Munich rampage: Operator of an internet platform legally convicted

The Karlsruhe Regional Court convicted the accused of of several narcotics and weapons offences and for aiding and abetting the acquisition of a semiautomatic of a semi-automatic handgun in two cases and of trafficking in firearms in with firearms in combination with involuntary manslaughter in nine cases and with and five counts of negligent bodily harm to a total term of imprisonment of six years. six years. The defendant appeals against this verdict with his his appeal, which is limited to parts of the conviction. He complains that he is accused of negligent conduct with regard to the killings and bodily harm. and bodily harm.  

According to the findings of the now legally binding verdict the defendant operated a platform on the Darknet as the sole administrator. darknet. The platform was designed to be as anonymous and closed off as possible. and with the addendum: "No control, everything allowed". Accordingly, he had set up various sub-categories dedicated to the for the promotion of narcotics and the distribution of weapons. After in November 2015, his platform was linked by the press to the acquisition of weapons for the attack in Paris on 13 November 2015, the defendant deactivated the wallets, the accused deactivated the weapons category in order to curb media interest in it. media interest in it. As early as 2 January 2016, he activated this category again, so that so that it and the requests stored in it were visible to registered users of the platform. platform were visible. 

This platform was used by users to conduct illegal illegal arms transactions without the necessary firearms licences. were carried out. The subject of one of these transactions was the sale of a pistol Glock and 567 cartridges to 18-year-old David S., which the seller, Philipp K., who has since been convicted by a final court decision, on 20 May and 17 July 2016. 2016. 

In the early evening of 22 July 2016, David S. shot with the the gun and ammunition at a group of youths in a McDonalds branch in Munich's Olympia shopping centre. Five youths died, one was seriously injured. David S. then left the shopping centre and shot at those fleeing on foot. those fleeing on foot. In doing so, he killed three more people, three suffered serious serious injuries. He went back into the mall and shot a young man there. a young man. As he fled, he shot and injured another person. by 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. involved in the planning of this crime. The accused also knew nothing about these plans. But he could and should have realised that the possibility of acquiring weapons anonymously outside the away from the regulated legal market could lead to the purchaser acquiring a firearm in this way. firearm acquired in this way to kill and injure people. people. This is true, especially since the defendant had been informed by the reporting on the of the Paris attack had made him aware of such a possibility. 

The Federal Supreme Court dismissed the defendant's appeal as unfounded. The proceedings are thus legally concluded.

Order of the Federal Supreme Court of 6 August 2019 - 1 StR 188/19

Previous instance: LG Karlsruhe - Judgment of 19 December 2018 - 4 KLs 608 Js 19580/17 

Source: BGH press release of 19.08.2019

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