Fashion designer Rudolph Moshammer and his Daisy. Moshammer was murdered in 2005 – now his killer may soon be released.
© dpa
His deed caused horror in 2005: Herish A. (42) strangled fashion czar Rudolph Moshammer with a cable. For this he had to go to prison for life. Now he could soon be free.
Munich – On January 14, 2005, fashion guru Rudolph Moshammer († 64) died. He met his murderer at the main train station: Herish A. (42). The Iraqi strangled Moshammer in his Grünwald villa. A case that moved all of Germany. And which still preoccupies the judiciary. As our newspaper found out, A. could be released from prison next summer.
Moshammer murder in Grünwald: the minimum period of serving was set at 18 years
Herish A. is currently sitting behind bars in the Straubing correctional facility and is serving his life imprisonment there. The Munich * district court had convicted him of murder in November 2005 – around ten months after the crime. At the time, the jury found it proven that the Iraqi committed the murder out of greed and treachery. According to the verdict, he wanted to rob Moshammer – and wrapped a cable around his neck. The particular gravity of the guilt was determined against A. at that time, the highest punishment that a German court can impose.
That means: Even after 15 years – that is how long the sentence is “lifelong” according to the law – a convicted murderer is still not released. At Herish A. there is a surcharge: “His minimum period of service was set at 18 years,” says Anne Leiding, spokeswoman for the Munich I public prosecutor’s office, on request. “The minimum period of service will be reached in mid-January 2023.” This is how the Penal Enforcement Chamber of the Straubing District Court had determined. The decision is dated June 2020.
Herish A. is to be deported to his home country
The judiciary’s plan: Herish A. is to be deported to his home country after he has been detained. Until then, the state will pay for the Iraqi’s long imprisonment. In the meantime, however, the end of his time in prison is clearly becoming apparent. Senior Public Prosecutor Anne Leiding says: “From the enforcement booklet it can be seen that deportation would be conceivable from July 2022 at the earliest.”
“When my client will be released has not yet been clarified,” said attorney Adam Ahmed, who represents the Moshammer murderer, to our newspaper at the beginning of last year. Since then, the case has changed – and Herish A. could be a free man in just 14 months. Because the order of the German authorities ends at their own border. How the Iraqi state deals with the convicted murderer is his own decision. In theory, Herish A. can continue to live there unmolested. On the other hand, it is very unlikely that he will stay in Germany, especially since extensive reintegration measures would be necessary on the part of the judiciary.
After Moshammer murder: perpetrator behind bars for 17.5 years
Glück für Herish A .: According to the law, there is actually no upper penalty limit for a murder conviction with particularly serious guilt. He might have had to stay in prison for many more years. As a rule, no more than ten additional years are imposed in Bavaria. But in his case there will be only two and a half additional years beyond the life imprisonment (15 years) by the summer of 2022. In total, the killer would have spent 17.5 years behind bars.
“First, however, we have to wait and see how the enforcement will proceed,” says Anne Leiding. Because should Herish A. become suspicious in detention, it can be extended again. But that is considered unlikely, because A. was previously an inconspicuous prisoner, plays sports and takes part in group events. On the other hand, the murderer is reluctant to be approached about the Moshammer case. – ANDREAS THIEME – * tz.de is an offer from IPPEN.MEDIA.
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