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Case: Nils D. (Charges) -

Case No:III-6 StS 5/18; StB 52/18 - 2nd Inst. Verdict – Final

Prosecuting Country: Germany

Nationality: German

Sentence

2nd Instance:

Trial to be opened

1st Instance:

Ne bis in idem

Case Summary

On March 4, 2016, the Higher Regional Court Düsseldorf found Nils D. guilty of membership in a foreign terrorist organisation and sentenced him to 4 years and 6 months in prison. Following new evidence, the Federal Prosecutor General’s Office filed a new indictment considering several counts of war crimes, more counts of membership in a foreign terrorist organisation, as well as counts of murder. As the indictment covered parts of the indictment period adjudicated during the previous trial, the Higher Regional Court Düsseldorf refused to open a new trial, arguing it would violate the ne bis in idem principle. However, the Federal Court of Justice on 18 December 2018 declared the new indictment valid and ordered the opening of a new trial, resulting in the proceedings in case 3StR 187/22.

Criminal Case Records

Indictment

13 July 2018

Core International Crimes Charges

3 counts of war crime of murder, 3 counts of war crime of torture

Terrorism Charges

3 counts of membership in a terrorist organisation

Other Domestic Charges

3 counts of murder

Verdict

2nd Instance:

Core International Crimes
Indictment valid
Indictment valid
Domestic Crimes
Indictment valid

1st Instance:

Core International Crimes
Ne bis in idem
Ne bis in idem
Domestic Crimes
Ne bis in idem

More details

Defendant

Nationality:

Gender:

Progress details

Case status: 2nd Inst. Verdict – Final

Verdict status: N/A

Case details

Affiliated group: ISIS

Travelled to conflict zone: Yes

Prosecution

Special procedure: N/A

Ground of jurisdiction: Active Personality

Sentencing Data

Mitigating Factors

N/A

Aggravating Factors

N/A

Evidence Used

Previous judgment in case of defendant being found guilty of membership offences
Annexes of trial transcripts of previous trial of defendant
Witness testimony

Sources

Indictment – Press Release

1st Instance Verdict – Full Judgment

2nd Instance Verdict – Full Judgment

Last update: 2 May 2025