Markus Söder
Photo: DPA
Markus Söder does not have to fear prosecution because of joking remarks during an election campaign appearance in Schweinfurt.
The public prosecutor in Schweinfurt will not pursue three reports received against the CSU chief and Bavarian Prime Minister, the authority announced on Wednesday.
Söder wanted to make clear to the CSU supporters in the Schweinfurt Sachs Stadium that the situation in the federal elections was serious. Everyone should look for potential voters among their friends and relatives. "Ask everyone: 'What do you want to vote for?'" Asked Söder. For those who tended towards a party other than the CSU but still wanted to think about it, they should say: "Good idea, take another week, the election is not until next week." First, DER SPIEGEL reported on it (read more here ).
The complainants saw in Söder's remarks a call to deceive voters. The public prosecutor sees it differently. "After examining a recording of the speech, there is no initial suspicion, neither with regard to a public incitement to criminal offenses nor a voter deception," says the authority's statement. “The utterance clearly does not give the impression of seriousness. It was taken on its own and, given the overall circumstances, was to be understood as a joke. "
"Voter deception" is a criminal offense, according to Section 108a of the Criminal Code - this also applies to the variant that one "causes" that someone "does not vote against his will".
And even the public request to do so is punishable under Paragraph 111;
even if the request remains "unsuccessful".
And according to case law, it is sufficient if the person who encourages a criminal act "approves of the fact that his request will be taken seriously".
as / dpa
