This Thursday, after several postponements, the fraud process in the Volkswagen emissions scandal begins against former top managers of the Wolfsburg-based car manufacturer.

Former CEO Martin Winterkorn will not take a seat in the improvised dock in the Braunschweig town hall - to the misunderstanding of many angry customers, shareholders and the Braunschweig public prosecutor.

Carsten Germis

Business correspondent in Hamburg.

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Marcus Jung

Editor in business.

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A few days ago, the latter filed a complaint against the fact that the 6th Criminal Chamber, chaired by Judge Christian Schütz, separated the proceedings against Winterkorn from the other four co-defendants, including the former Chief Development Officer Heinz-Jakob Neußer.

This was confirmed by a spokesman for the prosecution for the FAZ on Wednesday.

The corresponding complaint against the decision of the criminal chamber has been submitted to the higher regional court (OLG) Braunschweig since this Tuesday.

Previously, the district court had not remedied the formal protest by the public prosecutors.

Winterkorn health problems

However, the appeal has no suspensive effect: As planned by Schütz and his assessors, the trial will begin on Thursday with the reading of the indictment. Because the Braunschweig public prosecutor's office does not have the option of an urgent procedure - such as for the party to a civil dispute by way of an injunction. She has to be patient after the start and until the end of the month. "The Senate granted those involved in the proceedings a legal hearing to the public prosecutor's office until September 28," said the spokeswoman for the Braunschweig Higher Regional Court of the FAZ.

Last Thursday it became known that the criminal chamber in Braunschweig is dividing the fraud proceedings and separating the complex against the defendant Winterkorn "for separate hearing and decision". The court justified this with the ongoing health problems of the 74-year-old defendant, who recently had to undergo another hip operation. In a statement it said that a “sufficiently reliable forecast” for Winterkorn's ability to negotiate was currently not possible.

The public prosecutor's office seems to assume that Winterkorn will have to be able to negotiate again in the coming months, even after his three hip operations. Christian Schütz, the presiding judge of the criminal chamber, on the other hand, should be sure of confirmation from the OLG. Because the separation ordered by him was based on several medical reports.

The start of the fraud process had already been postponed twice due to the corona pandemic. The court had also taken into account the health problems of Winterkorn. Postponing the proceedings would lead to a further delay in the proceedings, it said. In addition, according to the indictment, Winterkorn was not involved in the development of the illegal defeat device “and only found out about the possible manipulation relatively late”. Therefore, the allegations could be negotiated in two separate proceedings. However, should the OLG uphold the public prosecutor's complaint in a few weeks' time, the process that has just begun could burst.