TRANSLATION OF JUDGEMENT:
REVISIONISM, FAILURE TO APPEAR
[The document is a printed form with a few blanks filled in by typewriter.]
Copy
Reference no. 8430 Cs 112 Js 11637/96
(Please indicate reference in all correspondence!
IN THE NAME OF THE PEOPLE!
JUDGEMENT
Of the Lower District Court of Munich
In the criminal case against Carlos Whitlock PORTER
For Incitement to Racial Hatred
Based on the main trial held on Tuesday, 25 March 1997
with the participation of the following persons:
Judge AG Zeilinger as Criminal Judge
Prosecutor GrL Fuegman as Public Prosecutor
Jr. Sec. Urmann as Clerk of the Court.
The objection [singular] of the defendant against the order of punishment
of the Lower District Court Munich dated 19.12.1996 is hereby rejected.
The defendant must bear the costs of the proceedings.
Grounds: see reverse!
No. 484 c / E Stp AGM Abt. 8-11 5.4 (11.94)
StP 208 (with StP 137) Copy of judgement with legal remedies in the
event of rejection of objection against order of punishment due to absence
of defendant (sections 412, 329 StPO) (4.87)
[reverse page]
Grounds:
The defendant raised objections in due time against the order of
punishment indicated in the statement of judgement.
The subpoena for the trial, held today, which contained information
as to the consequences of absence, or absence without sufficient excuse,
was duly delivered on:
03.03.1997.
The defendant was absent without justification, or with insufficient
justification, and was not represented by a lawyer with signed power
of attorney.
The objection must therefore be rejected under sections 412, 329,
StPO [Criminal Trial Regulations].
The cost of the proceedings is based on sections 465 StPO.
Signed, Zeilinger
Judge of Lower District Court
Certified True Copy
Place, date:
Munich, 03.04.97
Urmann
Legal Secretary
Clerk of the Court
[stamp]
Legal Remedies
(StP 137)
[small print]
I.
1. You may, within ONE WEEK of delivery of the judgement,
apply for restoration of the previous situation, if you were unable
to appear at the proper time through no fault of your own. Application
for restoration of the previous situation must be made within the indicated
period at the Lower District Court indicated on the reverse, stating
the grounds for absence. Justified absence must be proven, either in
the application or during proceedings to the application.
2. You may dispute the judgement handed down against
you, either singly, or together with application for restoration of
the previous situation, by means of appeal [BERUFUNG] or Review
[REVISION]. Any filing of Appeal or Review not accompanied by application
for restoration of the previous situation will be considered waiver
of restoration (section 315 paragraph 3, section 342 paragraph 3 of
the Criminal Trial Regulations [StPO]).
3. Appeal, in the above case, may only be justified
on the grounds of insufficient justification for rejection of your objection,
in particular, due to unjustified absence.
Review may only be asserted on the grounds that the
judgement is based upon a violation of the law.
4. If you wish to dispute the judgement, you must,
within ONE WEEK of delivery of the judgement (appeal period), make an
oral application to be taken down in writing, before the Clerk of the
Lower District Court indicated on the reverse (for Appeal), or an application
in writing to the judicial officer (for review), stating that you are
filing for either Appeal or Review, according to your choice.
II.
5. If you have filed for appeal, you are free to
state your grounds for so doing within TWO WEEKS of delivery of the
judgement. The grounds must be stated in writing to the Court, or orally
to the Clerk of the Court, to be taken down in writing.
6. If you have filed for Review, delivery may be
made to you by means of public delivery through proclamation by publication
in the newspaper, or by posting on the notice board of the Court, especially
when delivery of sentence is not possible where it was last made, or
at the last address indicated by you.
7.1 If neither you, nor, in the cases in which this
is permissible, a lawyer with power of attorney, is present at the beginning
of the main trial, and if such absence is without sufficient justification,
the Court is fundamentally bound to reject the Appeal without a hearing.
7.2 If, in the circumstances indicated above, the
prosecution has filed an appeal, proceedings may take place in your
absence. The prosecution may also, under such circumstances, drop the
appeal, even without your consent.
7.3 If proceedings are not taken under 7.1 or 7.2,
the Court may order your appearance or arrest.
8. If you have filed for Review, you MUST state the
grounds. This requires a statement as to:
a) whether the judgement is being disputed as a whole
or only in certain parts, and whether application is being made to reverse
it in whole or in part (applications for Review), AND
b) whether the judgement is being disputed on the
grounds of violation of substantive (material) law, or on the grounds
of violation of the procedural regulations (grounds for Review);
In the latter case, the application must state the
facts which are alleged to have resulted in impermissibility of the
rejection of your objection.
9. A document signed by yourself is NOT sufficient
for statement of the grounds for Review. Applications for Review, stating
the grounds for the same (no. 8), must be made orally to the judicial
officer to be taken down in writing, or filed in a document signed by
a defence attorney or lawyer. This must take place within ONE MONTH
after expiration of the appeal period (no. 4).
III.
10. For written declarations, it is not sufficient,
for purposes of compliance with the appeal period, that such written
declaration be posted within the appeal period. Compliance with the
appeal period is only present when the declaration is actually received
by the Court before expiration of the period.
Application for legal remedy must be filed in the
German language.
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