Statute of limitations “protect” a supporter of the charges against NSU

Really wanted the office in Karlsruhe in the fall of the indictment for the murders of right-wing extremist right-wing National Socialist terror cell surface (NSU) to present.

Now the situation is changing: Several supporters of the NSU can expect the prosecution and thus to avoid prosecution.
The reason: The allegation is supporting a terrorist organization under § 129 para 5 of the Criminal Code. For a maximum sentence of ten years is provided. Therefore, the limitation period for such offense pursuant to § 78 paragraph 3, No. 3 ten years.

Thus, actions can not be traced before November 2001.
Not so with the alleged perpetrators, who are already in custody. For them, the complaint revolves around murder. Barred pursuant to § 78 para 2 of the Criminal Code Murder not.

Reform in Flensburg: new points rules

The federal government plans from next year a reform of the Flensburg central register for traffic violations. The aim of the reform should be to simplify the current system.

As a result, all light facts that have been penalized with one to three points would be penalized by one point. For the serious offenses in the future there should be a uniform two points in Flensburg.
However, the license will then be drafted as early as eight instead of 18 points.

What will happen to the old central registry is not yet known.

Stammheim is being demolished – it follows a new building

The prison in Stammheim, near Stuttgart, is most certainly a household name. The leaders of the RAF in 1972 in this Detention accommodated, which was at that time as the safest in Germany. A few years later, further follow RAF terrorists such as Andreas Baader and Gudrun Ensslin. Was the culmination of the detention center without a doubt the 18 October 1977, when the leader of the RAF in the same night almost took his life.

For many is the “fortress Stammheim” to this day as an important part of postwar German history and German domestic terrorism. Meanwhile, the complex is showing its age. Yet are currently 420 inmates in the famous building one.

Despite all the historic buildings designed by the Baden-Württemberg Ministry of Finance will be demolished in about 3 years since a new building is therefore cheaper than a complete transformation. By then there remain only the history books that tell of the nearly 20 square-meter cells, where Ulrike Meinhof, Andreas Baader and Co and who were ultimately found her too late.

The idea to make a monument out of the building, however, was quickly discarded. At the perpetrator would not you think, and the victims are other places of mourning and remembrance probably more appropriate.

Medical expenses insurance can be terminated very

Responsible for the Insurance Contract Law Fourth Civil Chamber of the Federal Court has ruled that since 1 January 2009 applicable § 206 para 1 sentence 1 Insurance Contract Act (ICA) * is not any Extraordinary dismissal one medical expenses insurance contract, which makes insurance compulsory for § 193, paragraph 3, sentence 1 VVG met, precludes the insurer.

§ 206 para 1 sentence 1 VVG* Teleologically is to reduce the effect that he indeed the Termination delay because premium prohibited, however, in cases of other serious breach an extraordinary termination by the insurer § 314 para 1 BGB** May be considered. In this case, the medical expenses insurance with the current insurer will not continue in the base rate (§ 12 para 1a ISA), is still one of the policyholder Claim to conclude such a contract with his previous insurer. Adequate protection of the policyholder is achieved, continue to claim that he has, according § 193 para 5 SG are insured with another insurer in the base rate according to § 12 para 1a to SGA.

In the field of nursing care insurance, however, any extraordinary notice of the insurer under § 110, paragraph 4 SGB XI excluded, since contrary to the legislative history of the statutory provision and the absence of a separate base rate of a teleological reduction.

The decisions announced today were the following facts:

IV ZR 50/11

District Court Hanover – Case of 10 August 2010 – 2 O 262/09

Court of Appeal Celle – Case of 24 February 2011 – 8 U 157/10

In procedure IV ZR 50/11 of a private plaintiff medical expenses and nursing care maintained at the defendant insurer. The medical expenses insurance by the defendant in 2009 with the Grounds terminated extraordinary that the plaintiff, or his acting on his wife in the years 2007 to 2009 a total of 168 alleged drug references have filed for settlement, were not actually related but many drugs and are paid, so that an overpayment presence of € 3,813.21. Long term care insurance was not terminated. The lower courts have rejected the declaration that the continued existence of the medical expenses insurance contract action brought. The Revision was rejected.

IV ZR 105/11

District Court of Frankfurt (Oder) – 12 O 209/10 – Case of 27 August 2010

Higher Regional Court of Brandenburg – 12 U 148/10 – Judgement of 5 May 2011

In procedure IV ZR 105/11 of the plaintiff at the defendant maintained a private medical expenses, sick pay and care insurance. After cardiac surgery received the independent contractor as a “Recycling Park” active plaintiff sick pay. In the course of the visit by a sales representative of the defendant grabbed the plaintiff assaulted them with a bolt cutter, and threatened him, whereupon the defendant the entire 2009 contract with the plaintiffs announced extraordinary. The plaintiffs sought a declaration that the contract for medical expenses and nursing care continues to exist or, alternatively, a finding that there continue to be medical expenses insurance for basic rate and the long-term care, the further alternative, order the defendant to enter into with the applicant a medical expenses insurance for the base fare. The lower courts have dismissed the complaint. Rejecting the broader Remedy the plaintiff was overturned the appellate court and the first-instance verdict has been modified such that the continued existence of the observed long-term care and the lawsuit was dismissed the remainder.

* § 206 paragraph 1 sentence 1 VVG

Any termination of sickness insurance, which a duty under § 193, paragraph 3, sentence 1 is fulfilled, excluded by the insurer.

** § 314 para 1 BGB

Continuing obligations of each contracting party may terminate for cause without notice. Good cause exists if the terminating part, taking into account all the circumstances of the particular case and weighing the interests of both parties to continue the contractual relationship is not up to the agreed termination date or until the expiry of a period of notice may be expected.

Feigned pregnancy: imprisonment

The district court sentenced Magdeburg has a 28 year old woman for grievous bodily harm to a prison sentence of three years.
The first woman had faked a pregnancy to reclaim her ex-boyfriend. When the deception the wife has taken particular care. They forged documents such as passport and ultrasound images of mother and even set up a nursery already.
Their plan was to kidnap a baby in September 2009 from a hospital in Magdeburg. She even stabbed with scissors to the child’s mother and took the woman seriously hurt or killed in purchasing.
According to the indictment, the wife of attempted murder and attempted child abduction was guilty. Since the court could not determine conclusively whether this plan voluntarily gave up the attempt, and thus resigned, the charges were dropped.

The court stayed the sentence well below the demand of the prosecutor. This called for a prison sentence of five years and six months for attempted murder, aggravated assault and attempted abductions.
The criminal defense pleaded for a sentence of one year on probation for attempted child abduction and negligent assault.

Before the District Court charged with sedition Rostock

wo men face charges before the District Court of Rostock on suspicion of sedition. According to the indictment, they have to hate on the Internet called against certain population groups and published comments of other people. In addition, the Holocaust was questioned. Overall, 50 crimes have been accumulated.
If convicted, the men threatened jail terms of up to five years.