Former elected officials put the CDU in trouble

HA serious case of sexual assault leads to debates at the CDU in Baden-Württemberg. A former elected official is said to have had a sexual relationship with a child who was 13 or 14 years old between 2007 and 2011. She is said to be the daughter of a close friend who recently passed away. The age difference between the alleged perpetrator and the alleged victim was 30 years. The alleged victim is said to have ended the relationship in 2011 and then reported the politician in 2018.

There were two investigations, one of which was terminated due to lack of evidence under Section 170(2) of the Code of Criminal Procedure. The second was also stopped after paying a fine of 30,000 euros according to Article 153a of the Code of Criminal Procedure without admitting guilt, because the allegations here also cannot be sufficiently substantiated. According to the information from the FAZ, the onset of sexual relations could not be established.

In principle, it is possible to start the preliminary investigation again, unless all allegations of crimes become prohibited by law. The former politician is considered innocent in order to preserve his personal rights, and the former accused is represented by a well-known media lawyer. The accused has always denied the allegations against him.

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The Welt am Sonntag newspaper first reported on the case in April, completely anonymously. Within the CDU in Baden-Württemberg, the man was considered deputies with little influence in the state party and also in the political bodies to which he belonged. It is said that there were rumors at the residence of the former elected official, and some journalists are said to have tried to research the case as early as 2021, but to no avail. The state leadership of the CDU has now asked the former MP, who is considered innocent, to leave the party. He seems to refuse.

The CDU chief said the case presented his party with a major dilemma that could not be resolved on legal grounds: “If he had been judged by the rule of law, we could have initiated the party’s exclusion procedure. Therefore, it is unsatisfactory for us to morally condemn this supposedly bad behaviour. Very.” “There is simply no legal basis,” said the district chief.

Would the new sexual criminal law allow for an indictment?

There might have been an indictment if prosecutors were to take the revised Sexual Criminal Code into account since 2021. At that time, the penalty was increased, which would have resulted in a statute of limitations later. The competent Public Prosecution did not comment on the case. “We are not confirming the measure because the interests of people who deserve protection take precedence,” a spokeswoman said.

This week, the former accused gave up his last position in the party. The case is complicated by the fact that one of the association chiefs responsible for the district was informed of the alleged actions of the elected official because he was previously a high-ranking police officer in the district. So the prosecutor’s office informed him of the investigation. The state Department of Justice was also informed because the investigations related to the immunity of an elected official and because parliamentary bodies may have been involved in the investigations.

Police officer and former state attorney general Guido Wolff (CDU) had to treat their information as official secrets, which is why they had no proper way to prevent the mandate holder from being nominated again. The CDU only claims to have learned of the events from the newspaper article in April. A spokesperson said: “The National Assembly is shocked by the anonymous reports in the current case. We disagree with such potential behavior and make it clear that it should have no place in the CDU. There is broad agreement on this within relevant levels of the party.”

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