Emmerich-Elten/Kleve.
Revision in the process of the former brothel Casa Rossa in Elten, after the accused has already served his sentence. Verdict has been adjusted.
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The case, which was changed on Wednesday before the district court in Kleve, almost met the requirements of an absurd play. Crimes were tried that had been going on for a decade or more and the sentence, which was suspended anyway, has long since been served.
The defendant came all the way from Brazil
Strictly speaking, the 1st major criminal chamber, chaired by judge Winfried van der Grinten, was faced with the task of finding a new sentence for a guilty verdict of around 150 points in cases 132-135. She did so, and the chamber made a new prison sentence of one year and ten months, which was now only one year and six months.
The defendant, the former brothel operator of the Casa Rossa in Emmerich-Elten, had traveled to Kleve from his new home in Brazil for this manageable reduction in his sentence. The trial had to be postponed twice, once because the defendant’s address could not be found, and a second time because Marvin B. had contracted Corona. The original judgment dates back five years, two years ago the Federal Court of Justice ruled on the appeal and ruled that the four points mentioned had to be calculated differently than the Kleve District Court had done in its first judgment.
The bogus self-employment meant additional tax demands
At the same time, however, the trial brought to light a tragedy that had taken place in the accused’s family after the judiciary had subjected their professional existence in the red-light district to a close scrutiny. Originally, Marvin B. was accused together with his parents. In 2010 he took over the brothel, which had been run as a “commercial room rental”, from his parents.
In the establishment, the women apparently worked independently. Allegedly, they rented a room and paid a fixed amount for it depending on the duration. As in many other cases, the Chamber of Criminal Commerce of the Kleve District Court considered this type of legal construction to be a lie, since the prostitutes had not rented a specific room and were also not free to decide whether to refuse or serve a customer.
The parents are now deceased
In other words, bogus self-employment, which automatically leads to high additional claims for taxes and social security contributions. But the calculations are complex, and something had to be corrected at a secondary theater of war. “It’s just a repair job,” says Richter van der Grinten.
However, only two of the three defendants at the time had appealed, the son and his father. The mother had since passed away. On Wednesday, only the son was present in court. The father is now gone too. Defense attorney Joachim Albert (Düsseldorf) reported how much these deaths had affected his client. “He thinks this procedure destroyed his family,” Albert said.
The judge handed the accused a handkerchief
Marvin B. himself burst into tears when describing the family situation. Judge van der Grinten handed him a Tempo handkerchief.
The fourth, but in all likelihood last, trial in the Casa Rossa case ended with the reduced guilty verdict. The first trial also made headlines in 2017, as it had to be completely canceled due to the pregnancy of a judge. The renegotiation ended with the guilty verdict, which the Federal Court of Justice in Karlsruhe objected to in the details that were now fixed on Wednesday.
More articles from this category can be found here: Emmerich / Rees / Isselburg
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