On January 16, 2024, attorney Karl-Heinz Mügge achieved a significant defense success before the Regional Court of Göttingen.
In the manslaughter trial concerning the Ukrainian man killed in May 2023, the defendant, represented by attorney Mügge, was sentenced to a two-year prison term for perverting the course of justice, with the sentence suspended on probation – despite the public prosecutor’s office having charged him with joint manslaughter.
Defending against capital crimes regularly poses a particular challenge even for experienced criminal defense lawyers. Developing a comprehensive, individualized defense strategy is extremely important.
This is due, on the one hand, to the severe penalties for homicide offenses (e.g., life imprisonment for murder, five years to life imprisonment for manslaughter, or 10 years to life for robbery resulting in death).
On the other hand, it is also due to the investigative pressure that law enforcement agencies regularly face in cases of homicide. Thus, there are cases in which suspects are literally pressured by investigators to make a statement.
In such cases, experienced criminal defense lawyers advise their clients all the more to exercise their right to remain silent – usually not only during the investigation but also during the main hearing before the trial court.
However, given the individual circumstances of each case, such an approach does not do justice to every mandate. Rather, every constellation requires a specially developed defense strategy that also considers the possibility of actively involving the client in the process.
Thus, in the case of the man killed in May 2023, a rather atypical defense approach was required. After intensive discussion and preparation, attorney Mügge allowed the defendant to make a detailed statement regarding the charges before the Regional Court in December 2023 – with success!
The verdict clearly shows that it was worthwhile to take the risk of the defendant making his own statement and thus waiving the right to remain silent. On the last day of the trial, the defense, the public prosecutor’s office, the joint plaintiff, and the jury court all agreed that no act of killing by the defendant could be proven.
The client was only convicted of perverting the course of justice because he helped the perpetrator – after the latter had repeatedly threatened him – to leave the country and hide the body.
After the verdict, the defendant was able to leave the court as a free man after seven and a half months in pre-trial detention.
Another suspect in this case was successfully represented by attorney Dr. Anthea Pitschel last summer. The Göttingen public prosecutor’s office also investigated him for manslaughter. Following a successful appeal against detention, attorney Dr. Pitschel not only secured the man’s release from pre-trial detention but also the discontinuation of the investigation due to insufficient suspicion.