Federal Constitutional Court stops new charges in Frederike's murder case!

Federal Constitutional Court stops new charges in Frederike's murder case!

At the center of German legal history is the tragic murder case of the 17-year-old student Frederike von Möhlmann. Her gruesome death, discovered in the forest near Celle in 1981, made headlines that continue to resonate to this day. Frederike's body was found badly mutilated, and Ismet H. was quickly identified as a suspect and was ultimately sentenced to life imprisonment. But the story took an unexpected turn when an appeal acquitted him. A further DNA report, carried out 30 years later, determined that Ismet H. was actually the perpetrator. But German law does not allow a second trial after an acquittal, and so Frederike's family was forced to fight for a change in the law. The victim's father, Hans von Möhlmann, and the victim's lawyer, Dr. Since then, Wolfram Schädler has worked tirelessly to shed new light on the circumstances surrounding the murder case.

After years of citizen engagement and political pressure, a law was passed in 2021 that allowed convictions to be overturned under certain conditions. In particular, the pre-trial detention of people who were acquitted in the first trial was now possible. This regulation seemed to offer hope. But the joy didn't last long: that Federal Constitutional Court decided on November 1, 2023 that the Frederike murder case would not be reopened and declared the 2021 reform of the Code of Criminal Procedure unconstitutional.

Principles of the rule of law in focus

The decision was no coincidence, as it is based on a fundamental legal principle: no one should be tried twice for the same matter. Vice President Doris König highlighted this and emphasized that the decision was anything but easy. Still, the question remains how much weight such principles have in establishing the truth, especially when new, incriminating evidence emerges. Frederike's lawyer Wolfram Schädler said Frederike's sister feels abandoned and said the family will not let up until the alleged perpetrator is convicted. The tension surrounding this case may be far from over, as the cause continues to be pushed forward by the family and many supporters.

The situation surrounding Ismet H., who was acquitted of murder charges in 1983, is particularly sensitive because he is now free. The public prosecutor's office had applied for the proceedings to be reopened in 2022, but the Constitutional Court's decision made this application invalid. Fellow lawyer Johann Schwenn, who represents Ismet H., is relieved about the court decision. But public interest in this case remains high, and many are wondering what path legal reforms could take in the future to protect the rights of victims and their families.

A case that raises questions

In summary, this murder case shows how complex the interaction between law and justice is. While Frederike's family reaches the limits of their possibilities, the need for reforms in the criminal procedure code continues to be discussed. RBB online also reported on the difficult situation of the affected families, who often have the feeling that the rule of law is failing them. We will continue to monitor how the case develops and what steps, if any, are taken to seek justice for Frederike.

On the way to possibly leaving this dark shadow behind them, the relatives remain hopeful that justice will one day prevail. Until then, the case remains a cautionary tale about the limits of the legal system and the importance of comprehensive reform of the criminal procedure code.