Chapter 391: The Gavel Falls (Part 2)

Chapter 391 -36: The Gavel Falls (Part 2)

“The prosecution points out that the defendant possesses substantial overseas assets in Switzerland and Liechtenstein, with a total value exceeding six million Swiss francs. The existence of these assets does indeed violate the relevant provisions of the former East Germany’s Foreign Exchange Control Act.”

Stein sat at the prosecutor’s table, his body leaning slightly forward.

“However,” Judge Schultz’s tone shifted, “the court must consider the following issues.”

“First, the nature of the defendant’s work.” The judge turned a page. “The defendant worked for Koko for twenty-six years, with the duty of earning foreign currency for the state. According to Koko’s internal regulations, staff members could receive a certain percentage of commissions and bonuses from successful trades.”

“Evidence provided by the defense shows that a portion of the defendant’s income came from these legitimate commissions and bonuses.”

“Second, the issue of legal applicability.” Judge Schultz took off his glasses. “Should the laws of the former East Germany continue to be valid today?”

He looked at everyone in the courtroom.

“According to Article 19 of the German Unification Treaty, the laws of the former East Germany are, in principle, null and void. Only those East German laws that do not violate the Basic Law of the Federal Republic of Germany and the principles of human rights can continue to apply.”

“Then, does the former East Germany’s Foreign Exchange Control Act meet this standard?”

Judge Schultz’s voice rose. “The court believes that the purpose of this act was to maintain the East German regime’s monopolistic control over the economy and to restrict the citizens’ property rights. This contradicts the principles of property rights and economic freedom guaranteed by the Basic Law of the Federal Republic of Germany.”

“Therefore,” the judge paused, “the court finds that the former East Germany’s Foreign Exchange Control Act lacks the legal validity for continued application.”

The gallery erupted in an uproar.

Stein’s face turned deathly pale. This verdict had, in essence, completely demolished the foundation of his indictment.

Judge Schultz banged his gavel. “Order.”

“Third,” the judge continued, “even if we take a step back and assume the act is still valid, the court must also consider the defendant’s subjective intent and objective actions.”

“According to evidence provided by the defense, the defendant used a significant portion of his overseas assets to help political prisoners, fund dissidents, and support the Solidarity Union of Poland.”

“Especially his support for the Solidarity Union of Poland,” Judge Schultz’s tone became solemn, “which has significant historical importance. The Solidarity Union was a key force in promoting the democratization of Eastern Europe. The financial and personnel assistance provided by the defendant objectively advanced the cause of freedom and human rights.”

“According to the Radbruch formula,” the judge looked at Stein, “when a person’s actions, while formally violating the laws of a certain regime, substantively promote basic human rights and justice, the court should find that their actions possess a supralegal justification.”

“Therefore,” Judge Schultz’s voice became even more resolute, “even if the defendant’s actions formally violated the laws of the time, considering the substantive justice of his actions, the court finds that he should not be held criminally liable.”

Rosenblum closed his eyes and let out a long breath.

“Regarding the second charge—embezzlement of state assets,” Judge Schultz flipped to the last page, “the prosecution argues that the source of the defendant’s overseas assets is unknown, and they may have been embezzled from the state assets of East Germany.”

“However, the court notes that the prosecution has failed to provide any direct evidence proving which specific assets the defendant embezzled, in what manner they were embezzled, or the amount that was embezzled.”

“Conversely, evidence provided by the defense shows that the defendant’s sources of income include: legitimate commissions from Koko, profit margins from trade with Western companies, and consulting fees.”

“According to the principle of ‘presumption of innocence’ in criminal proceedings,” Judge Schultz looked at Stein, “in the absence of sufficient evidence from the prosecution, the court must find in favor of the defendant.”

“Therefore, the second charge is dismissed due to insufficient evidence.”

Stein lowered his head. He had lost. Utterly lost.

Judge Schultz put down the documents and took off his glasses.

“In summary,” his voice echoed in the courtroom, “the Special Tribunal of the Berlin Higher Court renders the following verdict:”

Everyone held their breath.

“First, regarding the defendant, Werner Betelich, who was charged with violating the former East Germany’s Foreign Exchange Control Act, embezzling state assets, and improper cooperation with state security agencies, among other crimes; upon review by this court, the evidence is insufficient, and the charges are not upheld.”

“Second, given that the defendant, during the East German era, helped political prisoners and dissidents, funded democratic movements, and provided support to the Solidarity Union of Poland, the court finds that the defendant does not belong to the category of vested-interest beneficiaries of the old regime who require purging.”

“Third, the defendant’s overseas assets have been verified by the court to originate from legitimate business activities, with a portion of said assets used to support just causes. The court hereby orders the unfreezing of all the defendant’s overseas accounts and assets.”

Judge Schultz picked up his gavel and looked at Werner.

“In this case, all charges are dismissed. The defendant is acquitted and released.”

BANG!

The gavel fell, the sound crisp and resolute.

The courtroom was dead silent for a moment, and then—

“We won!” “He won!”

Applause erupted, rolling like a wave from the front rows to the back.

Lucas Becker stood up and applauded, his eyes red-rimmed. Peter Weber was also applauding, clapping vigorously. Harviman sat in his seat, a gratified smile on his face.

But there were also boos.

“This is unfair!” “He’s an accomplice of the old regime!”

Some raised their fists, others shouted slogans.

The police began to maintain order.

Judge Schultz banged his gavel several more times. “Order! Order! The court’s verdict has been delivered. Please respect the law.”

He stood up, and the three lay judges also stood and exited the courtroom.

Werner sat motionless in the defendant’s box.

He had heard the verdict, heard the applause and the boos, but he didn’t stand up, didn’t cheer, didn’t show any expression.

He just sat there, closed his eyes, and took a deep breath.

Thirty years.

From 1961 to 1990. Thirty long years.

He had struggled and clawed his way through this gray country, surviving in the cracks between black and white. He had helped people, and he had harmed people; he had made money, and he had taken risks; he had acted on his conscience, and he had acted out of self-interest.

Now, it was all over.

“Werner.” Rosenblum walked over to him, his voice choked with emotion. “We won.”

Werner opened his eyes, looked at him, and slowly nodded.

“Yeah, we won.”

He stood up, and Rosenblum stepped forward and hugged him.

“You did it.” Rosenblum patted his back. “You fucking did it.”

Werner pushed him away, smiling. “Watch your image, Counselor Rosenblum.”

From the gallery, Lucas rushed over and tightly gripped Werner’s hand.

“Thank you.” Lucas’s voice trembled. “Thank you, Mr. Betelich.”

“Don’t thank me.” Werner patted his shoulder. “I should be thanking you. If you all hadn’t stepped forward to testify, today would have had a very different outcome.”

Peter Weber also came over, his eyes moist. “Mr. Betelich, we’re all in your debt.”

“No,” Werner shook his head, “nobody owes anyone anything. I helped you, you helped me. We’re even.”

Harviman walked over and extended his hand. “Congratulations, Mr. Betelich.”

Werner shook his hand. “Thank you, Mr. Harviman. I’ll remember what you said—’In an age where black and white are reversed, gray is the color closest to the light.'”

“It’s the truth,” Harviman said. “You’re not a hero, but you’re not a villain either. You’re a man who survived in the cracks.”

Outside the courthouse, the reporters were in a frenzy.

“Mr. Betelich! A few words, please!”

“Are you satisfied with the verdict?”

“What are your plans now?”

Microphones were thrust in front of Werner, cameras pointed at him.

Werner stood on the steps at the courthouse entrance, looking at the reporters, the cameras, the flashing lights.

He remembered three days ago, right here, when he first faced these questions. Back then, he hadn’t said a word.

But now, he wanted to say something.

“Am I satisfied with the verdict?” Werner repeated the reporter’s question. “Satisfied. The court gave me a just verdict.”

“Do you feel you’re innocent?” a reporter pressed.

Werner looked at him, pausing for a few seconds.

“Innocent?” He laughed. “Legally, yes. But morally…”

He shook his head. “I don’t know. I did a lot of things. Some of them I thought were right, and some… looking back now, I’m not so sure if they were right or wrong.”

“But at least,” Werner’s voice became firm, “I didn’t harm innocent people. I helped some people, that’s true. I also made money, that’s also true.”

“I’m not a saint, but I’m not a devil either.”

“I’m just an ordinary man who, in an abnormal time, did what I thought I had to do.”

The reporters scribbled furiously. These words would be tomorrow’s headlines in every newspaper.

“Will you stay in Germany?”

“Of course.” Werner nodded. “This is my country. Even though it’s changed, it’s still my country.”

“Do you have anything to say to those who criticize you?”

Werner looked at the people in the distance holding signs, the ones who had booed in the courtroom.

“I understand them,” he said. “They have the right to criticize me, the right not to forgive me. This is a democratic society; everyone has the right to express their opinion.”

“But I also hope they understand,” Werner’s voice grew quieter, “that history isn’t black and white. Some people who seem like enemies may have helped you in secret; some people who seem like friends may have stabbed you in the back.”

“You can’t judge a person just by their status; you also have to look at what they’ve done.”

After saying this, Werner turned and walked down the steps.

The reporters were still shouting questions, but he didn’t answer any more.

Rosenblum was waiting for him by the car.

“Where to?” the lawyer asked.

“Find a place for a drink.” Werner got in the car. “My treat.”

The car started and drove away from the courthouse.

Werner sat in the back seat, looking out the window at Berlin.

The city had changed.

The slogans on the streets had changed, the shop signs had changed, and the way people dressed had changed, too.

But some things hadn’t.

The gray buildings were still there, the dilapidated apartments were still there, and in the eyes of people who had been suppressed for decades, there was still confusion and unease.

That wall had fallen, but the walls in people’s hearts would take a long time to crumble.

Some would forgive the past; some never would.

Some would forget history; some would remember it forever.

**************

「East Berlin Higher Court, Judge’s Chambers.」

Judge Schultz sat behind his desk, looking out the window.

He knew his verdict would be controversial.

Some would say he was too lenient, that he had let a vested-interest beneficiary of the old regime go free.

Others would say he was too harsh, judging the actions of yesterday by the standards of today.

But he didn’t care.

Because he believed it was a just verdict.

Not perfect, but just.

A complex verdict for a complex man in a complex era.

That was enough.

The law was not meant to satisfy people’s desire for revenge, nor was it meant to create new injustices.

The law was meant to uphold justice.

And justice, sometimes, was more complex than people imagined.