Bergisch Gladbach Local Court
Decision
In the retrial proceedings
against ************,
born on ****** in *****, resident at
*************************,
******* Cologne, Turkish
national, divorced
Defense counsel: Attorney Bernd Brandl, Gleueler Straße 227, 50935 Cologne
for theft
the defendant is appointed lawyer Brandl, Gleueler Straße 227, 50935 Cologne, as public defender.
The reopening of the proceedings of the Cologne Local Court 529 Os 750/05 is ordered.
The defendant is acquitted, setting aside the judgment of the Cologne Local Court of 08.07.2005.
Reasons:
According to the expert opinion submitted by the defendant’s defence counsel, Dr. ******, it cannot be ruled out that the defendant was suffering from a “bipolar psychosis” at the time of the offence, which impaired her ability to control within the meaning of Section 20 StGB.
The costs of the previous proceedings, including the appeal proceedings, the appeal on points of law, the costs of the retrial and the costs of the new proceedings are imposed on the state treasury, which must also reimburse the necessary expenses incurred by the defendant in this respect (sections 473, 467 of the Code of Criminal Procedure).
Bergisch Gladbach, 18.03.2008
********
Judge at the Local Court
Judicial employee as clerk of the court registry