From the official homepage of the district Court:
Legal proceedings
Landgericht Braunschweig declines jurisdiction in proceedings 2 KLs 213 Js 52790/18 (15/22) (rape, sexual abuse)
BRAUNSCHWEIG REGIONAL COURT DECLINES JURISDICTION IN THE PROCEEDINGS 2 KLS 213 JS 52790/18 (15/22) (RAPE, SEXUAL ABUSE)
In the course of the interlocutory proceedings in the above-mentioned proceedings, the Regional Court of Braunschweig examined, inter alia, the local jurisdiction pursuant to section 16 of the Code of Criminal Procedure (StPO) and, by order of 19.04.2023, declared itself without jurisdiction with regard to the indictment of the Public Prosecutor's Office of Braunschweig dated 05.10.2022 (see also press release of 12.10.2022).
In detail:
The 2nd Criminal Chamber stated that the jurisdiction of the Regional Court of Braunschweig was solely due to the place of jurisdiction of the last domicile pursuant to § 8 para. 2 2nd Alt. StPO came into consideration. The place of jurisdiction of the last domicile was exclusively determined for the case that the accused no longer had a current domestic domicile and the habitual residence was unknown or abroad. The defendant currently no longer has a domestic residence, as he is housed in a correctional institution and his last habitual residence was abroad.
It is true that the accused was originally resident and also registered in the local district. However, in the opinion of the chamber, this is not relevant, since the accused - as he himself also stated - established a new and thus last residence in Saxony-Anhalt. This was also supported by the fact that he was registered in the land register as the owner of a property there. In addition to various vehicles, the accused's personal belongings were also on this property. Two months later, he fled abroad. He kept the property.
After a comprehensive assessment of all the arguments presented, the Chamber assumed that the accused had last resided outside of the local district and therefore declared itself incompetent.
The accused is currently in criminal custody in another matter. The Regional Court cancelled the additional arrest warrant of 18.11.2022 (see also press release of 28.11.2022). Against this background, the question of urgent suspicion did not have to be re-examined. The revocation has no influence on the further serving of the current sentence.
The order can be challenged by simple appeal pursuant to section 304 of the Code of Criminal Procedure. The appeal would then have to be decided by the Higher Regional Court of Braunschweig.
Background:
§ 8 Place of jurisdiction of the domicile or place of residence.
(1) Jurisdiction is also established at the court in whose district the accused has his domicile at the time the action is brought.
(2) If the defendant does not have a place of residence within the area of application of this Federal Act, the place of jurisdiction shall also be determined by the habitual place of residence and, if such a place is not known, by the last place of residence.