Feb 12 • 14:54 UTC 🇩🇪 Germany FAZ

Rape Trial: Judge Does Not Finalize Protocols - Man is Released Again

A man convicted of rape has been released from custody in Berlin due to delays in the completion of legal protocols by the presiding judge.

In June 2025, a man was sentenced to seven and a half years for rape by the Berlin Regional Court. However, he has been released from custody due to a judicial mishap where the judge failed to complete the protocols from 33 court hearings in a timely manner. Reports indicate that the delay was attributed to the judge's addiction issues, which ultimately impacted the case's proceedings.

The Berlin Court of Appeals determined that the judge's failure to finalize the protocols constituted a violation of the necessity for expeditious proceedings as outlined in the criminal procedure code. This legal principle mandates that preventive detention must be lifted if there are significant, avoidable delays that can be attributed to the state's actions. Consequently, the court ruled to revoke the arrest warrant against the Afghan man who had been convicted.

This incident raises serious concerns about the efficiency and oversight within the judicial system in Germany, especially regarding how addiction issues among judicial officials might impact legal outcomes. Critics may argue that such failures undermine the confidence in the justice system and potentially allow convicted individuals back into society prematurely, which could have implications for public safety and trust in judicial processes.

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