Report about the finally ending of the trial at the district court Bochum (Landgericht) auf the thrird date of trial at Nov. 9th 2006

Ladies and Gentleman, I ´d told you already after the end of the trial about the verdict of non - guilty at the cost of the German tax - payers. But first now I ´ve got the wridden judgement, so that I can explain my thoughts about it in a refinded way. Because you are knowing the result, we should think about the possible endings of the trial.

1. Possibility: Finding of guilty without probation

In this case the authorities would forced me to act immediately. I would had gone to Switzerland at once in order to apply there for political asylum. Switzwerland offered a lot of advantages for me. I can reach Switzerland easyly and without problems. Switzerland is a German speaking country, therefore the complicated translation of my court records would not be neccessary at once. Further than Switzerland should join the Treaty of Schengen just in Jan. 1st 2007, what means that I would not coiuld stay in Switzerland forewer.
But it will be sure, that the medias of the world would be pointed out of my case. I would have used my new popularity in order to find Canadaian sponsors to provide for my support. Than my going to Canada would had been possible without any problems. Than I would had compensated the sponsors with a part of my income of the commerzialisation of the affaire.
Now, erything would have become very nice, but sorrowly the justice crossed my plans. Therefore I ´m not really happy bout the verdict of non - guilty...

2. Possibility: Finding of guilty with probation

Possible, but sich judgements are regullary added with additional punishments like fines and forced labor. I cannot pay fines, and I would not also make forced labor at all. That should have to notice the "non - commercial" club of social services, Bochumerstr. 90 in Herne more than in a very clear way in 2003. It will be claer that the female magener of the club denunciated me at the local court, but the court could only be angry about it. The authorities couldn´t afford such a humilitation twice, therefore a finding of guilty with probation would have been totally absurd.

3. Possibility: The discontinuation of the trial because of some formal juristical mistakes

But obviously the justice noticed that it had been a mistake to bring an action against me. The original declaration had been a little bit careless and contained some judical mistakes moreover, what already sonn might can be fatal for the female public prosecutor ..., because I denunciated her because of calumny. Further details will be published later.
But the authorities will principially never confess mistakes they have caused.

4. Possibitlity: Verdict of non guilte bcause of prooved innocense

This possibility would have been the most correct solution of the problem. At first I ´d never wanted to deceive anybody and it was not my failure thast my lawyer had given me wrong advices so that I had to regard the civil laws in a wrong way. But no, the justice would never show its weak - point at all...

5. Possibility: A verdict of non guilty "second class"

The advantages of this solution are obviously: I will not be punished and therefore I cannot demand for poltical asylum and connot pick up a row - at first. Further than the authorities can be relieved from an affaire tolerably without any loss of face.
But what ´s about the judgement?

4 Ns 33 Js 308/04 district court (Landgericht) Bochum, JUDGEMENT in the criminal case against Joachim Koßmann because of attempted fraud... in the name of the German people,,, the following persons took part at the trial...
It will be noticed to be right: The appealed judgement of the first instance is repealed. THE DEFENDANT IS DISCHARGED. The costs of the trial and the neccessaey costs of the defendant are accepted by the public treasury.
ARGUMENTATION:
The defendant was convicted to an imprisonment of four month because of attempted fraud by judgement of the local court (Amtsgericht) Herne. The defendant appealed against this judgement true in form and in time. The appeal was successful.

...........................
The defendant was to be discharged because of objetive reasons from the reproach of the prosecution.
The main hearing appeal came to objective results like the first instance because of the relevant statements of the defendant ideed.
But the defendant had not acted by committing the acts in the status of criminal responsibility after § 20 StGB (German criminal code), because the convincing and comprehensible statements of the expert ... because the defendant was not able to respect the illegality of his behaviour becaise of a griviant mental deformity and his querulous personality.
The condotions of the § 63 StGB were not been given after the opinion of the expert.
Bochum, Nov. 27th 2007, confirmed...

Now, we should think about the motivation of the judgement very carefully. What is a querulous person? A querulous person is a men who demands his rights or his alleged right in a very consequence way without compromises. Even only that seems to be blamable. But - not only - the church has been teaching us for milleniums that we have to suffer tort and injuries on the earth, because only than we will be able to earn to enter the heavenly paradise. But during the church promises to suffering people at least posthumous welfare, the justice doesn´t promise anything.
Therefore the justice by itselfs demands to be querolous, in order to engage itself fo the right. Why shall it be allright in the case of the justice but not for a confounded citizen? That will be the matter almost in cases, when the affected citizen wants to enforce his rigth by legal methods and with the help of the justice at all.
Things havn´t been changing principially. The state wants to get like the church adapted and uncritical sujects, who are willing to pay their taxes bravely and to crouch. People who are engaging themselves for the civil right movement were brushed off. If there would had been more querolous persons 70 years ago, the crimes of Auschwitz (Oswieczim) were not happened ...and such other cathastrophe were not taking place.
Can you risk to engage yourself by this conditions at all? If you ´are practising a "normal" job, you can´t do do likely. The presure of the employment market is too strong, even for high qualified university graduates. But if you are an artist you ´ve got more free motion, and I ´m willing to use it also further on, in order to secure my existence - I cannot work in a free of charge way - , but also for the advantage for the generality whom I ´m doing the bigger favour than to pay normal taxes.
Your Joachim Kossmann