Alexander S. takes the judgment that falls on Friday afternoon in an outwardly composed manner.

Even the relatives in the hall already knew that things would not go smoothly for the 57-year-old businessman from Leipzig.

Stephen Locke

Correspondent for Saxony and Thuringia based in Dresden.

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The presiding judge at the Dresden Higher Regional Court sentenced S. to three years and three months in prison for illegal business with partners in Russia.

The trial, which opened in May, drew a lot of public attention because of Russia's war of aggression against Ukraine.

But the actions alleged against S. per se had nothing to do with it.

Rather, the accused made himself liable to prosecution because he knowingly exported dual-use commercial goods and thus violated the sanctions imposed by the European Union after the Russian annexation of Crimea, said judge Hans Schlueter-Staats.

Confession has a mitigating effect

The Federal Public Prosecutor had also accused S. of violating the War Weapons Control Act and of having worked for a foreign power because at least one of his business partners was said to have been connected to the Russian secret service FSB.

However, after reaching an agreement with the accused, the court dropped these points soon after the hearing began.

S. had admitted actions in seven cases, but only the minimum that he had to admit, the judge criticized in the reasoning of the procedure.

Nevertheless, the confession had a mitigating effect, but also "didn't have the weight it could have had".

In general, S., who had willingly provided information during the trial, repeatedly got caught up in contradictions.

Ultimately, the court saw it as proven that his business contacts, which were geared towards Russia due to family connections and excellent language skills, were threatened by the sanctions in an existential way.

The judge said it was not S.'s fault, but that he was looking for ways to circumvent the sanctions.

He did this with "not inconsiderable criminal energy" and "in a not inconsiderable number of cases over a not inconsiderable period of time".

Overall, business continued until 2020, even after S. had not only been warned by the Federal Office of Economics and Export Control, but also after investigators had already come to search his house.

Electronic components for rockets

In order to continue to supply the equipment, which can be used for both civilian and military purposes, S. worked with Russian companies that he knew were “used to buy goods for the armaments sector under cover”.

The penalty is also so high because the potential for damage is abstractly high, explained Schlueter-Staats.

For example, cruise missiles like the ones Russia is currently launching at targets in Ukraine cannot be operated without microchips or other high technology that can also be used for civilian purposes.

"You entered into transactions that you would not have been authorized to do if you had identified the true recipients," he said, addressing the defendant.

In addition to the admission that S. has no previous convictions, has been in custody under difficult conditions (Corona) for 14 months, the court has had to cope with the insolvency of his company and the personal loss of reputation, but also his willingness to cooperate during the process.

Nonetheless, the judgment is accompanied by the confiscation of the income generated from the Russian business in the amount of 985,000 euros in favor of the state treasury, and S. must also bear the costs of the proceedings.

The court suspended the pre-trial arrest warrant against him against the condition that he report to the police once a week until his arrest.