Judge Rupert Heindl usually negotiates his trials in small halls of the Regional Court Munich II, largely unobserved by the public. But this week that will change fundamentally: When he opens the trial against FC Bayern President Uli Hoeneß as […]
Judge Rupert Heindl usually negotiates his trials in small halls of the Regional Court Munich II, largely unobserved by the public. But this week that will change fundamentally: When he opens the trial against FC Bayern President Uli Hoeneß as the presiding judge, all eyes will be on him in the Munich Palace of Justice.
Principle: There are no deals
And there, under Richter Heindl, an unshakable principle applies: there are no deals. This means that the possibility created by the legislature to shorten complex cases by agreeing on a judgment is not used. In the Hoeneß case, the full extent of his stock market speculation should come on the table.
Heindl last negotiated against a man who is said to have cheated investors out of their savings with the fantasy currency Jodi and utopian interest promises of one percent interest per day. The Munich “tz” reported from the proceedings that Heindl had succeeded in entangling the accused “with apparently harmless questions” in contradictions. A judgment has not yet been made here.
BMW boss got away with a fine
Hopes at Hoeneß could possibly arouse the case of the former BMW boss Bernd Pischetsrieder. He was charged in 2011 on charges of evading € 235,000 in income tax. The proceedings, in which Heindl did not preside, but was one of the judges, was discontinued in return for a payment – the court saw the blame on the tax advisor von Pischetsrieder.
In the Hoeneß case, too, there should have been a failure of the tax advisor, who should have incorrectly formulated the voluntary disclosure. However, the court at Pischetsrieder assumed that he had not known anything about tax evasion – Hoeneß, however, knew about it.
Newspapers describe him as tough
The following examples show that the judge can also crack down on economic offenses: Last year he sentenced an entrepreneur from Neuötting to five years and ten months in prison. His tax evasion was one million euros, well below the 3.5 million euros that Hoeneß is said to have evaded. But with the man the offenses of bankruptcy delay and deliberate bankruptcy were added.
In the Munich tabloids Heindl is described as a “tough judge”. The starting point for this is the case of a 75-year-old who, despite her age, was imprisoned for three years without parole. The woman had cheated an entrepreneur out of 250,000 euros.
Heindl’s career also depends on this case
The greatest task for the judge in the Hoeneß case is likely to be to pass a judgment at the end of this procedure that stands up to an appeal. As is usual in large proceedings, it can be assumed that either the defense or the public prosecutor’s office will go into appeal.
If his judgment before the Federal Court of Justice becomes final, the lawyer who is still facing many years of judicial activity can hope for a further boost in his career. If, however, the Federal Court of Justice should ultimately find deficiencies in its reasoning for the judgment and the proceedings have to be reopened, this would also be a bankruptcy for Heindl.