Being committed to a psychiatric ward against one’s will for seven years, and for no reason at all, is truly a horror scenario for anyone. This is exactly what happened to Gustl Ferdinand Mollath. He was born on November 7, 1956, in Nuremberg and became infamous throughout Germany as a victim of the Bavarian justice system. In 2006, Gustl Mollath was committed to a psychiatric hospital because of the crimes he was accused of and his insanity, as determined by experts. It was only after several appeals over a period of six years that doubts about the allegations against Mollath were raised in 2011. But how could this have happened in the first place? After attending Waldorf school, Gustl Mollath graduated from the Hiberniaschule in Herne in 1976 with a technical college entrance qualification and a journeyman’s certificate. During this time, he met his future wife Petra, whom he married in 1991 and who worked as a financial advisor at HypoVereinsbank. From 1981, he worked for two years for the machine manufacturer MAN in the controlling department until he opened his own car repair shop, Augusto M. In November 2002, his wife Petra reported her husband for assault. Gustl is alleged to have hit her at least 20 times in August 2001 and May 2002, as well as biting, kicking, and strangling her. As a result, in May 2003, the Nuremberg-Fürth public prosecutor’s office brought charges against Gustl Mollath for grievous bodily harm and false imprisonment. The main hearing began in September 2003 at the Nuremberg District Court. In December, Gustl Mollath filed a criminal complaint with the Nuremberg-Fürth public prosecutor’s office. He accused his wife and other employees, as well as 24 customers of HypoVereinsbank, of tax evasion, black money, and insider trading. The public prosecutor’s office rejected the complaint in February 2004 without examining the allegations, as they were only general suspicions without any concrete details. In April, the main hearing continued, with an expert witness attesting that Mollath had mental health issues. In the meantime, the Mollaths divorced. In February 2005, Gustl Mollath was admitted to Bayreuth District Hospital for five weeks for outpatient assessment of his mental state. As several car tires and cars involved in the Mollath case had been damaged, the charges against Mollath were extended to include property damage in September 2005. However, this was done without any evidence. In December 2005, the Nuremberg District Court decided to transfer the case to the Regional Court. In January 2006, Gustl Mollath was admitted to a psychiatric ward by the Nuremberg Regional Court without being heard. In August 2006, an expert certified that Gustl Mollath had a paranoid mental disorder. The incomprehensible thing about this was that the expert had prepared this report without ever having examined him personally. Mollath was then acquitted by the Nuremberg Regional Court on grounds of insanity, but was ordered to be placed in a closed psychiatric ward. Gustl Mollath then appealed, but his appeal was rejected as unfounded by the Federal Court of Justice in February 2007. From then on, Gustl Mollath fought for an appeal and tried to draw attention to his case with the help of the media. Over the years, voices grew louder and louder that Mollath was wrongfully confined to a psychiatric ward. Bavarian Minister of Justice Beate Merk rejected this accusation in a plenary session of the state parliament in December 2011. She confirmed this again in March 2012 in the state parliament’s legal committee. Mollath’s accusations against HypoVereinsbank did not give rise to reasonable initial suspicion for the public prosecutor’s investigation. The tide turned in November 2012 when an internal audit report by HypoVereinsbank from 2003 was made public, in which the bank admitted that Gustl Mollath’s allegations of illegal funds were justified. The Free Voters then called for Merk’s resignation. She has now announced that Mollath’s case should be completely reopened. Merk instructed the Attorney General’s Office to file a motion to reopen the proceedings. In February 2013, the Nuremberg judiciary admitted to errors in the 2006 ruling. Mollath’s lawyer, Gerhard Strate, then officially applied for the case to be reopened at the Regensburg Regional Court. In March 2013, the Regensburg public prosecutor’s office filed for the case to be reopened. In April 2013, all factions in the Bavarian state parliament voted in favor of an investigative committee. Florian Herrmann was appointed chairman of the committee. In May 2013, the investigative committee began its work. In June 2013, pressure mounted on HypoVereinsbank regarding the illicit financial transactions of former employees, but on June 12, the Bayreuth Criminal Enforcement Chamber ruled that Mollath would remain in psychiatric care. In July 2013, the Regensburg Regional Court rejected the motions for a retrial filed by the public prosecutor’s office and Mollath’s defense as unfounded. Although mistakes had been made, they were not so serious as to justify a retrial. Gustl Mollath continued to languish in the psychiatric ward. In a completely surprising move, on August 6, 2013, the Nuremberg Higher Regional Court overturned the Regensburg decision. The court ordered a retrial and Mollath’s immediate release. On September 5, 2013, the Federal Constitutional Court in Karlsruhe ruled in Mollath’s favor, stating that the decisions regarding his confinement since 2011 were not sufficiently justified. In July 2014, the criminal proceedings against Mollath were reopened at the Regensburg Regional Court. In August 2014, Gustl Mollath was acquitted by the Regensburg Regional Court of the charge of damaging cars, but the court was convinced that he had beaten his ex-wife. One week after the Regensburg Regional Court’s ruling, Mollath filed an appeal. However, the Federal Court of Justice rejected the appeal filed by Mollath’s new lawyer. This meant that the ruling in the retrial at the Regensburg Regional Court was final. In March 2019, Mollath took the Free State of Bavaria to court. In the civil lawsuit, he claimed approximately 1.8 million euros in damages for 2,747 days spent in a psychiatric ward. Gustl Mollath, who now lives in seclusion outside Bavaria, ultimately received more than 600,000 euros in compensation from the Free State of Bavaria.
By Isabella Mueller
Welcome to my journey through creativity and discovery! My name is Isabella Mueller, and I invite you to explore the fascinating creative universes I create through my blogs. Since 2020, I have been dedicating my passion to telling captivating stories that are mysterious, historical, and emotional. My goal is not only to entertain, but also to inspire reflection and awaken the spirit of discovery in each of us. At isabellas.blog, the suspense of crime stories is combined with exciting travel tips. Imagine wandering through the picturesque streets of a new city, uncovering dark secrets hidden in the shadows of its history. Every piece on my blog is designed to make the heart of every crime fiction fan beat faster while sparking curiosity about unknown places. Here, you are invited to experience the thrill of the unknown and the beauty of our world—a perfect combination for all adventure seekers! My second blog, akteq.com, is all about true, unsolved crime stories. Under the motto “akteQ: Cold Case Stories,” I reveal the eerie and often tragic stories behind unsolved cases. Together, we can explore the mysteries of the past and delve deep into the human psyche. What really happened? Who were the people behind these mysterious events? In this blog, I invite you to ask questions and find the answers that often remain hidden in the dark. You can find another exciting chapter in my blogging career at thecastles.org. Here, I embark on an enchanting journey through the history of castles and palaces. Pause for a moment as you discover the stories hidden within the walls of these ancient structures. “Explore the enchantment, discover the history – your journey begins at thecastles.org!” These words are more than just a slogan; they are an invitation to anyone who wants to combine history and magic. Be inspired by the impressive stories and the fascination of bygone eras! But that's not all! At kripo.org, you'll find a comprehensive online magazine for real criminal cases. Immerse yourself in the world of crime, learn about the real stories behind the headlines and the people who are involved in solving them. With criminal.energy, I take you on a journey through the gripping stories of true crimes in which villains are hunted, caught, and convicted. The search for justice and the confrontation with the unknown are at the center of it all. TrueCrime Blog 187.news takes you into the depths of crime. And for those who want to travel the world, wanderlust.plus offers the opportunity to explore the world, one adventure at a time. It's all about the love of exploration and the joy of discovering new cultures and landscapes. Finally, truecrime.ch invites you to discover the dark side of Switzerland and Europe: true crimes, true stories. Let's discover together the stories that shape the world around us. I look forward to accompanying you on this exciting journey and hope you will share many unforgettable moments with me!
