Because of flyers in local elections in Munich: ex-city councilor has to go back to the district court after acquittal
Created: 08/10/2022, 16:19
By: Sascha Karowski
The regional court has to decide again about flyers from the local elections.
© Frank Rumpenhorst/dpa
The district court of Munich I will soon have to deal again with flyers from the former city councilor Karl Richter (citizens' initiative to stop foreigners).
The Supreme Regional Court overturned the acquittal against the right-wing extremist.
Munich – The far-right ex-city councilor Karl Richter (citizens’ initiative to stop foreigners) has to answer again before the Munich Regional Court.
In the 2020 local election campaign, Richter published a flyer showing a Munich child sweeping city councilors out of the city hall with a broom, including Mayor Katrin Habenschaden (Greens), Mayor Dieter Reiter (SPD) and ex-City Councilor Marian Offman (SPD).
In spring 2020, the accused campaigned for his re-election to the Munich City Council.
"Traitors of the people out of the town hall" - right-wing ex-city councilor has to appear in court again
On the back it said, among other things: "Traitors of the people out of the town hall." Both habenschaden and Offman had filed a complaint against the flyer.
The new leader of the Green Party, Dominik Krause, also took legal action against the pamphlet.
However, after the district court sentenced the judge to a fine of 80 daily rates for insult, the district court acquitted him.
The public prosecutor's office had appealed the verdict.
The Bavarian Higher Regional Court now agreed and referred the matter back to the regional court.
Trial against right-wing ex-city councilor: the court did not check whether human dignity was violated
The reasoning of the Supreme Regional Court states that the Regional Court did not examine whether the flyers violated the human dignity of those depicted on them and whether a formal insult was committed.
The Supreme Court further emphasized that the right to freedom of expression is not unlimited.
A date for a new hearing has not yet been set.