In connection with the farmers’ protests against the federal government’s austerity measures, a wooden gallows was erected on a street from which a wooden representation of a traffic light dangles. Does such a construction represent a criminally relevant call to forcibly liquidate the federal government? Or is this still a permitted political expression of opinion directed against the Berlin traffic light coalition?
Undoubtedly, this form of protest can no longer be surpassed in terms of tastelessness. But to see this as a public call for a crime or a concrete threat to the traffic light government in accordance with the relevant provisions of the Criminal Code is going too far. It is a graphic, albeit tasteless, representation of an expression of opinion that, in my opinion, is not specific enough to be relevant under criminal law.
With a gallows construction, when would the limit between permitted expression of opinion and incitement to a crime be crossed?
In any case, when one or more specific people and not just a general term translated into politics are brought into direct connection with the gallows.
There is another construction just 200 meters away from the gallows mentioned.
Here a traffic light has been expanded into a gallows on which a doll hangs. The gallows is obviously intended to represent the traffic light government, the doll the citizen. Is this also a political expression of opinion that is permitted under criminal law?
In my opinion, this is a graphic representation of the treatment of citizens and farmers by the traffic light government. This interpretation is supplemented by the attached sign, which contains a clear expression of opinion, namely the assessment that right becomes wrong. It is therefore still within the permitted limits.
Michael Merle, here in a photo from 2016, is a lawyer and was mayor of Laufenburg from 1995 to 2003. | Image: Werner Probst
Can the builders of the gallows also invoke artistic freedom, for example?
Certainly professions, but I don’t consider myself competent to judge what art is.
From a criminal perspective, how drastic can representation and language be in political debate?
Determining the boundaries is difficult and cannot be answered in general terms. In any case, individual people or a specifically identifiable group of people must not be defamed, insulted or otherwise have their personal rights violated.
You might also be interested in Waldshut District A week of farmers’ protest to read about
Can anyone build structures on their property to advertise or protest? Or does he need a permit for this, for example in terms of traffic law?
Outside built-up areas, it is not permitted to build such structures on property located on roads if this endangers or impedes road traffic. However, the road traffic authority can grant exemption from this ban, but only under very strict standards. Furthermore, there are distance regulations for systems above the ground according to federal and state road laws.
You might also be interested in Laufenburg residents and road users have to get used to the sight of two gallows
2024-01-20 11:53:48
#Laufenburg #Lawyer #Michael #Merle #traffic #light #gallows #vivid #albeit #tasteless #expression #opinion
