Because a dog howled in a rented apartment in the northeastern district of habberge, the police made a not insignificant drug find. The neighbors had become aware of the howling of the 15 year old dog. Since there was a suspicion that a helpless person could be in the apartment, the landlord of the apartment informed the police. But the officers did not find a human being above the dog – but they did find a lot of hashish, marijuana and synthetic drugs, some of which were lying open in the apartment or were stored in cans and other containers.
In the rented apartment at the time, in march 2016, lived two young men. One of them received a criminal warrant for possession of narcotics below the not small amount. The other one was hit harder: because he already has five drug-related convictions, he had to appear before a criminal court at habfurt district court on wednesday, where he was charged with possession of a "not insignificant quantity" of drugs sentenced to a five-month custodial sentence.
Even delivered to the knife
The fact that the two of them could be prosecuted at all is their own fault. For both of them made lists for the investigators in which it was listed in minute detail which drugs belonged to whom, including the quantities involved. If both had denied possession, the prosecution had nothing to go on and could not press charges. But this was the first time that the 31-year-old defendant from the coburg district had to answer to the court – after having received five penal orders with fines, the last one last year amounting to 6,000 euros.
In the dock, through his lawyer, he stated that he had been using drugs since 2010. When his girlfriend threw him out of the apartment, he stayed with the acquaintance. He had never dealt in narcotics. In the meantime, he had reunited with his girlfriend. They have a child together and are engaged to be married. He let the drugs alone. Only occasionally did he smoke a joint, he openly admitted. He did not answer the prosecutor’s question about his dealers.
According to one of the police officers involved, the search of the apartment was like a crime movie: in the bedroom, they had a "line" on a mirror discovered with female powder. With the help of a drug-sniffing dog, other drugs were found.
Played with open cards
An officer of the criminal police schweinfurt said the lists handed in by both had given the impression that they both fell under the "not small amount" they tried to cheat, but it did not work out for the accused. An expert from the state criminal investigation office in munich confirmed in court that the active ingredient content of the drugs the defendant had declared as his property was 1.38 times the "not small amount".
The prosecutor credited the defendant with having played with an open hand and requested a seven-month suspended sentence, taking into account the fine of 6,000 euros as a harsh penalty. Because the defendant had already paid the fine, it could no longer be included in an overall sentence. As a condition, the accused should pay 1600 euros to a charitable organization.
The defense counsel did not rule out the possibility that the two drug owners could have made mistakes in the allocation of the drugs. It could therefore be that his client possessed less drugs – below the "not small amount". The lawyer therefore considered a further fine of 5000 euros to be sufficient.
However, the court imposed a custodial sentence because the defendant needed a sword of damocles over his head, argued judge ilona conver in the sentencing memorandum. As a condition, he must attend six appointments with the addiction counseling service. The court spared the father, who is currently only receiving parental allowance, a monetary fine. The verdict is already in force.