the phrase “Fuck the Police” Is a criminal offence? With this question, the district court of Augsburg. In the concrete case it was reported how the “Augsburger Allgemeine”, a 22-year-old students. He and his friends had celebrated in a Bar, the police called because of a hand bag theft. In front of the Bar, the Student said, then, in the trial of the much-discussed words to a police chief’s champion.
Against the subsequently imposed the order of punishment for insulting the young man complained before the court of appeal. Although the Student admitted to having the statement that night made, however, he did not mean to offend anyone. He stood with his back to the COP and talked to his friends. So testimony stood against testimony: The police officer said that the man had spoken in your direction. The two friends could not recall on the witness stand, according to “Augsburger Allgemeine”.
Augsburg: a Young man for insulting
condemned, in the end, the judgment at the expense of the students dropped out: He will have to pay 1000 Euro fine, the judge remained, however, still below the demand of the public Prosecutor’s office. Basically, an expression such as “Fuck the Police” is not, however, a lump is liable to prosecution. The Statement is made merely in General, it is aimed against an indeterminate collective, it is covered by the freedom of expression. Set by the Federal constitutional court in the relevant Judgments.
well-Known is the so-called “soldier-judgments” of the Karlsruhe judges that dealt with the slogan “soldiers are murderers,” one of the pacifists often-used quote from the publicist Kurt Tucholsky, has, in this context. In 1994 and 1995, the constitutional court ruled that the statement was only liable, if he is turning against specific persons. In the same Tenor, the court decided in 2016, when it came to the Slogan “ACAB” (“All cops are bastards”). A conviction requires that the Expression “refer to a sufficiently manageable and delimited group of persons,” it said in the judgment, which set the legal framework for decision-making in Augsburg.
sources: “Augsburger Allgemeine”, the Federal constitutional court