– A 47-year-old from Weißenburger has now been sentenced to a fine for sedition in the district court. The special thing about the case: What the father did, thousands of others must have done as well. He shared so-called memes – pictures with text – about refugees and migrants in Whatsapp. Memes that don’t wish the affected population group well. A criminal offense, no doubt. However, one for which the vast majority of people will not be prosecuted.
The fact that 47-year-old Marcel K. (name changed) from Weißenburg was caught was probably a coincidence. Nobody reported him, instead the authorities became aware of the Whatsapp group “Stammtischbrüder” in the course of general investigations. The defendant, who was born in this region, also belonged to this group of 37 members from East Germany.
The law enforcement authorities then targeted Marcel K. with two memes, which he shared in 2017 and 2018 with the “Stammtisch brothers”. One shows a dark-skinned man standing on the beach with a kind of tank on his back – it looks a bit like a weed-killing sprayer. Above the picture it says: “Diving course for asylum seekers.”
The second picture, which the 47-year-old Weißenburger forwarded to his Whatsapp contacts, shows a pistol, the barrel of which is directed at the person holding the pistol. “Saxony wants to arm migrants,” it says.
Accusation not specific enough?
In both cases, the Munich Public Prosecutor’s Office, which issued the penal order, saw the offense of sedition. And before the Weißenburg district court, public prosecutor Felix Stiklorus and judge Anna Richter saw it the same way. In the first picture it is clear that the asylum seekers should not survive this diving course. And the second picture clearly shows that migrants should shoot themselves.
At least in the first picture, defender Antonius Lunemann did not want to leave it like that. He was bothered by the wording in the indictment, according to which the diving device “seems” unsuitable for surviving the dive.
“But that is not concrete evidence and not a charge of guilt,” said the lawyer. “The word ‘seems’ is not suitable for a penalty order!” And he asked the question: “Where is the accusation here that you want to send someone to their death?”
Prosecutor Stiklorus strongly contradicted this. “There is no doubt that a barrel with a garden hose is not suitable for diving.” In addition, a certain ethnic group – in this case asylum seekers – was deliberately chosen. “It is clear in which direction this should aim – namely to deny migrants’ right to life.”
Defense attorney: “Images like that were always on the move back then.”
As a further argument in defense of his client, Lunemann cited the general mood in the population at the time of the crime (2017 and 2018). “That was at a time when a lot was allowed and broadcast on the Internet,” explained Antonius Lunemann. “Images like this were always on the move back then. At that time we all had a completely different view. “
Much of what was said about the Pegida demos was not sanctioned, criticized the defender. The fact that his client is now on trial for sedition due to a “chance find” by the investigators, while thousands of others are not prosecuted, is due to the increased awareness of the authorities and courts. And the urge to be able to show “something for the statistics again” for right-wing crimes.
Lunemann therefore demanded a reduction in the penalty for his client, which was set in the penalty order with 90 daily rates of 50 euros each. With 90 daily rates, Marcel K. gets one
Entry in the certificate of good conduct and could, for example, no longer pursue a civil service career – disproportionately hard, as the defense lawyer found.
Criminal liability for the court clearly
An argument that judge Anna Richter refused to accept. “Back then it was no less punishable than it is now.” She doesn’t believe that Marcel K. is fundamentally right-minded.
Nevertheless, he passed on the pictures to a larger group of people and accepted that these 37 people would in turn forward the memes. “And they were aware of what the pictures were supposed to express.”
Ultimately, the 46-year-old broke the law in two cases, the judge summarized. In addition, as an adult, you have a role model function and the personal responsibility “to think about whether you can just pass things on”. The judgment – 90 daily rates of 45 euros each – therefore also have a general preventive function and “should set an example”.
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