The Regional Court of Karlsruhe sentenced the accused to a total prison term of six years for several drug and weapons offenses, as well as for aiding and abetting the acquisition of a semi-automatic handgun in two cases, and for trafficking in firearms in conjunction with negligent homicide in nine cases and negligent bodily harm in five cases. The accused appealed this judgment, limiting his revision to parts of the conviction. He objects to being accused of negligent conduct regarding the homicides and bodily injuries.
According to the findings of the now legally binding judgment, the accused operated a platform on the Darknet as its sole administrator. This platform was designed for maximum anonymity and isolation, bearing the tagline: 'No control, everything allowed.' Accordingly, he had set up various subcategories that served to advertise narcotics and distribute weapons. After his platform was linked by the press in november 2015 to the acquisition of weapons for the Paris attack on november 13, 2015, the accused deactivated the weapons category to curb media interest. However, on January 2, 2016, he reactivated this category, making it and the requests stored within it visible to registered users of the platform.
Through this platform, users conducted illegal arms deals without the necessary firearms permits. One such transaction involved the sale of a Glock pistol and 567 rounds of ammunition to 18-year-old David S., which the seller, Philipp K., who has since been legally convicted, handed over to him on May 20 and July 17, 2016.
In the early evening of July 22, 2016, David S. used the weapon and ammunition to shoot at a group of young people in a McDonald's branch at the Olympia shopping center in Munich. Five young people died, and one was seriously injured. David S. then left the shopping center and shot at those fleeing on foot. He killed three more people, and three sustained serious injuries. He returned to the shopping center and shot a young man there. During his escape, he injured another person with a gunshot. He managed to hide for about two and a half hours; when he was finally discovered by the police, he shot himself.
David S. had not involved anyone in the planning of this act. The accused also knew nothing of these plans. However, he could and should have recognized that the possibility of anonymous weapon acquisition outside the regulated legal market could lead to the acquirer using a firearm obtained in this way to kill and injure people. This is especially true since the accused had become aware of such a possibility through reports on the Paris attack.
The Federal Court of Justice dismissed the accused's appeal as unfounded. The proceedings are thus legally concluded.
Decision of the Federal Court of Justice of august 6, 2019 – 1 StR 188/19
Lower court: Regional Court of Karlsruhe – Judgment of December 19, 2018 – 4 KLs 608 Js 19580/17
Source: Press release of the Federal Court of Justice of august 19, 2019
