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89 y/o accused of 29k counts accessory to murder - Page 16

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DorN
Profile Joined July 2010
Germany90 Posts
May 12 2011 13:00 GMT
#301
On May 12 2011 21:54 Sablar wrote:
I'm guessing this was the lowest instance of court in germany?



Yes it is.
There are two more above.
ZeromuS
Profile Blog Joined October 2010
Canada13389 Posts
May 12 2011 13:08 GMT
#302
Quick questions:

Are sentences concurrent in Germany? I know in canada no matter how many counts of robbery you are convicted for if you are convicted for 20 lets say in one trial and the penalty is 10 years you serve 10 years for all counts of robbery.

The 3rd point the defence is making about previous trials - did the israeli trial get thrown out or was he found not guilty. there is a difference wherein a person can only be tried once for a particular crime as the issue of double jeapordy applies and this is an international statute/one most western societies have adopted and I assume Germany as well correct?
StrategyRTS forever | @ZeromuS_plays | www.twitch.tv/Zeromus_
zatic
Profile Blog Joined September 2007
Zurich15325 Posts
Last Edited: 2011-05-12 13:15:32
May 12 2011 13:13 GMT
#303
On May 12 2011 22:08 ZeromuS wrote:
Quick questions:

Are sentences concurrent in Germany? I know in canada no matter how many counts of robbery you are convicted for if you are convicted for 20 lets say in one trial and the penalty is 10 years you serve 10 years for all counts of robbery.

The 3rd point the defence is making about previous trials - did the israeli trial get thrown out or was he found not guilty. there is a difference wherein a person can only be tried once for a particular crime as the issue of double jeapordy applies and this is an international statute/one most western societies have adopted and I assume Germany as well correct?

They are not concurrent. Accessory of murder can be punished with at least 3 and up to 15 years of prison.

About previous trials: He was not found not guilty. The trial was canceled and the sentence suspended after flaws in proceedings were uncovered. Besides that I doubt what you are talking about holds true across national jurisdictions.
ModeratorI know Teamliquid is known as a massive building
Ropid
Profile Joined March 2009
Germany3557 Posts
May 12 2011 13:22 GMT
#304
Well, for everyone saying that the man should not be put to trial after all those years, there is a statute of limitation for manslaughter but not for murder in Germany. Also, there is a special genocide variant of murder defined that also has no statute of limitation. So there is no choice but to put him on trial.

As far as I know a sentence is devised not only looking at the crime but also at the chance that the crime will be repeated, though I think you cannot get a suspended sentence if the crime was murder. The health is also taken into consideration and it can be decided that a trial and sentence is pointless at the time if someone's body or mind is wrecked and he is confined in a medical institution anyways.
"My goal is to replace my soul with coffee and become immortal."
impression
Profile Blog Joined March 2011
413 Posts
May 12 2011 13:25 GMT
#305
I think this is terrible. I really don't see very much point in punishing him now. The most they should do is use him as a source of information. He doesn't have very long to live and the stress of the trial has probably shortened his life already. Yes he did wrong in his early life, and may have been an accessory to murder but the damage has been done and killing one old man isn't going to bring back the lives of people who died 70 years ago, whether he had a hand in their killing or not. If you want to punish him, put him under house arrest for the rest of his life, if anything.
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Ropid
Profile Joined March 2009
Germany3557 Posts
May 12 2011 13:36 GMT
#306
He will not be killed. There is no death sentence.
"My goal is to replace my soul with coffee and become immortal."
Mofisto
Profile Joined October 2010
United Kingdom585 Posts
Last Edited: 2011-05-12 13:41:04
May 12 2011 13:38 GMT
#307
On May 12 2011 22:13 zatic wrote:




About previous trials: He was not found not guilty. The trial was canceled and the sentence suspended after flaws in proceedings were uncovered



Ill look for the source now, but apparently he spent 7 years in an israeli jail, 5 of which were on "death row" as he was to be executed. He was released when the Israelis realised it was a case of mistaken identity

Edit:

earlier he served nearly eight years in an Israeli prison, five of them on death row after being found guilty in the 1980s of being the particularly sadistic "Ivan the Terrible" guard at Treblinka, another death camp.

The Israeli supreme court later overturned the verdict and ordered his release on the grounds that he had likely been wrongly identified.
"Speed has never killed anyone. Suddenly becoming stationary, that's what gets you."
impression
Profile Blog Joined March 2011
413 Posts
Last Edited: 2011-05-12 13:43:30
May 12 2011 13:41 GMT
#308
Yes he won't be killed, but is it fair for him to die in prison? as Mofisto posted above, he already served in prison.
When i said he would be killed, i meant that living in prison would surely kill him.
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zatic
Profile Blog Joined September 2007
Zurich15325 Posts
May 12 2011 13:43 GMT
#309
On May 12 2011 22:38 Mofisto wrote:
Show nested quote +
On May 12 2011 22:13 zatic wrote:




About previous trials: He was not found not guilty. The trial was canceled and the sentence suspended after flaws in proceedings were uncovered



Ill look for the source now, but apparently he spent 7 years in an israeli jail, 5 of which were on "death row" as he was to be executed. He was released when the Israelis realised it was a case of mistaken identity

Edit:

Show nested quote +
earlier he served nearly eight years in an Israeli prison, five of them on death row after being found guilty in the 1980s of being the particularly sadistic "Ivan the Terrible" guard at Treblinka, another death camp.

The Israeli supreme court later overturned the verdict and ordered his release on the grounds that he had likely been wrongly identified.

There was a bit more to it, but yes, that (his previous prison time) is the case of the defense.
ModeratorI know Teamliquid is known as a massive building
chaokel
Profile Blog Joined October 2010
Australia535 Posts
May 12 2011 13:48 GMT
#310
Prison is meant to be a correctional facility (or removing dangerous individuals from society), its not about punishment for crimes.There is no point putting a 90 year old man in jail, he's not likely to survive that time and he is in no position to be a danger to others anymore from what i have read, this strikes me as a purely vengeful way of looking at the world, i.e. and eye for an eye. I can understand that the families of people in that camp had their lives affected by his actions.
(not stating that they should be ok with it, however the past is the past and we need to accept it and move on.)

The type of outlook on life that this displays for all parties involved i simply cannot understand, it is such a destructive way to look at life it is will never ever lead to anything good for anybody involved. Having this man 'practically' sentenced to die in prison will not change any of what happened. If someone who is for his incarceration could explain to me their point of view i would be very interested to see where they are coming from because i cannot even begin to understand why you would want that.
Kipsate
Profile Blog Joined July 2010
Netherlands45349 Posts
May 12 2011 13:48 GMT
#311
Can anyone inform me of Israel their stance on this?I know Israel(or the Mossad) has previously tracked down and ''eliminated'' Nazi War criminals, are ''they content'' with it?I realize that the prison camp might not have been Jewish(I was unable to get that) but I was just wondering considering Israel went on a ''crusade'' against Nazi War criminals.
WriterXiao8~~
impression
Profile Blog Joined March 2011
413 Posts
May 12 2011 13:50 GMT
#312
http://www.thelocal.de/society/20110512-34979.html apparenlty this was published today.
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zatic
Profile Blog Joined September 2007
Zurich15325 Posts
May 12 2011 13:51 GMT
#313
On May 12 2011 22:48 Kipsate wrote:
Can anyone inform me of Israel their stance on this?I know Israel(or the Mossad) has previously tracked down and ''eliminated'' Nazi War criminals, are ''they content'' with it?I realize that the prison camp might not have been Jewish(I was unable to get that) but I was just wondering considering Israel went on a ''crusade'' against Nazi War criminals.

Sobibor was the primary camp for the extermination of Dutch Jews. It was not a prison camp.

As I said he was on trial and sentenced in Israel before. From what I hear the local Israeli representatives are content with the trial and the sentence.
ModeratorI know Teamliquid is known as a massive building
ZeromuS
Profile Blog Joined October 2010
Canada13389 Posts
May 12 2011 13:54 GMT
#314
On May 12 2011 22:13 zatic wrote:
Show nested quote +
On May 12 2011 22:08 ZeromuS wrote:
Quick questions:

Are sentences concurrent in Germany? I know in canada no matter how many counts of robbery you are convicted for if you are convicted for 20 lets say in one trial and the penalty is 10 years you serve 10 years for all counts of robbery.

The 3rd point the defence is making about previous trials - did the israeli trial get thrown out or was he found not guilty. there is a difference wherein a person can only be tried once for a particular crime as the issue of double jeapordy applies and this is an international statute/one most western societies have adopted and I assume Germany as well correct?

They are not concurrent. Accessory of murder can be punished with at least 3 and up to 15 years of prison.

About previous trials: He was not found not guilty. The trial was canceled and the sentence suspended after flaws in proceedings were uncovered. Besides that I doubt what you are talking about holds true across national jurisdictions.


well then I can only say the defendant has little no chance at the appeal :/
StrategyRTS forever | @ZeromuS_plays | www.twitch.tv/Zeromus_
sVnteen
Profile Joined January 2011
Germany2238 Posts
May 12 2011 13:55 GMT
#315
On May 12 2011 22:54 ZeromuS wrote:
Show nested quote +
On May 12 2011 22:13 zatic wrote:
On May 12 2011 22:08 ZeromuS wrote:
Quick questions:

Are sentences concurrent in Germany? I know in canada no matter how many counts of robbery you are convicted for if you are convicted for 20 lets say in one trial and the penalty is 10 years you serve 10 years for all counts of robbery.

The 3rd point the defence is making about previous trials - did the israeli trial get thrown out or was he found not guilty. there is a difference wherein a person can only be tried once for a particular crime as the issue of double jeapordy applies and this is an international statute/one most western societies have adopted and I assume Germany as well correct?

They are not concurrent. Accessory of murder can be punished with at least 3 and up to 15 years of prison.

About previous trials: He was not found not guilty. The trial was canceled and the sentence suspended after flaws in proceedings were uncovered. Besides that I doubt what you are talking about holds true across national jurisdictions.


well then I can only say the defendant has little no chance at the appeal :/

right
MY LIFE STARTS NOW ♥
risk.nuke
Profile Joined May 2010
Sweden2825 Posts
May 12 2011 13:56 GMT
#316
I remember this, and all I can say. "We go after old people now". It's a delicate topic to alot of people but frankly when I hear things like this I just feel that people are to afraid of thinking for themselves and to apply some common sense.
Neo.G Soulkey, Best, firebathero. // http://www.teamliquid.net/forum/index.php?show_part=31
Ropid
Profile Joined March 2009
Germany3557 Posts
May 12 2011 13:57 GMT
#317
It is the duty of his lawyer and the judge to give him a fair trial and argue about that prison time in Israel and stuff. If his doctor says he is about to die, he will not be put into jail, but he seems to be healthy. I feel I do not know enough about the case to have an opinion about the new 5 year sentence. On one hand he is very old and on the other hand he reportedly was infamous for being particularly cruel in the KZ where he was working.
"My goal is to replace my soul with coffee and become immortal."
XothermeK
Profile Joined May 2010
United Arab Emirates245 Posts
Last Edited: 2011-05-12 13:59:31
May 12 2011 13:58 GMT
#318
The guy's 91 years old now, give him a break, don't think the court should even bother anymore, hes going to die out of natural causes in a matter of days anyway. There's more troubles in the world now to be dealing with than hunting WW2 criminals, like seriously.
Muffinman53
Profile Joined November 2010
571 Posts
May 12 2011 14:04 GMT
#319
I think it's ridiculous that they spent time putting this guy on trial when he's 91 years old.
But even if you agree with the ruling and think it's "just", that means justice took over 50 years to be served. Which is sad in its own right.
Reborn8u
Profile Blog Joined January 2010
United States1761 Posts
Last Edited: 2011-05-12 14:15:44
May 12 2011 14:06 GMT
#320
Even if he was a guard at a death camp, he was a soldier following orders. I'm pretty sure no one would volunteer for such a horrible duty. A soldier following orders is not the same as murder or being a party to it. It is a horrible thing that this happened, but I doubt this man is personally responsible for it. He probably would have been put in prison himself or executed, for treason or dereliction of duty had he not followed his orders, and not only himself but his family probably would have suffered if he refused. The Nazi party ruled in large part through fear. I know I'm (almost literally) playing devils advocate. But this just doesn't seem right.

We hung Saddam Hussein for gassing the Kurds of Iraq in the 80's, he was in charge so he is responsible, he had a CHOICE not to. I don't think anyone can prove that a soldier, like this former Nazi, really had a choice in what went on.

This is from an article I found about the case.

Serge Klarsfeld, a French lawyer and Nazi hunter, has expressed frustration with the trial, saying it failed to provide new details about the case and could not prove Demjanjuk's direct participation in the killings.

"The witnesses are all dead and there are no documents because he was only a small fish," Klarsfeld told AFP. A guilty verdict "would open the door to accusations of unfair justice," he added.



Sounds like this is straight bullshit to me. On top of that, Germany of all nations is the one prosecuting him. He is a human after all, he has already been imprisoned for crimes during WW2 which he was released for, because of mistaken identity. He served that time in Israel (the last place a person convicted of Nazi crimes would want to be incarcerated!) He is probably going to die soon regardless, I'm sure this man has had countless sleepless nights over the events of WW2. His judgement should be left to fate, and god.

:)
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