may become Politically explosive judgment and a clear warning to the left-alternative scene: police officers during an operation on the outskirts of the demonstrations up close and filmed, if their services are listening to talks. The decision of the regional court of Munich district court 1 on Monday in an appeals procedure (judicial-ABC – files characters 25 Ns 116 Js 165870/17).
25. Criminal court sentenced a 26-year-old girl student due to “violation of the confidentiality of the word,” and issued her a warning. For the case, that within a year, again a criminal offence, she must pay 1000 Euro. Now you have been imposed on the cost of the process. The judgment is not yet final, both prosecutors as well as defense check whether they appeal.
judge: “you should have said be more careful in future”
The presiding judge, Andreas Forstner at the end of the negotiation: “That was a warning shot, in football you would say a yellow card.” Again and again he exhorted the Condemned: “you should be more careful in future in such things, because what you have done is illegal and therefore punishable by law.”
Even if the sentence is below the first-instance judgment of the district court of Munich (3600 Euro fine) – for police officers in the whole of Germany, the decision is likely to be of great importance. Because in connection with demonstrations and controls on individuals in public places it happens more and more frequently, officials are being filmed against their will of individuals with the Smartphone. Always the question arises: Should police officers accept this?
In this specific case, the regional court in Munich says: no.
Left to disturb a Demonstration by opponents of Abortion
had the Whole of the end of June 2017 at a Demo in the Bavarian capital. A group of ardent abortion opponent, was peacefully pulled through the streets. The mostly elderly women and men of the Christian faith towards the University ran. They were disturbed by counter-demonstrators, who belonged, according to Munich police, the left-alternative scene. It is very provocative and insulting words like””, as a civil servant before the court. Adobe stock/iStock/Compositing: Sascha wine gartz court report: A YEAR IN GERMANY, COURTS
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A young woman emerged in the fault actions: again and again they stood in front of the abortion opponents, and played on a portable Box loud music. The participants of the March felt intimidated and massively crowded. The head of the police accompanying the March, saw things the same way and called for reinforcements. Shortly thereafter, two police officers appeared at the Geschwister-Scholl-Platz, and took the woman with the Jukebox.
you asked to restrict the volume and wanted to find the identity of the young woman.
defendant is filming allegedly “unlawful police action”
at this Moment, whipped out Luise F., which belonged also to the circle of counter-demonstrators and the kept woman knew your Smartphone. You turned on the camera and filmed the control Situation. They called: “A beautiful Video of the now of another illegal police action.” Later, in the direction of the police officers say: “you have no right to do this, because the whole action is illegal.” Finally, the remark “Fucking criminals in Uniform.”
The officials felt that Luise F. in their work disrupted. One of them called on it several times, and loudly, the films immediately, which the woman ignored. Instead, you held your phone directly – at a distance of about half a Meter in front of the face of the police officer.
COP: behavior of the woman was “pure provocation”
The 29-Year-old felt the actions as “pure provocation”. In vain he held his palm in front of the camera. Luise F. more filmed for several minutes, and the shortest distance. Finally, the police officer confiscated the Smartphone issued to Luise F. a place reference and made a criminal complaint.
The district court dealt extensively with the incident. The chamber heard several witnesses, studied in detail by Luise F. recorded Video and finally realized a criminal offence.
judge speaks of the “illegal recordings”
To the doom of the accused was that they had filmed the police officers against their Express wishes. The key factor was rather that they had recorded also in the service calls of the officials, in particular in the control of the woman who had played loud music.
judge Forstner clarified: What would be spoken between the police and one of them verified Person: “public”, even if several people were to the parties Involved. Luise F. had made “illegal recordings” of such a conversation and, therefore, violates Clause 201 of the criminal code violated (“violation of the confidentiality of the word”).
a Prosecutor is critical of the Version of the accused
in addition, the judge made it clear that there was “no reason” to document the police control by mobile phone video, because the measure was justified, “absolutely, and the law covered”-
Previously, the state had referred a lawyer to the fact that Luise F. was just about gone, “disturbing the police”. Their against the state and its security forces-looking statements on the Video showed that they wanted to document the measure is by no means “neutral” as you claimed. Rather, your – dismissive – attitude of going to the police as a whole. Luise F., who is studying at the Munich University of applied Sciences for Social work, did not contradict.
defenders suggests gear to Karlsruhe
Whether the 26-Year-old – tall, slim, green hair – will accept the judgment of the district court is questionable. Her defender had declared during the trial that he would bring the thing before the Federal constitutional court in Karlsruhe. Also judge Forstner have feeling that the criminal case with the state court judgment is not yet done. “I am sure that The procedure is fired up.”
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