Curschmann, Schubel & Partner
Rechtsanwälte

 

Per Telefax Nr. 0032 2 230 17 63

 Australian Embassy
and Mission to the E.C.
Attorney General's Department
Att. Frank Schöneveld

B-1040 Brussels

Hamburg. Den 21.04.1994

Re: David Irving

Dear Mr Schöneveld,

Your general question concerning the situation at German Law where a person has been convicted and has lodged appeal against that conviction can be answered as follows:

According to section 449 of the German Criminal Procedure Act, criminal convictions are not executable as long as they are not final and binding, i.e. as long as an ordinary appeal is still possible. Furthermore, the person is presumed to be innocent. Nevertheless, during this period, provisional measures like pre-trail [sic] confinement are possible.

In this context, please note that the constitutional complaint mentioned in my fax of 20.04.1994 is not considered to be an ordinary appeal but an extraordinary legal relief.

Best regards,
Yours sincerely.

Dr. Jan Curschmann