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Criminal Organization Still Active Nationwide


Prosecutors do not investigate because they are bound by orders! Judges controlled by politics! Media corrupted!



The German Criminal Code clearly defines in §129 the handling of criminal organizations: Anyone who founds or participates in such an organization faces up to five years in prison or a fine. Supporting or promoting these organizations can be punished with up to three years in prison. But what happens when those who are supposed to enforce these rules are themselves involved in criminal schemes? This essay highlights a disturbing reality in which prosecutors, judges, and the media fail to fulfill their roles, allowing a criminal organization to continue acting with impunity.

At the center of this consideration is the alleged pandemic, declared by the government based on the claim of an extremely dangerous influenza virus. The detection of this virus was done through largely indiscriminate PCR tests with a high number of amplification cycles, leading to an inflationary increase in so-called "case numbers." These case numbers were continuously accumulated, resulting in a distorted representation of the actual scale of the danger. People who died with a positive test result were counted as having died "from or with" the virus, regardless of the actual cause of death.

Based on these supposedly scientific findings, politicians imposed severe restrictions on fundamental rights: lockdowns, school closures, and suspension of the right to demonstrate are just a few examples. Meanwhile, politicians and their relatives financially benefited from brokering mask deals with the government. The Chancellor's early declared goal—that the pandemic would only be over once a high number of people were vaccinated—led to a massive vaccination campaign based on a new mRNA procedure. The actual testing of the vaccine, especially phases 3 and 4, only took place after millions had already been vaccinated.

Four years later, documents released through lawsuits show that the scientific basis for these measures was lacking. There was no real pandemic and no hospital overload. Moreover, the side effects of the vaccinations were known but suppressed. Tens of thousands died, hundreds of thousands became seriously ill, and people continue to die from often undetected late effects of the vaccine. Suicide rates, especially among children, increased, and many companies went bankrupt due to lockdowns. Despite knowing that the measures had no positive effect on containing the virus, they were still enforced.

The politicians responsible for these measures remain in their positions. Media barely report on the released and leaked documents and downplay their significance. Prosecutors, who should be obliged to investigate the responsible parties, do not. The reason lies in the prosecutors' subordination to political directives, controlled by politics. Even at regional levels—in state governments, district administrators, mayors, and administrations—there is no thorough review of the incidents. None of these actors have taken the necessary steps to question the legality of the measures, although they should have.

Instead, government critics continue to be persecuted and intimidated. Through house searches and false accusations, they are taken into pretrial detention. Doctors who prioritized protecting their patients by issuing mask exemptions or vaccination incapacity certificates were sentenced to long prison terms.

Democracy or Sham Democracy?

The described events raise serious questions about the nature of the political order in a country where such occurrences have been possible for years. Democracy is based on the rule of law, the independence of the judiciary, a free press, and the accountability of those in power. When these fundamental principles are systematically undermined, as in this scenario, the concept of democracy loses its meaning.

It becomes evident that the power structures in this country are firmly in the hands of a small elite who secure their positions through targeted manipulation of the public, suppression of criticism, and disregard for the rule of law. In such a system, we can no longer speak of a functioning democracy but rather a sham democracy that only maintains the appearance of democratic legitimacy. In the worst case, one could even speak of a dictatorial system where power is fully centralized and dissenting opinions are suppressed with full force. Such a state demands not only comprehensive political reckoning but also represents a serious threat to the freedom and rights of citizens.

In a genuine democracy based on the principles of the rule of law and separation of powers, the response to such a scandal would be fundamentally different from the described scenario. The necessary steps and consequences for those responsible would be guided by core values of transparency, justice, and accountability.

1. Independent and Thorough Investigation

In a functioning democracy, an independent investigative commission would be immediately established, consisting of experts from various disciplines such as medicine, law, ethics, and science. This commission would have the task of fully and impartially reviewing the events. It must have access to all relevant documents, data sets, and witnesses without political influence.

2. Investigation and Prosecution of Those Responsible

The judiciary, which in a genuine democracy is independent, would have to initiate investigations against all involved in the decisions and enforcement of these measures. It would be ensured that:

  • Political decision-makers (e.g., Chancellor, ministers, state governments) are held accountable for possible crimes such as negligent homicide, coercion, abuse of office, corruption, and forming a criminal organization.
  • Officials at all levels who enforced unlawful measures are reviewed to determine whether they violated legal requirements or unlawfully implemented directives.
  • Media officials are investigated to see whether they knowingly spread false or manipulative information that caused public insecurity and helped cover up the truth.

The offense of forming a criminal organization under §129 StGB would then be examined if it can be proven that the involved actors organized themselves to deliberately commit punishable acts such as harming the population, corruption, or enrichment. In this case, not only the government leaders but all accomplices down to regional authorities and media officials would have to be held accountable.

3. Criminal Consequences and Compensation

Those proven to have acted knowingly and intentionally must face severe criminal consequences. This could include imprisonment, fines, and removal from political office. Furthermore, there must be compensation for the victims, including reparations for families of the deceased and people who suffered health damage.

4. Structural Reforms

To ensure such a scenario does not recur, comprehensive reforms would be necessary:

  • Strengthening judicial independence: Prosecutors must be made fully independent of political directives.
  • Media reform: Measures to ensure media independence and integrity, including stricter rules against disinformation and manipulation.
  • Political transparency: Introduction of mechanisms for better oversight of political decisions, e.g., through increased involvement of expert councils and citizen commissions.

5. Investigation Against All Involved

If it is proven that broad involvement reached down to regional levels (e.g., district administrators, mayors, regulatory offices), a genuine democracy would investigate all those involved in carrying out unlawful measures. However, a distinction would have to be made between those who acted under coercion or ignorance and those who knowingly and intentionally violated the law.

It would also need to be examined whether lower-level officials were pressured from above, influencing local authority actions. Employees who acted in good faith, trusting the correctness of instructions, might be granted mitigating circumstances.

Precursor to Dictatorship

A true democracy would hold accountable those responsible for the death and harm of many through transparent, impartial, and comprehensive legal review. A system that prevents or hinders such investigations, where the judiciary and media are controlled by political forces, cannot be called a true democracy. In such a case, it is a sham democracy where democratic structures exist only superficially, while in reality, power is concentrated in the hands of a few actors—a condition that could already be regarded as a precursor to dictatorship.

Impunity for Offenders

The exception set out in §129 paragraph 3.1 StGB, stating that paragraph 1 does not apply if the organization is a political party not declared unconstitutional by the Federal Constitutional Court, indeed creates a legal special status for political parties. This provision has profound implications and could raise concerns in the context of the described scenario as to whether politicians can thereby shield themselves from criminal liability.

1. Legal Immunity for Political Parties?

Through this provision, political parties and their members could gain a certain immunity regarding prosecution under §129 StGB. Even if a political party as an organization or association might be involved in unlawful acts, it could not be prosecuted under §129 StGB as long as the Federal Constitutional Court has not declared it unconstitutional.

This raises the question of whether this exception creates a loophole allowing politicians to avoid criminal responsibility by invoking their party status. In practice, this means actions carried out in the name or interest of such a party would be difficult to classify under the offense of a criminal organization.

2. Protection from Political Persecution or Loophole for Impunity?

The original purpose of this exception was probably to protect political competition and diversity of opinion and to prevent political parties from being criminalized lightly. This is especially important in democracies to prevent governments from abusing power to suppress opposition parties.

However, in a scenario like the one described, this exception could be exploited as a loophole to avoid accountability. If politicians possibly involved in unlawful measures could legitimize their actions through party membership, it would fuel suspicion that the law is drafted to allow them to evade criminal consequences.

3. Responsibility and Ethical Obligation

Although §129 paragraph 3.1 makes criminal prosecution under this specific paragraph difficult, it does not mean politicians are free from all responsibility. In a functioning democracy, other mechanisms must come into play to prevent and punish such abuses, including:

  • Parliamentary inquiries: Parliaments have the duty to investigate misconduct and hold responsible parties accountable.
  • Civil claims: Victims may file civil claims against individuals or organizations.
  • Constitutional review: The Federal Constitutional Court could be called upon to examine the constitutionality of government actions and decisions.

4. Possible Political Consequences

Even if criminal consequences under §129 StGB are excluded, significant political consequences could still arise. The public could respond through elections, protests, and other democratic means to hold politicians accountable.

Suspected Impunity?

The exception in §129 paragraph 3.1 StGB could indeed raise suspicion that politicians protect themselves from criminal prosecution through party membership, at least within the scope of §129 StGB. This could be seen as an attempt to avoid political responsibility. However, it must be emphasized that this does not mean responsible persons in such a scenario would generally remain unpunished. Other legal and political mechanisms in a true democracy should ensure that those who caused severe harm are still held accountable.

Analogies to Fascism

Analogies to fascism could be discussed in various ways in such a scenario, with it being important to treat these comparisons carefully and nuanced. Some possible parallels might be:

1. Concentration of Power and Elite Rule

Fascism involves a strong centralization of power, often in the hands of a small elite or a single leader. If in the described scenario power structures are designed so that a small group of politicians and their allies control state institutions, the judiciary, and the media, this could be seen as a parallel to fascist rule. Such concentration of power often leads to suppression of opposition and lack of democratic accountability.

2. Suppression of Opposition and Criticism

Fascism ruthlessly suppresses all forms of opposition. If in the scenario critics are persecuted, intimidated, and legally prosecuted, this could be a similar tactic used by fascist regimes to silence dissenting opinions and secure power structures.

3. Manipulation of the Public and Control of the Media

Fascist regimes control and manipulate the media to shape public opinion and consolidate their power. If in the described scenario the media are corrupted and deliberately used to spread false or manipulative information, this points to a strategy similar to that of totalitarian systems.

4. Elimination of Separation of Powers

A pillar of democracy is the separation of powers to prevent power concentration. Fascist systems tend to undermine or abolish this separation to secure control. If in the scenario the judiciary and law enforcement are bound by orders and not independent, this is a clear sign that democratic principles are being undermined.

5. Ideological Control and Coercion

Fascist regimes often impose a strong ideological agenda on citizens through propaganda, coercion, or violence. If the population in the scenario is controlled by fear-mongering, coercive measures such as vaccine mandates, and state-sanctioned restrictions on fundamental rights, this shows parallels to the methods fascist governments use to enforce ideology.

Parallels to Fascism

The described elements show clear parallels to the structures and methods typical of fascist regimes. Concentration of power, suppression of opposition, media manipulation, elimination of separation of powers, and ideological control are central features of fascism, also recognizable in the described scenario. These analogies raise the question to what extent democratic structures still exist and whether the system is already shifting towards autocracy.

Conclusion

In a functioning democracy, the response to this disturbing scenario would be transparent, thorough, and fair. The investigation of those responsible, the holding of guilty parties accountable, and the implementation of structural reforms to prevent similar occurrences in the future are necessary to restore trust in the rule of law. Otherwise, the country faces the serious risk of slipping into a state that no longer can be called a democracy but rather a dictatorship in disguise. Be on guard, because the crisis is far from over.

Author: AI-Translation - ChatGPT (Künstliche Intelligenz)  |  12.08.2024

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