Supermarket owner faces retrial over insurance fraud after arson conviction upheld
A Munich court will re-examine whether a supermarket owner intended to defraud his insurer when he set fire to his own shop in Markt Schwaben, after Germany's highest court ordered a partial retrial.
The retrial
A different chamber of the Landgericht München II will hear the case on Thursday at 10:00. The proceedings are limited to the charge of insurance fraud. The man's conviction for attempted murder and arson, carrying a sentence of eight years and ten months, is already legally binding according to the Bundesgerichtshof (BGH).
The original crime
The 38-year-old supermarket owner was deeply in debt and his shop in Markt Schwaben, in the Ebersberg district, had been operating at a loss for some time. The court previously found that he conspired with an employee to destroy the business by fire. The plan was to allow the owner to exit the insolvent business while saving face, creating the impression among creditors that the fire caused the bankruptcy.
The fire and its consequences
The fire occurred in January 2022 and caused approximately two million euros in damage to the building. Four people who were in apartments above the shop managed to escape unharmed. The employee who carried out the arson on behalf of his boss received a nine-year prison sentence, which is also final.
The legal dispute
The Landgericht München II originally sentenced the owner to a total of nine and a half years in prison. The now 38-year-old appealed to the BGH and was partially successful. The federal court ruled that the lower court made legal errors regarding the insurance fraud charge. The prosecution maintains that the owner hoped to use insurance payouts to make a fresh financial start.
What is at stake
The retrial will focus on a single question: whether the man was already planning to commit insurance fraud at the time he set the fire. The rest of the sentence remains in force.
- Supermarket in Markt Schwaben destroyed by fire, causing around two million euros in damage.
- Four residents in apartments above the shop escape unharmed.
- Landgericht München II sentences owner to nine and a half years; employee receives nine years.
- BGH partially overturns verdict, ordering retrial on insurance fraud charge only.
- Retrial begins at Landgericht München II, focusing on whether insurance fraud was premeditated.
