AG Berlin-Tiergarten (Jugendrichter) - 28.10.2024
Case- Case number
- 426 Ds 1053/24 jug
- Country
- Germany: Federal Republic of Germany (1949-today)
- Case Description
The case involves the conviction of a 20-year-old female student for approving crimes by distributing flyers shortly after the October 7, 2023, Hamas attacks, and for physical assault and resistance against police officers during a later demonstration. The court had to weigh the limits of freedom of expression regarding specific statements in the flyers versus the criminal offense of endorsing mass murder and terrorism. The defendant distributed flyers in front of a Berlin high school. The front showed a fighter and the text "Palestine bursts its chains". The back described October 7, 2023, as a "historic moment for all liberation struggles of the world" and claimed Palestinian forces had "liberated large areas from the river to the sea". This case clarifies that while general political slogans may be protected, the explicit glorification of specific massacres is a punishable offense.
§ 140 No. 2 StGB (Approving Crimes), §§ 113, 114 StGB (Resistance and Assault on Law Enforcement), Art. 5 GG (Freedom of Expression), §§ 1, 105 JGG (Juvenile Justice Act).
- Name of Court
- AG Berlin-Tiergarten
- Date of decision
- Oct 28, 2024
- Subjects
- Freedom of Speech
- Pogroms and Violent Attacks on Persons
- Type of Court
- Court of first instance
- Area of Law
- Criminal Law
- Year
- 2024
- Generated ID
- VSC9656-1897
- Geolocation
Latitude: 52.52637935609804
Longitude: 13.353799390681559
- Geolocation
- Existing