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Bundestag election: Markus Söders electoral prevention


Markus Söder publicly made a little joke with the most sacred. The legal community is dutifully worried. Time to look back.

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CSU boss Markus Söder in Schweinfurt: "Husband, wife, grandma, grandpa, uncle, aunt - they all ask: What do you want to vote for?"


Nicolas Armer / dpa

Carried away

Schweinfurt, Stadium, September 17th.

Final spurt of the election campaign.

The Grafenrheinfeld nuclear power plant, five kilometers from the city, has been shut down since 2015.

Don't make a mistake for a few more years, and then the danger is gone.

How do I get it now?

I dont know;

some interpreter will explain it to us in the forum.

Associations are called that because you can't really control them.

They join us, come flying along, worry or delight us, blur and cloud again.

Without association there is no memory, no feeling, no intelligence.

After all, the primate brain is not a hard drive.

Recording, from hour 1:43:00: When uncle, aunt, grandma or grandpa cross your path on election day, »take another look at the house.

Husband, wife, grandma, grandpa, uncle, aunt - they all ask: What would you like to vote for? " Good idea, give yourself another week, the choice is not until next week «.

Oh dear!

Now it is out!

An association, an association, a joke!

Cheers and applause moderate.

Did he really say that now?

Quickly on: "It's really serious now!"

Torn down

September 22.

The public prosecutor's office at the Schweinfurt Regional Court announced that neither the documented facts nor the suggestions of three complainants gave sufficient actual evidence to initiate criminal investigations against the Prime Minister of the Free State of Bavaria for public incitement to criminal offenses (Section 111 StGB).

Preliminary examination procedure completed.

From an election point of view, that is everything that can be expected. On the other hand, there is clearly a certain overheating of the excitation level: Mr L. is simulating energy, Mr S. is not simulating anything, Ms. B. simulating Ms. B. - everything is completely normal, voters! Nevertheless, of course, a nice little gag on the side, a little restlessness, a minimal stumbling in the dark tunnel.

Section 111 of the Criminal Code (StGB): »Public invitation to criminal acts«. One does not have to think of the actual Magistrate Director "Aschu", who in 1981 asked his dear friends (even then!) In the most friendly manner to take a walk to the new West Runway at Frankfurt Airport the next day Become "tight". Under the imposition of this request, the rule of law almost broke in two and the career of director came to a standstill, whom his anti-authoritarian friends always proudly called his rank because they thought he was the head of the magistrate. That was before their march through the Federal Salary Code A. In any case, the little Paragraph 111 of the Criminal Code did not work there; GBA Rebmann brought the really big clubs out of the cellar.Later things muddled up a bit.

With an MP, things really look different.

If he recommends that grandma and grandpa should be prevented by means of active deception from perhaps making their voting cross in the dictatorship of the proletariat, his wish may be taken as an order to one or the other, even if this is not about the CSU is about the people of dear friends as a whole, which is known to be not completely identical.

The latter seems terrible to some;

but you can get used to it.

But there are also very good counter-arguments.

Torn out

A criminal offense is an act that is described in the law as an "unlawful act", and that is one that embodies the offense of a law, says Section 11, Paragraph 1, Number 5 of the Criminal Code. The following comes into consideration: Paragraph 108a of the Criminal Code: »Voter deception«: »Anyone who through deception causes someone ... against his will not to vote ... is punished with imprisonment for up to two years." Paragraph 2: "The attempt is punishable."

So this is the illegal act that would have to have been "requested" to be committed in order for the speaker to commit an illegal act according to Section 111 of the Criminal Code. He and his party should not want to cast any doubt on the publicity of the statement; so that is not a problem. It is also difficult to doubt the offense under Section 108a of the Criminal Code: "Dear friends" are called upon to deceive "husband, wife, boyfriend, girlfriend, depending on how you look".

On the other hand: The "depending on how you look" is, let's say, perhaps the hint of a kind of Franconian reference to the tiresome volatility of the sexes, and that can - we consider the context and circumstances of the statement in accordance with the regulations - in the Schweinfurt stadium are only used as a joke.

And while we are already with the legal details: Paragraph 108a presupposes that a person is induced not to vote "against his will".

That would be a nice task for the First Vatican Council, in addition to the question of how many angels fit on a needlepoint, also to clarify the question of whether someone who says he is still considering whether he wants to vote for a party of darkness is already has a will to choose at all, from which one could dissuade him by means of deception.


Thomas Fischer

About punishment: law and security in a democratic society

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Above all, however, the factual situation presupposes intent, and, as readers know, that is not just a word, but a real challenge. The perpetrator of Section 111 of the Criminal Code must either know or approve of the fact that people who learn of his public declaration (the dear F and F) consider it to be meant seriously, and that they are thereby prompted to make a specific one Actually committing (or attempting) criminal offense (here: Section 108a StGB). Mere wishing is not enough. Not even a request to commit an illegal act at some point, provided that further conditions are met. "If A should happen, please commit the offense B!"Sufficient clues are still a bit far away, I believe, in the justifiable area.

In addition, even if the MP made a grim face and shouted "It's really serious now!", One can assume with good reason that this last-mentioned exclamation could rather be a precautionary clarification of the distance from what was said before. And that the Prime Minister of the Free State does not want to call in all or half seriousness on television that one should puncture the tires of potential voters of the apocalyptic left alliance on the night of election day, give them a sleeping pill or pretend that the election will, as always, only take place on Mary Candlemas instead. And that he does not assume that the Bavarian educated part of the population, i.e. the dear F and F, could take such nonsense and take it seriously. It's just, dear F and F, election campaign, and the inflatable beer tent is always on the man.Incidentally, this is completely color-unspecific, including bees and snakes.

Carried away

If you look at a proper election campaign, say by Kurt Schumacher or Heiner Geißler, you could ask whether the responsible public prosecutor's offices have already dealt with the avalanches of proceedings that followed them.

But not true.

What was said at the time about the corrupters of the people of the other party was largely regarded as either brilliant or outrageous, but not punishable.

Twitter just didn't have an opinion on it, and no talk show far and wide invited seven dwarfs to a prime-time appraisal of the Chancellor who matters.

Oops, what are we excited about! To make fun of it is of course, as we know, easy, whereas life is serious and especially on September 26th the end of the world threatens at least as we know it, not to say: After that nothing will be like before. That too is a truth that is definitely true. Every day the world is no longer like it was before. Before we slide into Zen and start quoting Kerouac, let's say it dogmatically:

You should just get used to the fact that not everything is punishable. And it doesn't have to be so that the world is clear and comfortable. I know it is easy said and difficult done. Communication got out of hand 25 years ago. If two billion speak at the same time and everyone wants to be important, that no longer works. We all agree that someone has to shut up, and as a rule it is each other. When everything is important, nothing is important anymore. If everyone talks, nobody understands anything. When everyone is most important, nobody matters. This is how pixies become giants and banalities become sensations. Nobody can take so much excitement.

Do not be afraid, F and F!

As I can testify as a former Schweinfurt trainee lawyer, the Schweinfurt public prosecutor's office is a very decent authority.

Nobody will deceive grandma and grandpa about election day, and if you make a mistake on election day, it is entirely your responsibility, even if the world will not end on September 27th.


Source: spiegel

All life articles on 2021-09-25

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