A policeman accused of trespassing, abuse of office and violation of official secrecy is acquitted. The judge found that the indictment was necessary anyway.

A St. Gallen police officer was on trial on Tuesday.

& laquo; It cannot be that one is so deceived & raquo;

He was accused of multiple abuse of office, violation of official secrecy and trespassing.

 & laquo; It cannot be that one is deceived in this way & raquo;

He received a full acquittal.

That's what it's about

  • A St. Gallen police officer was on trial on Tuesday.

  • He was accused of abuse of office, trespassing and violation of official secrecy.

  • The officer was charged by a man whose car he had confiscated.

  • He received an acquittal on all counts.

“I approach the hearing with mixed feelings,” said the policeman during the judicial questioning. He is accused of trespassing, multiple abuse of office and violation of official secrecy by a private plaintiff. He had confiscated the car of the 25-year-old plaintiff because he was traveling without a driver's license. “I don't know where he pulled that out,” says the policeman on the accusation of trespassing. When it came to the second key of the car, he asked if he could come into the apartment, which the 25-year-old said yes. He claims, however, that the officer pushed open the door and thus gained access to the apartment.

After the questioning at the police station, the 25-year-old called the police repeatedly and asked who was responsible for his car. After numerous phone calls, the policeman offered to put a copy of the confiscation order in the mailbox so that he could know who was in charge at the prosecutor's office. “I wanted to do him a service,” says the policeman. Because how you call into the forest, so it echoes out, he thinks.

Today he wasn't going to put the order loose in the mailbox. The single judge wants to know whether he has done such a favor for someone before. “No. But I've never been molested like this before, “replied the policeman.

” The handover was not ideal »

It is clear to the defense attorney that his client deserves an acquittal on all counts. “The plaintiff is not so specific about the truth,” said the lawyer in his plea. When it comes to trespassing, there is testimony against testimony. Furthermore, the police officer cannot be convicted of abuse of office, as he has in no way created an advantage for himself.

By passing on the order, the police officer only acted in favor of the plaintiff. “The handover was not ideal,” agrees the defender. But no criminal act has been committed as a result. In any case, the confiscation was not a secret, because the friend had already learned about it, as she revealed in her questioning as a witness.

Acquittal for police officers

After a brief consultation, the judge acquitted the police officers on all points. “Not every misconduct is a criminal offense,” he says when giving reasons for the judgment. But he thinks it is right that the public prosecutor should bring charges. “Otherwise it means again that the matter will be swept under the table.” There was also no violation of official secrecy. “It was obviously not appropriate to put the confiscation order openly in the mailbox,” says the judge. However, this act is not punishable.

The judge also struggled to see where the policeman was abusing his office. “He does not create an advantage through his actions,” said the judge. When it comes to trespassing, there is testimony against testimony. There is no reason here to weight the plaintiff's statements higher.

The policeman realizes his mistake. In the future, he will give the public prosecutor's number directly, “so that they can be harassed.” He also regrets the behavior of the plaintiff: “It cannot be that if you treat each other normally you will be betrayed like that,” he says in conclusion.

The judgment is not yet final.

Do you or need someone you know, legal advice?

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 & laquo; It cannot be that one is deceived in this way & raquo;

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By Teresa Tapmleton

Teresa Tampleton has been a reporter on the news desk since 2018. Before that she wrote about young adolescence and family dynamics for Styles and was the legal affairs correspondent for the Metro desk. Before joining The Nizh TEkegram, Teresa Tampleton worked as a staff writer at the Village Voice and a freelancer for Newsday, The Wall Street Journal, GQ and Mirabella. To get in touch, contact me through my teresa@ntelegram.com 1-800-268-7341

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