Verdict against left-wing extremist: why Lina E. does not remain in custody

DThe Dresden Higher Regional Court sentenced left-wing extremist Lina E. to five years and three months in prison on Wednesday, among other things, for serious bodily harm. The judges found it proven that she was a member of a criminal organization that hunted right-wing extremists and those they believed to be. But why was she released from custody?

Lina E. has been in custody since November 5, 2020. The basis for this was an arrest warrant from the Federal Court of Justice for the risk of absconding. This arrest warrant was suspended by the Dresden Higher Regional Court on the very day she was sentenced to more than five years imprisonment subject to conditions – at first glance this seems contradictory.

However, the decision can be explained legally: The Dresden judges sentenced Lina E. to a considerable prison sentence. However, this decision is not yet final. Lina E.’s lawyers have announced an appeal to the Federal Court of Justice. It will therefore only be seen in a few months whether the conviction of the left-wing extremist is upheld. It could even take up to a year and a half before a final decision is made.

Until then, Lina E. is legally innocent. Continued detention must always be proportionate. The rights of Lina E. must therefore be weighed against the risk of escaping. The Dresden judges are of the opinion that the risk of absconding can now be minimized without pre-trial detention. They have taken a number of precautions: The higher regional court has assigned Lina E. a specific place of residence, which she can only change with his consent. She has to report to the police twice a week. If the left-wing extremist wants to leave the area where she lives, she must announce this in advance. Lina E. also had to give her ID to the court.

Lina E. has no criminal record

Some observers doubt that these measures are sufficient to prevent an escape. Lina E.’s partner, who may have been the ringleader of the left-wing extremist group, has gone into hiding. The left-wing extremist could therefore also have a private interest in following him. The Dresden judges will have taken this risk into account in their assessment.

At the same time, however, aspects that exonerate Lina E. should also have flowed into her considerations: The left-wing extremist has no criminal record. Her health deteriorated while she was in custody. In addition, there was sometimes prejudiced reporting during the trial, including photos and naming her full name in a right-wing extremist magazine. A court must not ignore such burdens.

It is very likely that mathematical considerations also played a role in the decision of the Dresden judges: Prisoners who did not previously have a criminal record usually only have to serve two thirds of their sentence – at least if they do not behave completely wrong in prison. Lina E. had already been in custody for two and a half years. She is said to have behaved appropriately there. Your previous imprisonment would be counted towards your imprisonment if the judgment became final.

It is very likely that there is only a remaining sentence of about a year to be served. Ultimately, the judges in Dresden seem to consider it unlikely that this one-year imprisonment could tempt the left-wing extremist to go into hiding despite the conditions.