Federal Republic of Germany suspends imprisonment for 29 frauds totalling €96,766 over 6.5 years

In January, Abigail Bright, instructed by Edward Jones, secured withdrawal of a European Arrest Warrant (‘EAW’) issued by the Federal Republic of Germany. 

Abigail and Edward then framed and supported submissions on behalf of the eighty-four year-old Requested Person, in pleadings before the Amtsgericht, the court of 'ordinary jurisdiction' of the German judiciary (Ordentliche Gerichtsbarkeit).

This month, a judicial decision of the Amtsgericht took into account information made available to the Court by Abigail and Edward.

The Amtsgericht decided:    

• On the Order of the Court, a suspended sentence to be passed for a period of one year.
• Order that the duration of the ‘probation’ period of the suspended sentence is five years.
• Order that the only restriction on the liberty of the Requested Person is a condition
that must inform the Court of any change to residence.
• Order to pay reparations of EUR 70.00 (circa £60) per month to the German State for a period of five years, i.e. EUR 4,200.00 (circa £3,590 @ RoE 1.17).

Reasons given by the Court for passing this sentence read:

• Advanced age and vulnerability if confined in a prison.
• Recognition that psychological stress endured to date
whilst under threat of an order of extradition to Germany and resultant confinement.
• No criminal offences committed before and none committed since these admitted 26 acts of fraud.
• Recognition of an offer to make amends, as now administered by this Court, on the basis of free admissions made to the acts of which accused and of which convicted by admitted pleas.
• Non-execution of this sentence to be classed and recorded as a warning, rather than a penalty of enforcement.

Abigail Bright defended A, instructed by Edward Jones, partner, Hodge Jones & Allen LLP.