Please support THE CITIZEN'S VOICE with a donation HERE!
|
|
||
|
||
|
||
|
||
| Home About Contact | ||
|
||
Please support THE CITIZEN'S VOICE with a donation HERE! |
||
Incitement of the People? – Prosecutor Won’t Let Go – In Magdeburg It Starts From Scratch AgainNaumburg Higher Regional Court Struck Down Magdeburg Ruling Again – Because That Judgment Suffered From Serious Technical Errors. 
A few months ago, I was able to announce two positive pieces of news here in relatively quick succession: both in the first instance (District Court of Wernigerode) and in the second instance (Regional Court of Magdeburg), my client had been acquitted of the charge of incitement of the people (§ 130 para. 3 German Criminal Code) and of the use of symbols of unconstitutional organizations (§ 86a German Criminal Code). In three cases, he had posted an illustration showing a concentration camp gate with the inscription "Vaccination makes you free," and in a fourth case he had posted a normal swastika with the heading "1941" next to a swastika made of syringes with the inscription "2021." The prosecution, however, filed an appeal. Today, on September 24, 2025, the main appeal hearing took place before the Higher Regional Court of Naumburg. The court struck down the Magdeburg ruling again – because that judgment, as the presiding judge explained, suffered from serious technical errors. I need to explain this in more detail: In an appeal on points of law, the facts are not re-established. Instead, the court must be able to determine from the judgment itself whether the defendant committed a crime or not. That is precisely what the Naumburg court said it could not do: the first-instance ruling had neither reproduced my client’s statement nor explained on what grounds it had reached the “overall assessment” that my client did not intend to disturb the public peace. The presiding judge stated that, given the significant gaps left by the Magdeburg ruling, she could not even discern a tendency as to whether my client had committed a crime or not. Posts with “Vaccination makes you free” cannot be generally declared punishable or non-punishable; it depends on the overall context – which, however, could not be inferred from the Magdeburg ruling. Thus, in technical legal terms, the Higher Regional Court of Naumburg set aside the ruling of the Regional Court of Magdeburg from April 23, 2025, along with the established findings, and referred the matter back to a different criminal chamber of the Regional Court of Magdeburg. This means that the proceedings in Magdeburg will be completely re-heard in a new main appeal trial – before different judges than last time. I will, of course, continue to report on further developments in the case. Naturally, I would have preferred if the Higher Regional Court of Naumburg had dismissed the prosecution’s appeal. But I cannot even reproach the responsible criminal senate at the Naumburg court. It did not show any political bias, but merely demanded a much more thorough approach from the Magdeburg court. So nothing has been lost at all. I will keep fighting!
Author: AI-Translation - Martin Schwab | |
|
| Other articles: |
 | For the ChildrenThoughts and views on topics including masks in schools... zum Artikel |
 | They Fear the Reckoning Like the Devil Fears Holy WaterThe cancellation of the film screening of "Just One Jab – In the Shadow of the Vaccination" on January 14, 2025, at the Hansa Cinema in Hamburg casts a disturbing light on the st... zum Artikel |
 | Help for Donbass – A Sign of Solidarity – Info Event on March 14, 2025Since 2014, there has been war in Donbass, a region in Ukraine that has been the scene of a geopolitical conflict for over ten years. The civilian population suffers massively from... zum Artikel |
|
Support the operation of this website with voluntary contributions: via PayPal: https://www.paypal.me/evovi/12 or via bank transfer IBAN: IE55SUMU99036510275719 BIC: SUMUIE22XXX Account holder: Michael Thurm Shorts / Reels / Kurz-Clips Imprint / Disclaimer |