Swiss students nearly kill a 46 year old "for fun" - Page 12

jrspet · #**221** 24.11.2010, 10:32

I think it is like English law - an appeal based on fact and the other based on a much narrower point of law ( Judicial Review ).

Wollishofener · #**222** 24.11.2010, 11:17

	Quote:	eddiejc1
	I believe you mean the equivalent of the "crown prosecutor", since I think the Germans use another word for that title. The important thing though is that these idiots---REGARDLESS of whether their parents come from the Balkans or can trace their ancestry all the way back to William Tell---are punished appropriate to their crimes. That means significant jail time, not a slap on the wrist. Hopefully the victim will recover from his injuries.

According to media reports, his face is fully "repaired" and his eyelight fully saved ! This is the good news about the matter which really counts.

Good about the verdicts is that the three were not "lumped" together but
taken differently. All looking like excellent work of both Munich police and the Bavarian judiciary.

cheesecakejj · #**223** 24.11.2010, 11:23

Jeeeeee...... what is wrong with them.. Heard before that Switzerland has the highest suicide rate in the EU

now it is getting brutal

Wollishofener · #**224** 24.11.2010, 11:28

	Quote:	Treverus
	No. It took place at the "Landesgericht" which is higher than the Amtsgericht and lower than the "Oberlandesgericht" (which acts in some cases as "Unteres Bundesgericht"). Looking it up I am now not sure weather a possible Revision would still take place in Munich at the Oberlandesgericht acting as federal court or if the case would end up in Karlsruhe at the "real" federal court. That is at least what I learned back in highschool: From Amtsgericht to Landesgericht you can have a "Berufung", from Landesgericht upwards only a "Revision". I tried to look it up, but this stuff seems to be far too complex for a simple guy like me At least all German news speak about Revision, not Berufung - that is at least an indication.

The matter with Landesgericht and the Oberlandesgericht which then is a kind of "Lower Federal Court" is really interesting. And is the reason why the reporters of Swiss TV got some things wrong. In Switzerland, things like the matter in question go to the Bezirks-Gericht (county-court), and then in case of an appeal to the Ober-Gericht which is the court of the Canton. That things go up to the Federal Court in fact is rather an exception.

In view of realities, I do not believe that there is any real chance for a "Revision"

Treverus · #**225** 24.11.2010, 13:48

	Quote:	Wollishofener
	In view of realities, I do not believe that there is any real chance for a "Revision"

The trick is that law has nothing to do with reality

But the sentences are quite "average" for German standards, so I would be surprised to see a huge change in them, even if one party does find grounds for a revision of the case and in the next step even wins the revision... which is very unlikely.

nicolezurich · #**226** 25.11.2010, 13:04

What a disgrace, how bad is this society in switzerland?

booe · #**227** 25.11.2010, 13:13

	Quote:	simon_ch
	True, happens to my yugo friend as well, difficult to get a nice job with an -ic name. But I think you're mistaking cause and reaction. Yugos aren't much more criminal because they're being blamed for it, they're being blamed for being much more criminal, which any police, government, prison statistics confirms, a reality slowly but surely even the left grasps and discusses. And admittedly, you're not always right by blaming Yugos for youth crime, but more often than not you are.

wow.....you really talk.

PaddyG · #**228** 25.11.2010, 13:16

	Quote:	Treverus
	The trick is that law has nothing to do with reality But the sentences are quite "average" for German standards, so I would be surprised to see a huge change in them, even if one party does find grounds for a revision of the case and in the next step even wins the revision... which is very unlikely.

If one of the defendants opts for such a revision, does the presiding judge have the option to lengthen the sentence as well as shorten it? Now that would be justice.

Wollishofener · #**229** 25.11.2010, 14:01

	Quote:	PaddyG
	If one of the defendants opts for such a revision, does the presiding judge have the option to lengthen the sentence as well as shorten it? Now that would be justice.

Any supreme judge who is presiding a court dealing with any kind of appeal/revision of course has the option to say that the previous verdict was far too lenient and go up (in the framework of the prosecution). This is why I said that I do not expect the lawyers of those two with the lesser sentences to do much.