In october, the lawyer, who had been convicted by law, was granted a stay of execution for the purpose of dissolving his law office
According to the berlin judicial authorities, the lawyer baron gunter von gravenreuth, who has been sentenced to an unconditional prison term, is still at liberty. Although he had already been summoned to appear in prison in october, a request for a deferred sentence was granted, which he justified, according to the enforcement department, by saying that he needed time to dissolve his law firm. He is now scheduled to begin serving his final sentence in february. However, berlin is keeping quiet about which institution this will be.
The fact that gravenreuth is not yet in custody was indicated by a fax with which he complained last week to the freising it lawyer thomas stadler, referring to § 10 of the german telemedia act (tmg), about a commentary by the regensburg lawyer markus baron von hohenhau in which stadler, however "neither a false statement of fact nor a defamatory criticism" could recognize the name of the lawyer and therefore did not remove him. Instead, lively discussions are taking place there and elsewhere on the web about internet access in prisons, possible legal remedies against serving a sentence, and the professional consequences of gravenreuth’s behavior.
The elaborate nameplate in munich-schwabing can still attract passers-by
If a criminal judgment is passed against a lawyer, the bar association and the office of the attorney general are also notified on the basis of the order on notifications in criminal matters (mistra). If the verdict is legally valid, the court will initiate legal proceedings against gravenreuth. There it will be examined whether a "disciplinary overhang" exists. Criteria for this are, among others, whether there is a connection to the professional activity, whether it is an intentional act, and whether the lawyer’s duty to tell the truth was affected. In the case of a traffic offense committed through negligence, for example, one could come to the conclusion that the sanctions pronounced in the criminal proceedings were already sufficient and that further disciplinary sanctions were not necessary. In cases involving "foreign money" on the other hand, the pronouncement of a representation prohibition is also conceivable in the case of a preservation penalty.
At least so far such a withdrawal of admission does not seem to have taken place yet: gravenreuth is still listed in the official list of attorneys. Also the entry in the telephone directory under the same address reads as follows "lawyer", likewise the occupation designation is still attached to the name on its web page. The munich bar association refers to the obligation of secrecy according to § 76 of the federal lawyers’ act (brao) and to the fact that the chamber only grants access to information on professional legal steps "forfeiture of benefits" can revoke. The attorney general’s office is similarly cagey, referring to § 135 brao, according to which proceedings before the lawyers’ court are only open if the person concerned so desires.