In order to testify to falsified minutes and the true course of court proceedings, we issued a recommendation to invite trial observers to the hearings. One day, Beo was asked to attend a trial in Berlin as a trial observer.
The summonses are usually unsigned, although by law only a judge is allowed to summon persons to the hearing. So it is not known which judge is actually in the courtroom.
So Beo, as a trial observer, asked the judge who he was. And the judge replied, "Then leave the courtroom." The justiciary staff removed him. And then another one asked too. The judge asked, "Does anyone else want to know who I am?" And several of them said yes. The judge replied, "Then you will all leave the courtroom." Nevertheless, he continued his trial and thus conducted an illegal court martial without publicity.
They went to the nearest police station and filed a report of coercion. The policewoman Y.P., who took the complaint, asked what had happened in the courtroom. When she heard that the judge refused to identify himself, she did not understand. She replied that as a policewoman she had to identify herself as well. Then they explained the legal situation in Germany to her. She was shocked, started her own research, wrote embarrassing questions to her superior authority, quoting the penal code up and down, which they did not want to and could not answer. Finally she was sent on holiday for a long time on full pay.
One day, an innocently persecuted man who showed up at our meetings at the Lorelei with his father, asked Beo to act as a defender at his trial. The father had already had enough of his experiences with the injustice system in the GDR, but now his son was being tortured. The father was horrified by the conditions in the FRG - literally out of the frying pan into the fire.
Beo went to the trial. He sat down next to the accused. When the trial started, the Judge asked if he was a lawyer. Beo denied this and presented himself as a defender according to Art. 6 ECHR. The Judge then said, "Then please go into the audience." So Beo got up and went to the back.
But Beo then immediately declared: "I am only here now because you have not signed the summons to the trial, as it is stipulated in Civil Code Section 126 and Code of Criminal Procedure Section 216.
"I do not have to. " was the answer.
Beo replied, "Where does it say in the Civil Code that you don't have to?"
"It's regulated in the Code of Criminal Procedure and the Civil Code."
"Then please show me that." Beo insisted.
The Judge fetched the legal commentary and began to leaf through it. When he couldn't find anything relevant, he interrupted the trial. Everyone left the courtroom.
Beo was now waiting in the hallway with the others. They could watch the Judge run up and down the stairs, and finally, he literally ran to the various rooms.
After half an hour, he came back and resumed the trial in the courtroom. He terminated the proceedings. Everyone left the building.
Only much later, when Beo was already in Switzerland, that a criminal complaint for misuse of title was filed, alleging that Beo had been impersonating a lawyer. This gave the Gotha Public Prosecutor's Office a reason to make an extradition request to Switzerland. Probably the Coburgers were afraid that their reasons alone would not suffice for extradition and therefore prompted Gothaer to take action in this case.
- or the attempt to obtain a legally valid signature on an arrest warrant
On July 18, 07 a man was arrested on the basis of three enforcement arrest warrants in order to force the payment of € 225,-. It is on these warrants only noted: "sign. Seidler official with certain judicial powers (Rechtspfleger)". A signature of the judicial official is missing. Next to it is: certified, an absolutely illegible signature and without mentioning a name: clerk of the court.
The man pointed out that according to Civil Code Section 126(1), documents such as an arrest warrant must bear an original signature in his own hand or a signature certified by a notary public.
According to Adminstrative Procedure Act Section 34(3), the present alleged arrest warrants are also not to be used by civil servants, since they are not even sufficiently certified for internal administrative use.
However, the police officers cannot be prevented from arresting the man anyway.
Beo then made his way to the prison to pay the € 225. But there they wanted € 475,-. The gentlemen there refused to present their identity cards. They were also unable to present a file number or other proof of a justified claim for € 475. The insistence on a confirmation of the legality of the arrest was answered with a charge of trespassing.
That must be something to melt in one's mouth: Trespassing at the prison... So Beo is not allowed to enter the prison anymore... - isn't it otherwise the other way round, that leaving the prison is forbidden or prevented...?
Multiple offers, even written ones, to pay the € 475,- against presentation of valid (signed) warrants of arrest were rejected.
However, a Mr. judicial official Seidler, who takes responsibility for the alleged warrants, does not find himself willing to sign these allegedly issued warrants. The offer to go to him immediately to have Mr Seidler sign his alleged arrest warrants in order to turn them into legally binding arrest warrants on the basis of which the release sum can be paid and, if necessary, sued is stubbornly refused. No reasons are given for this refusal.
An urgent request has therefore been made both to the prison and to the competent public prosecutor's office to send legally signed arrest warrants by fax so that the man can be released.
Since the judicial officer referred to a public prosecutor Kirchner, the matter was referred to her. She claimed that she had nothing to do with it. However, there are allegedly two prosecutors of the same name. The information office asked whether they wanted prosecutor Kirchner I or Kirchner II.
After Beo was banned from the prison, he went to the relevant police station on July 20, 07 with two witnesses and presented € 500 in cash to prove that the sum of money demanded would be paid immediately, as soon as a legally signed arrest warrant was presented. The three enforcement arrest warrants were issued with the request to instruct the prison to confirm the legality of the arrest warrants. The police inspectors made lengthy phone calls, with the result that they cannot confirm the legality of these warrants.
The sum was finally paid with reservations, since after six days of detention there was still no warrant with a legally valid signature, and the detainee had gone on hunger strike and we had to fear damage to his health.
Almost weekly, Beo appeared at the police station in Coburg to file charges against court employees, prosecutors, judges, bailiffs, etc.
Finally, a policeman stood opposite him and could not resist saying: "But Mr. von Prince, you know that this is useless!
He replied: "And I'm doing it anyway!"
He led Beo into a room with a tape recorder, where he was to record his report. He left the room in a hurry and carefully closed the door behind him, so as not to have to witness the announcement. But another door was only ajar, and when Beo was finished, another policeman sneaked in and whispered, "You did right, Mr. von Prince," and disappeared silently from the room again.
In the trial before the Coburg Regional Court with Judge Dr Krauß (chap. 8), Beo was given community service hours because he called the police during the trial to have it recorded. He inquired with the social services whether a verdict from the trial was even available with a legally valid signature of the judge. Of course they didn't have it.
The first thing they asked for was his work in the open-air swimming pool, where he was supposed to sweep leaves together. His work performance was obviously insufficient and admittedly not very ambitious, because more important work was needed. Finally he was sent to the Samaritan Federation to wash their vehicles.
Beo, Karin and Manfred made their way to a political event in the hall on the first floor of the time-honoured "Münchner Hofbräu" restaurant in Coburg. The hall filled up to the last seat. Diagonally opposite us sat the Judge Dr. Krauß. Mr. Michelbach, Member of the Bavarian State Parliament, gave a lecture on the subject of Basel II, an agreement that the Americans had pushed for. It was about tightening the conditions for granting loans. As a result, small and medium-sized enterprises had problems obtaining credit. Mr Michelbach reported that he had asked the Americans why they did not implement these contract terms in their country. An employee from the Coburg Savings Bank was also present to answer questions. However, it did not explain why the German banks had already implemented these contractual conditions in anticipatory obedience. The consequence was yes, the depopulation of whole streets in America, because the real estate bubble had burst there. This had arisen because the money that could no longer be spent by the banks in Europe was now flooding the American market, where loans had been granted cheaply without any collateral.
Beo took the opportunity to ask Mr Michelbach whether there was state liability. He openly admitted that it did not exist, as we had already suspected from the law. Mr Michelbach changed the subject suspiciously quickly so that no discussion arose and the audience present did not think about the far-reaching consequences of this answer.
©2020 by Beowulf von Prince, Karin Leffer
Beowulf von Prince
Schweizer Str. 38