve-year-old child into their family as a foster daughter, which also includes an adoptive son and a foster son. The learning disabled child with home experience came from a problematic background and was particularly aggressive. Norbert Kuss and his wife reported "very sexualized and provocative behavior". In December 2002 the situation escalated, whereupon the Kuss couple gave up their custody of the child.
Sexual abuse charges and convictions
On January 22, 2003, the former foster daughter accompanied by her biological father filed a criminal complaint with the police in Saarbrücken for sexual abuse against Norbert Kuß. The girl claimed that her ex-foster father repeatedly touched and abused her intimate areas.
In the interrogations that followed, Kuss always protested his innocence. The prosecutor brought charges, then kiss in May 2004 by the Landgericht Saarbrücken for aggravated sexual abuse of wards to a term of imprisonment was sentenced three years. The former foster daughter had repeated her allegations in court. An expert from the Institute for Forensic Psychology and Psychiatry in Homburg classified the allegations as very likely to be credible.
Initial indications of the girl's sexual and previous experiences of abuse were either ignored or ignored during the trial. The court also disregarded an alibi for one of the specified times of the crime because it believed the girl and the expert opinion more. The appeal against the judgment of the regional court was rejected by the Federal Court of Justice . In addition, one constitutional complaint and two retrial applications failed , although the defense attorney von Kuss had pointed out that alibi, among other things.
Dismissal from service and conditions of detention
Until his conviction, Kuss worked as a technical officer in the Bundeswehr . When the conviction became final, Norbert Kuss's civil service relationship ended by law after 46 years of service. Furthermore, his pension rights were denied. His house in Marpingen was shortly before the foreclosure auction . Since Kuss was condemned as a child molester , he was despised by his fellow inmates.
New report as a result of a lawsuit for damages
The former foster daughter sued Norbert Kuß under civil law for payment of 25,000 euros in compensation for pain and suffering. A civil judge at the Saarbrücken regional court dismissed this action as unfounded. Unlike her colleagues in the criminal chamber , she was not convinced with the necessary certainty that Kuss had abused the girl. The ex-foster daughter appealed against this . The Saarland Higher Regional Court then ordered a new credibility report to be obtained in the appeal proceedings. In the new report, the director of the Freiburg University Clinic for Psychiatry came to the conclusion that the information provided by the ex-foster daughter about the alleged abuse by kissing must be viewed as "not experience-oriented". This information is not credible and the report on which the conviction is based has serious methodological deficiencies. The original appraiser also ignored the fact that the girl had her first sexual intercourse at the age of ten . The higher regional court then dismissed the ex-foster daughter's claim for compensation for pain and suffering.
Retrial and acquittal
Based on this judgment and on the basis of the new credibility report, in 2009, for the third time, Kuss filed for a retrial regarding his criminal conviction from May 2004. This was also rejected by the regional court. It was only when Kuss filed an immediate appeal against this that the Saarland Higher Regional Court ordered a retrial . As a result, Kuss was subsequently acquitted by the Neunkirchen district court in November 2013 . The former foster daughter appeared as a joint plaintiff in the retrial , but refused to testify when she was questioned again as a witness.
Claim for damages against the expert
In January 2015, Petra Retz-Junginger, a psychiatrist from the Homburg Institute, who had drawn up the credibility report that led to the conviction of Kuß, was sentenced by the Saarbrücken regional court to pay € 50,000 in compensation for pain and suffering because the report was grossly negligent and based on scientific standards disregarded. In addition, it was stated in the judgment that the appraiser is obliged to reimburse Norbert Kuß for any further damage that he suffered as a result of his removal from the civil service and the reduction in his pension payments. It was also established in the judgment that the expert is obliged to reimburse Norbert Kuß for any further material and immaterial damage that he will suffer as a result of the incorrect report and the resulting imprisonment.
The Minister of Justice of the Saarland , Anke Rehlinger , expressed her regret towards Norbert Kuss in a personal conversation about everything he had to go through as a result of the miscarriage of justice . She also apologized for the length of the procedure for his rehabilitation. This meant the interim loss of the court file and the delays caused by the dispute over which court is responsible for the retrial. Four years had passed between the third retrial (2009) and the acquittal in 2013.
Petra Retz-Junginger appealed against her conviction to pay compensation for pain and suffering. Norbert Kuss had also appealed against that decision because he thought the compensation was too low. As a result, the Saarbrücken Higher Regional Court awarded him compensation for pain and suffering in the amount of 60,000 euros in November 2017 , after obtaining a senior expert opinion from the renowned credibility expert Max Steller . Petra Retz-Junginger filed a non-admission complaint with the Federal Court of Justice against the judgment of the OLG Saarrbücken. This complaint was rejected by the Federal Court of Justice in September 2018, so that the conviction to pay Kuß 60,000 euros is final.
Individual evidence
- ↑ a b c d e f g h i Those who are innocent need the best lawyers. In: Süddeutsche Zeitung Online from January 30, 2015.
- ↑ Innocent behind bars - locked away and checked off. ; in: 3sat TV documentary from June 2, 2015
- ↑ a b 50,000 euros for victims of justice Kuss - judges condemn a court expert to pay compensation for pain and suffering. ; in: Pfälzischer Merkur from January 30, 2015
- ↑ a b c d e f g Innocent in custody for fabricated abuse. ; in: Die Welt from January 29, 2015
- ↑ Two years innocent behind bars. ( Memento of the original from June 22, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ; in: SR-Online from November 30, 2013
- ↑ a b c d e f g h i How the lies of his foster daughter made the life of Norbert Kuss from St. Wendel to hell. ( Memento of the original from June 22, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ; in: Saarbrücker Zeitung from November 30, 2013
- ↑ a b Expert forensic psychiatry sentenced to 50,000 euros in compensation for pain and suffering. ; in: Saarländischer Rundfunk from January 29, 2015
- ↑ a b c d Ten years after his conviction, Norbert Kuss meets the appraiser again in court. ; in: Saarbrücker Zeitung from October 31, 2014
- ↑ 17 075 euros for 683 days innocent in prison. ; in: Pfälzischer Merkur from January 30, 2015
- ↑ New litigation opponents for justice victim kiss ; in: Saarbrücker Zeitung from August 1, 2017
- ↑ Justice victim Kuss receives compensation for pain and suffering ( memento of the original from June 22, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. in: SR-Online from January 29, 2015
- ^ Saarbrücken Regional Court - full text of the judgment of January 29, 2015, 3 O 295/13. ; in: Jurisprudence database of the Saarland
- ↑ Rehlinger regrets legal error. ; in: Saarbrücker Zeitung from December 19, 2013
- ↑ 60,000 euros in compensation for pain and suffering - When the judge pronounces the verdict, the justice victim becomes emotional ; in: Focus Online from November 23, 2017
- ↑ Justice Victim Kuss has to wait on ; in: Saarbrücker Zeitung from March 8, 2018
- ↑ A jubilee for the Justice sacrifice kiss ; in: Saarbrücker Zeitung from September 14, 2018
| personal data | |
|---|---|
| SURNAME | Kiss, Norbert |
| BRIEF DESCRIPTION | German justice victim |
| DATE OF BIRTH | 1943 |