By Philip Blenkinsop
BERLIN (Reuters) - A top German court on Friday ordered the retrial of a cannibal who killed and ate a willing victim, saying his manslaughter conviction in the bizarre case of sexual fetishism was too lenient.
Reuters Photo
"The conviction only for manslaughter and not for murder does not stand up to legal review," the Federal Court of Justice said in a statement, upholding an appeal by prosecutors.
Armin Meiwes, 43, was sentenced to 8-1/2 years in January 2004 after a gory case that both fascinated and repulsed Germany and the world.
Meiwes admitted to killing a Berlin computer specialist, Bernd-Juergen B, he met via the Internet, but was initially spared a murder conviction because the victim had asked to be eaten.
Prosecutors appealed, saying Meiwes should have been found guilty of murder as he had killed to satisfy perverted desires.
Defense counsel Harald Ermel urged the lesser "killing on request," a form of illegal euthanasia that carries a maximum five-year sentence. He argued Meiwes' sole motive was to meet the wishes of his victim who had wanted this "beautiful death." He was sentenced to 8-1/2 years as his conviction was for manslaughter.
Meiwes recorded the deed on video tape and shocked the trial court with his matter-of-fact account of how he severed the man's penis at the latter's request, and how they both tried to eat it, first raw and then fried.
Ermel said Thursday's ruling did not necessarily mean that Meiwes would be found guilty of murder.
"It simply means it is being sent back. It will be checked again and the court could again say 'no' to murder," he told Reuters, adding he had not spoken to his client.
The federal court ruled that Meiwes' crime could have constituted murder as it included characteristics required for the higher crime, namely the satisfaction of sexual desires and the enabling of a further crime.
It said the lower court had ignored the fact that Meiwes had recorded the slaying for sexual gratification at a later date.
"There does not need to be a relationship of immediacy, in the sense of the killing and the sexual satisfaction having to be in a confined time space," the higher court said.
The federal court judges also ruled that the killing had made possible other later crimes, such as interfering with a corpse, glamourising violence and spreading pornography.
The retrial will be in a Frankfurt court. It is unlikely to start for several months.
BERLIN (Reuters) - A top German court on Friday ordered the retrial of a cannibal who killed and ate a willing victim, saying his manslaughter conviction in the bizarre case of sexual fetishism was too lenient.
Reuters Photo
"The conviction only for manslaughter and not for murder does not stand up to legal review," the Federal Court of Justice said in a statement, upholding an appeal by prosecutors.
Armin Meiwes, 43, was sentenced to 8-1/2 years in January 2004 after a gory case that both fascinated and repulsed Germany and the world.
Meiwes admitted to killing a Berlin computer specialist, Bernd-Juergen B, he met via the Internet, but was initially spared a murder conviction because the victim had asked to be eaten.
Prosecutors appealed, saying Meiwes should have been found guilty of murder as he had killed to satisfy perverted desires.
Defense counsel Harald Ermel urged the lesser "killing on request," a form of illegal euthanasia that carries a maximum five-year sentence. He argued Meiwes' sole motive was to meet the wishes of his victim who had wanted this "beautiful death." He was sentenced to 8-1/2 years as his conviction was for manslaughter.
Meiwes recorded the deed on video tape and shocked the trial court with his matter-of-fact account of how he severed the man's penis at the latter's request, and how they both tried to eat it, first raw and then fried.
Ermel said Thursday's ruling did not necessarily mean that Meiwes would be found guilty of murder.
"It simply means it is being sent back. It will be checked again and the court could again say 'no' to murder," he told Reuters, adding he had not spoken to his client.
The federal court ruled that Meiwes' crime could have constituted murder as it included characteristics required for the higher crime, namely the satisfaction of sexual desires and the enabling of a further crime.
It said the lower court had ignored the fact that Meiwes had recorded the slaying for sexual gratification at a later date.
"There does not need to be a relationship of immediacy, in the sense of the killing and the sexual satisfaction having to be in a confined time space," the higher court said.
The federal court judges also ruled that the killing had made possible other later crimes, such as interfering with a corpse, glamourising violence and spreading pornography.
The retrial will be in a Frankfurt court. It is unlikely to start for several months.
