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'''Otto Brixner''' (born in 1943) is a former German judge. He was [[Judicial panel| |
'''Otto Brixner''' (born in 1943) is a former German judge. He was [[Judicial panel|the presiding judge]] of the 7th Chamber of the criminal division of the [[Nuremberg]]-[[Fürth]] District Court, Germany. |
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Brixner became publicly known as the |
Brixner became publicly known as the judge who sentenced [[Gustl Mollath]] to a [[Involuntary treatment|forensic]] hospital, where he spent more than seven years. In 2011, research by journalists raised doubts about the allegations against Mollath and the procedure. In 2014, in a [[Trial de novo|retrial]] of the case, the [[Regensburg]] regional court could not determine the conditions for accommodation of the accused.<ref>[http://www.justiz.bayern.de/imperia/md/content/stmj_internet/gerichte/landgerichte/regensburg/pressemitteilung2014-7/urteil_mollath.pdf Volltext vom Urteil des Landgerichts Regensburg vom 14.]</ref> |
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== Life and career == |
== Life and career == |
Revision as of 23:55, 16 June 2019
Otto Brixner (born in 1943) is a former German judge. He was the presiding judge of the 7th Chamber of the criminal division of the Nuremberg-Fürth District Court, Germany.
Brixner became publicly known as the judge who sentenced Gustl Mollath to a forensic hospital, where he spent more than seven years. In 2011, research by journalists raised doubts about the allegations against Mollath and the procedure. In 2014, in a retrial of the case, the Regensburg regional court could not determine the conditions for accommodation of the accused.[1]
Life and career
In the 1950s and 1960s, Otto Brixner's parents operated a restaurant in Herrenberg.
As a teenager, Brixner was athletic. He sprinted 100 Meters in 11.2 seconds[2] and had a talent for handball. Brixner was an active handball player in the 1. FC Nuremberg club, and the TSV 1860 Ansbach as well as the TSV 1891 Frauenaurach. For many years, he also coached the women's handball team of the 1. FC Nürnberg.[3] Brixner was also the coach of the Bavarian Handball C youth until 1991.
After military service at Bundeswehr, Brixner studied law. On 1 April 1973, he signed up for prosecuting attorney in the Bavarian judicial service. In his three years as a prosecutor, he was considered meticulous at his job. In his first official assessment, he was certified to have been "born" for this job.[4]
In 1976, Brixner became a judge at Erlangen district court in criminal and civil cases. In October 1987, Brixner changed to Nuremberg-Fürth district court, also working in criminal and civil matter. In July 1998, after his appointment as chairman of the Nuremberg-Fürth district court, Brixner took over the chairmanship of the 6th chamber of crime department, primarily judging invocations of drug related matters. Most recently, he was chairing the 7th chamber of the criminal court, responsible for drug and general criminal matters in the first instance.
Brixner never made use of communication in criminal proceedings (So-called. Deal on penalty). On the other hand, Brixner demanded in interviews from legislators to abolish lifelong condemnation and introduce temporary sentences of up to 40 years imprisonment instead.
Brixner retired by the end of June 2008.
Otto Brixner was married to Christa Brixner, born as Christa Hofbauer (1946-2013). The couple has two children and four grandchildren. Brixner is living in Herzogenaurach. He is a lieutenant colonel in reserve.
Trial against Gustl Mollath and Allegations against Otto Brixner
In September 2003, Gustl Mollath was accused of dangerous bodily injury and false imprisonment to the detriment of his then wife to a criminal case before Nuremberg District Court. Since this court considered an accommodation as possible it sent the case to Nuremberg-Fürth Regional Court. Under the chairmanship of Brixner, the Nuremberg-Fürth Regional Court pronounced Mollath in August 2006 Insanity free, as it deems the deeds proven, but the "Cancellation of control capability [...] according to Template:German law section StGB [...] could not be ruled out. " Instead of a punishment was the forensic in a closed psychiatric facility, as - according to the court - further danger of Mollath emanated. Mollath has in the opinion of the court a "paranoides Thought system ". This partly in the conviction that his former wife as an employee of the HypoVereinsbank into a complex system of black money shift was involved.
An internal audit report of Hypovereinsbank from 2003[5] supports much of Mollath's black money allegations. However, this report had been kept secret by the bank for many years, so that it was not known to the district court of Nuremberg-Fürth in its ruling in 2006. In November 2012, the content of the audit report came to the public. The report stated that all of Mollath's verifiable allegations were accurate.[6][7] Mollath's lawyer, Gerhard Strate, reached a retrial in August 2013. The disrict court of Regensburg finally came to the conclusion that the prerequisites for Mollath's accommodation in psychiatry were not met.
These happenings resulted in a committee of inquiry in the Bavarian state parliament[8] and public debate. Also presiding judge Otto Brixner was publicly accused. Jurors and witnesses reported that Brixner acted uncontrolled during litigation and interrupted Mollath wehenever he came to talk about the black money shifts.[9]
References
- ^ Volltext vom Urteil des Landgerichts Regensburg vom 14.
- ^ Auf Absprachen ließ sich der Richter nicht ein; in: nordbayern.de vom 7.
- ^ Ein Richter mit harter Schale.
- ^ Otto Brixner war kein Schiedsrichter, sondern Richter; in: nordbayern.de vom 24.
- ^ Interner Revisionsbericht Nr. 20546 der Hypovereinsbank
- ^ Interview mit der bayerischen Justizministerin Beate Merk vom 9.
- ^ Der Mann, der zu viel wusste; in: Süddeutsche Zeitung Online vom 13.
- ^ Hastige Wahrheitsfindung; in: taz.de vom 17.
- ^ Vom Richter „malträtiert und provoziert“; in: Süddeutsche Zeitung Online vom 24.