The Federal Court by order dated 12/01/2011 (1 StR 540/10), a revision of the accused against a ruling by the Landgericht Augsburg 21 May 2010 be repealed.
The findings in the Judgement of the Landgericht Augsburg was essentially as follows: Since 2002, the defendant worked for the woman born in 1923 J. as a janitor. After this In September 2005, fell hard, he took care to also include appropriate fee to their personal hygiene and meals. In August 2008, Ms. J. said with the proposal of the defendant, telling him not belonging to their property which has market value of the sentence to give. In the house standing on it should continue to be allowed to live free and be maintained by the defendant as before. In this interview reflected the accused Mrs. J. "deliberately untruthful ... before, that would be incurred for the transfer of the estate gift in the amount of 150,000 €, "although he" knew that the tax be much lower ... ", namely € 81,175.40 would be. Since the accused would not have been able to pay, agreed to Mrs. J. him € 150,000 in addition "to give to the settlement of the resulting gift tax." Mid-September 2008 asked the accused a fellow lawyer to draft a licensing agreement. Once the defendant approved the draft contract had him, his lawyer sent a notary. For the certification, it was not because the accused was arrested on the morning of that day.
The Federal Court challenging the findings of the District Court of Augsburg, which denies any withdrawal from the trial pursuant to § 24 StGB had.
It is settled law for the definition of so-called withdrawal horizon, that is largely the idea of the offender after the last execution of action.
The decision of the Landgericht Augsburg contains no findings on this. This meet, the designs of the Senate, but would have existed because of the configuration of the notary submitted a draft transfer agreement occasion. The draft agreement referred to the possibility that the total repayable tax could make up less than 150,000 €. The notary was required, this would be read before the certification Mrs. J. (§ 13 para 1 sentence 1 BUrkG).
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