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Convicted Nazi war criminal may avoid jail

The Local · 12 Aug 2011, 09:06

Published: 12 Aug 2011 09:06 GMT+02:00

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Josef Scheungraber, now 92, was sentenced to life in prison by a Munich court in 2009 for the deaths of 10 people in Tuscany in the 1944 massacre.

But he has remained free as lawyers launch successive appeals. Although the courts have upheld Scheungraber’s conviction, prosecutors and defence attorneys now agree that he is too mentally incompetent to go to prison, according to the Süddeutsche Zeitung.

The latest report on his mental health, which was commissioned by prosecutors, says Scheungraber is completely disoriented and confused about what’s happening.

"A prison sentence makes sense only if the person knows that he is suffering a penalty," his attorney Gunter Widmaier told the Süddeutsche. “With Mr. Scheungraber, that’s no longer the case.”

The prosecutor, Barbara Stockinger, meanwhile, said courts would have to decide what to do with the man.

“There is still no final decision,” Stockinger told the newspaper.

Scheungraber became known for his strenuous pleas of innocence during his trial, in which he railed against prosecutors and the entire criminal justice system.

His lawyers have long said witness testimony is controversial and two much time had passed between the events in question and his conviction.

Story continues below…

The Local/mdm

The Local (news@thelocal.de)

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Your comments about this article

15:41 August 12, 2011 by finanzdoktor
Too (not two) much time has passed between the events in question and his conviction. Well, whose fault is that, the prosecutors? Or, Herr Scheungraber who hid for all those years?

Now after two years of appeals, he is mentally incompetent to serve the sentence he deserves. What to do? How about putting him into an institution, so at least some justice is served, and he receives the care he needs (not necessarily deserves). This way, a bit of mercy is also shown (I am not a cold-hearted SOB, after all).
18:07 August 13, 2011 by wenddiver
Put him in a prison in th Italian Town where h commited his crime.
18:59 August 13, 2011 by Englishted
Some crimes are timeless ,and this is one of them.
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