Statue of the goddess of justice Justitia in front of a court (symbolic image)
Photo: Frank Rumpenhorst / dpa
The decision caused cheers among corona deniers - and horror among many lawyers: At the beginning of April, the Weimar district judge Christian Dettmar overturned the mask requirement at two schools in the city after a mother of two students had filed a complaint.
Now the decision may have consequences for the judge.
As the public prosecutor in Erfurt announced, an investigation was initiated against the judge in connection with a decision.
There is an initial suspicion that he was guilty of bending the law, said a spokesman.
Dettmar had suspended the mask requirement and other corona protective measures at the two schools with reference to an alleged child welfare risk.
In addition to the justification, lawyers had also questioned the judge's jurisdiction for the step.
Dettmar has a reputation in the city: He likes to point out to those involved who wear a mask in his negotiations about the ban on veiling in court.
The case of the two students allegedly impaired by the masks was also apparently deliberately leaked to the judge.
Removal of the mask requirement collected again
The Weimar Administrative Court had declared the mask requirement in teaching at Thuringian schools to be legal last week. In this context, the judges also pointed out that they regard the controversial judgment of the Weimar judge as "obviously unlawful". Family courts are not empowered to issue orders to authorities. There is no legal basis for this.
The public prosecutor's office now also sees "evidence that the accused has arbitrarily assumed his jurisdiction, although it was an administrative matter for which only administrative judicial channels are open." Thus there is an initial suspicion that he was guilty of a perversion of the law in this decision, "by deliberately and seriously distancing himself from the law and statute, that is, his decision is no longer supported by the statutory provisions, so that it appears arbitrary «.
An initial suspicion is given if, based on concrete facts, based on criminal experience, it appears possible that a criminal offense has been prosecuted.
The public prosecutor's office had already announced the investigation of the incident after several criminal charges had been received against the judge.
fek / AFP