http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht
bgh = & type = anz pm & date = 2010 & sort = 3 & nr = 50 432 & pos = 0 & = 3
Federal
release the press office
No 3 / 2010
acquittal in the case "Ouri Jallow 'ended
On 7 January 2005, died born in Sierra Leone Ouri Jallow in a detention cell
the police department of Dessau to the consequences of a fire through the
the mattress on which he had been fixed, shelled
inhalation heat shock. The prosecution had
the accused, who had worn as a group leader
responsibility for the detention area, which alleged that,
he had failed, immediately after the sounding of the alarm signal of smoke detector
initiate rescue operations, although he was conscious, be
that the response is always a smoke detector from the outbreak of a fire
assumed. He had made possible violations Ouri Jallow
by smoke and fire exposure approvingly accepted. The district court
Dessau has with the accused by the facts of the allegation of assault
death acquitted in office.
It is neither proved that the accused had intent
injury, should also be shown that the defendant would have carried an immediate intervention
death Ouri Jallow can avoid.
on the revisions to the prosecutor and the plaintiff has the 4th After the sentencing remarks
is not clear how the fire of the mattress specifically designed
:
Criminal Division of the Federal Court Judgement of the District Court with the following reasoning
repealed. In particular, it remains unclear whether a state court Assumed
"Anschmoren" the mattress cover without burning your hand and some pain
sounds would be possible to have the accused to a
early intervention have led. In addition, the district court
in assessing the intent to save Ouri Jallow not available
time that the smoke detectors already
minutes before the ignition of the foam filling of the mattress, which led within two minutes to a fatal inhalation
shock, may have already been triggered by
was that the fire resistant mattress cover was melted first under
using a gas lighter to expose the
foam filling. Then the accused but
could possibly have prevented the death of success if he would have immediately initiated after
alert the necessary rescue measures. The 4th
Criminal Division has, moreover, objected the adoption of the district court, the defendant had
act dutifully, although he initially pushes the alarm
, connectable end a telephone conversation with his superiors led
and then turn back on the road to the detention area had to because he had forgotten
to take the Fußfesselschlüssel.
The Federal Court remanded the case to the district court of Magdeburg
. There, they must now be renegotiated.
Judgement of 7 January 2010 - 4 St 413/09
LG Dessau - Case of 8 December 2008 - 6 KS 4 / 05
Karlsruhe, 7 January 2010
press office of the Federal
76 125 Karlsruhe
Telephone (0721) 159-5013 Fax
(0721) 159-5501
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