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4800 euros fine: incitement to hatred in Facebook comment

This contradiction was not worth it for a 47-year-old from the Marktheidenfeld area: According to the criminal order of the Gemünden District Court, the man should pay a fine of 3600 euros for sedition. After an objection and the main negotiation, it turned into 4800 euros. In addition, there are now legal and court costs. A well-known lawyer from the scene couldn’t help him.

The technician had chosen the Reutlingen lawyer Steffen Hammer for his defense: Hammer was a member of a right-wing rock band for a long time and in the past often represented clients who had been charged with right-wing crimes. The defendant left the floor to him alone. The defendant only disclosed information about himself to the court. However, this was not a good strategy for the duo, as it turned out when the verdict was announced.

Compulsory mask compared to clan liability

Originally, the “Hessenmagazin” broadcast an article about wearing mouth and nose protection. One aspect was the refusal of these protective measures and the associated fine. TV viewers were also invited to comment and express their opinion on the post via social media.

On the Facebook comment of a writer who had spoken out in favor of significantly higher penalties for violations, the man from the Marktheidenfeld area drew comparisons to the “kin liability in the 30s” and the requirement that Jewish citizens should have a yellow star Had to wear fabric on clothing. We know our way around that in Germany, was the defendant’s conclusion. His entry was reported to the registration office, ended up with the state criminal investigation office and finally with the criminal police in Würzburg.

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Further investigations are ongoing

“My client wanted to express exactly the opposite of what he is now being accused of,” emphasized defense attorney Steffen Hammer. He saw the charge of sedition as not given. In addition, public peace was in no way disturbed by the comparison. As “evidence” he presented a press release from the Saarbrücken Higher Regional Court, which, in what he said, acquitted the accused in a case similar to what he said.

During the police interrogation, said a detective, the accused had emphasized that his comment had been completely taken out of context. He also claims to have had a drink at the time of his post, which has now been deleted. Finally, the investigating officer surprised those involved with the information that there is already a new investigation against the man. This is supposed to be about police operations in demonstrations against refugees.

Fine of 4800 euros

The public prosecutor described comments that play down displacement and genocide as “statements that are below the regulars’ table.” Nor were they written as satire or ironic. Instead of the 3600 euros imposed in the penalty order, he applied for a fine of 5400 euros (60 daily rates of 90 euros). The defense lawyer called for an acquittal and regretted that “freedom of expression is currently suffering in this country”. Criminal judge Dr. In his judgment, Sven Krischker imposed a fine of 4800 euros (60 daily rates of 80 euros).

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