A German man insulted a politician on Facebook, calling him a “stupid bitch”. According to section 188 of the Criminal Code, it is punishable as “insults directed against people in political life” – even if the perpetrator commits the crime on social networks and does not have a large number of followers there, says the Palatinate Higher Regional. Court of Justice in Zweibrücken (Ref. 1 ORS 1 SR 8/24).
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Because it only depends on the content expressed. “Other circumstances, such as the type of distribution chosen and the size of the target group, are not relevant,” informs the High Regional Court. (OLG) said in a press releaseThe First Criminal Senate of this court recently overturned a separate decision of the Kaiserslautern Regional Court and sent the case back for a new assessment.
The reason for this is a Facebook posting made by a man from Kaiserslautern in September 2001. In it, she called a well-known federal politician a “stupid bitch” and added seven excrement emoticons to the insult. The man apparently did not understand its meaning as a symbol of good luck.
The fine may finally be removed
The Kaiserslautern District Court sentenced the offender to a fine due to his posting. The appeal against this was initially successful: the Kaiserslautern Regional Court (LG) held that in addition to the statement, “the circumstances of the individual case” were also relevant. This applies not only to the affected person but also to the reach of the publication in question. With “only” 417 “friends” on Facebook, the reach of the insult is not what justifies criminal liability.
But the Zweibrucken Higher Regional Court does not share this legal opinion. For criminal liability, the only thing that matters is the content of the statement, and not other circumstances. This is in accordance with the wishes of the legislature. The court says that the legislature had significantly expanded the scope of insults to politicians just five months before the crime. Since then, there has also been visible resentment over the insults to people involved in political life at the local level. Apart from fine, there is a provision of imprisonment up to three years.
On the last day of September, the Higher Regional Court heard the case and overturned the decision of the Regional Court of Kaiserslautern. The offender will now have to answer before the LG again, but before a different chamber, which will have to take into account the legal opinion of the OLG. With the consent of the woman concerned, it would be possible to prosecute a man even for simple insults.
Process:
Kaiserslautern District Court, judgment of December 14, 2022, case number 41 CS 52JS 293/22
Kaiserslautern Regional Court, judgment of 22 November 2023, reference 5 NB 52 JS 293/22
Palatinate Higher Regional Court of Zweibrücken, Judgment of September 30, 2024, Case No. 1 ORS 1 SR 8/24. The full text of the judgment is not yet available.
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