The case of Rebecca is getting more and more tangled. While the police continue to search feverishly for the body of the girl, the main suspect brother-in-law has been released from prison after barely three weeks in prison. Illegally suspected or released a guilty party? One of these two variants must be right. Both would have serious consequences.
Less than three weeks after Rebecca's brother-in-law Florian R. was arrested, the 27-year-old was released on Friday. The evidence of the investigators, who suspect him of the manslaughter of the 15-year-olds, were recognized by the court after a complaint of his lawyer as no longer sufficient for an urgent suspicion. This is the legal requirement for a detention. Now there are two variants.
Option 1: Rebecca's brother-in-law is not guilty
If Florian R.'s innocence turns out to be wrong, the homicide squad will have to ask why she stiffened so much in the investigation into Florian R. Although the investigators spoke of "overwhelming evidence". The problem: they could prove the 27-year-old so far no violence. For neither were found in his house, where he was apparently alone with Rebecca on the morning of her disappearance on 18 February alone, traces of violence, nor the investigators could find the body of the 15-year-olds yet.
Rebecca's family, who have hitherto been protective of their son-in-law, suspect that the daughter may have been kidnapped by an Internet acquaintance who made the daughter earlier this year. Apparently the police did not pursue this track with the same intensity. The question is: why?
It is almost certain that Florian R. will demand compensation for his imprisonment by proving his innocence. Pursuant to Article 7 of the Law on Compensation for Law Enforcement Measures, 25 euros are payable for each started day of imprisonment. The compensation fulfills the function of a compensation and compensation.
For the first time, Florian R.'s lawyer spoke in the media on Friday. In an interview with the RBB, she criticized the way the investigating authorities and the media deal with her client. The early publication of the photo of the suspect and other details by the police has led in many places to speculation and "virtually hunting for my client". Florian R. had been sentenced and the opportunity to return to normal life had been taken from him.
The police also accuse her of a one-page investigation that focused on finding a corpse "that may not exist," said the lawyer.
Example of justice history: the case of Donald Stellwag
A blatant example of a miscarriage of justice with high compensation is the case of the Franc Donald Stellwag. The man was imprisoned for eight years in a bank robbery with hostage taking in Nuremberg in 1991, although he was innocent. The reason: An appraiser wants to have recognized him on the photo of a security camera beyond doubt, and the court believed him. For this miscarriage of justice, the "expert" had to pay the victim later 150,000 euros compensation.
Option 2: Rebecca's brother-in-law is guilty
If it turns out that Florian R., however, is actually guilty, as the investigators believe, the court would today have set a serious criminal on the loose. This would be doubly tragic for Rebecca's family, who believed in his innocence and then realized that a member of their own family had their daughter's conscience. Theoretically conceivable would also be that the brother-in-law does not wait until the police find Rebecca's body - and flees.
Example of the history of justice: the case of Frederike Möhlmann
Also for this variant there are examples in the German justice history. The case of Frederike Möhlmann is especially tragic. At the age of 17, the girl from Hildesheim was raped on 4 November 1981 in Hambuehren and then brutally murdered with a knife. As a suspect, a young man named Ismet H. from Celle was discovered shortly afterwards. He was sentenced to life imprisonment in July 1982, but was acquitted by the Federal Supreme Court in 1983 following an appeal.
In 2015, ie 34 years after the fact, thanks to DNA detection that did not exist at that time, the clear blame of the once convicted person was proven. The tragic thing is that, according to the Code of Criminal Procedure, no one can be put on trial for a cause for which he was once acquitted.
Both cases show how difficult and unfair the case law can sometimes be.
In the video: "Please God, bring her back home": Rebecca's sister is desperately crying for help
Pray God, bring her back home: Rebecca's sister is desperate
Zu Unrecht verdächtigt oder schuldig entlassen? Folgenreicher Schritt im Fall Rebecca