Criminal complaint for denial of justice

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On 08/10/2019 I wrote by email to the following email addresses

• KARLSRUHE-WALDSTADT.PREV@polizei.bwl.de (Police station Karlsruhe Waldstadt)
• KARLSRUHE.KD.FUEGR@polizei.bwl.de (Police headquarters Karlsruhe)
• stuttgart.lka@polizei.bwl.de (State Criminal Police Office of Baden-Württemberg)

under the subject: Criminal complaint for denial of justice:

Ladies and Gentlemen,

With this email message I file a criminal complaint for denial of justice according to § 339 German Penal Code against the signatories of the order of 07/03/2017 of the Regional Court of Karlsruhe, file number 11 T 52/17:

• Tauscher, Chairman Judge at regional court
• Dr. Meyer-Spasche, Judge at regional court
• Suchecki, Judge

and against the signatory of the order of the District Court of Karlsruhe, business number 710 XIV 777/16 L:

• Wermann, Judge at district court.

For the reasons I refer to my blog post under the link:

A Season in Hell

You will find there the entire context of these orders, the orders themselves, as well as the letters of the lawyer who represented me in this case.

To sum up, I mention here:

I have lodged a complaint against the order of the District Court of Karlsruhe, business number 710 XIV 777/16 L which was not remedied, so that the Regional Court of Karlsruhe had to decide on my complaint.

The regional court rejected my complaint. The Federal Constitutional Court and the European Court of Human Rights did not accept my complaint for decision.

The decision of the regional court is thus provisionally final.

Among other things, the regional court cites as reason for rejecting my complaint:

The contested order is also not to be annulled on the ground of procedural irregularities.

Pursuant to § 28 ¶ 3 Sentence 3 Police Act, a judicial decision on the custody is to be brought about without delay. The word "without delay" is to be interpreted as meaning that the judicial decision must be made without any delay which cannot be justified on objective grounds (cf. BVerfG, order of 05/07/2009 - 2 BvR 475/09, NVwZ 2009, 1034).

By the decision of the competent on-call judge taken on the same day and before the release of the person concerned at 12.00 noon, this condition is met. A judicial on-call service in the night hours between 10 p.m. and 6 a.m. has not been established in the District Court of Karlsruhe district, so that the decision could not be made before the custody. The fact that the decision was made in the course of the morning before the measure was completed is sufficient, especially as the law in § 28 ¶ 3 sentence 3 Police Act also provides for cases in which a judicial decision is not required if it can be assumed that the decision would only be made after the reason for the custody has ceased to exist.

However, the sentence:

By the decision of the competent on-call judge taken on the same day and before the release of the person concerned at 12.00 noon, this condition is met.

is a lie, because the order of the district court, which was delivered to me on 12/29/2016, was not issued on 08/26/2016, as the regional court also knows.

To justify this assertion I refer to my blog post quoted above: The orders of the district court and the Regional Court are contradictory in themselves and contradict each other. Every textual examination of these two documents by competent experts will come to the result I maintain.

((I do not know whether the files have been falsified in the meantime. I have been waiting in vain for weeks for access to the files and have now decided to file a criminal complaint without this access based solely on the - grotesque - documents available.)

Therefore, the contested order had to be annulled by the regional court at least due to procedural errors and should never have been issued by the district court.

After the legal process in this matter ended without correction of the order, both the deliberate issuing of an invalid order and the deliberate rejection against better knowledge of my complaint against an invalid order constitute a criminal offence of denial of justice.

I would therefore ask you to open an investigation and to inform me of the outcome of the investigation.

Yours sincerely,

Andreas Pfefferle