Kammergericht Berlin - 20.01.2026
Case- Case number
- 3 ORs 50/25, 3 ORs 50/25 - 121 SRs 125/25
- Country
- Germany: Federal Republic of Germany (1949-today)
- Case Description
On April 20, 2024, during a demonstration titled "No Weapons for Israel," the defendant chanted the slogan "From the River to the Sea – Palestine will be free!". The Tiergarten District Court (AG Tiergarten) acquitted the defendant on July 9, 2025, arguing that the slogan was not a "symbol" of Hamas in a legal sense, that its use was protected by freedom of expression in an ambiguous context, and that the defendant lacked criminal intent. The Public Prosecutor filed a "leap appeal" (Sprungrevision) against this acquittal.The court defined a symbol under § 86a StGB as a characteristic identification object (visual or audible) that conveys to an impartial observer the impression of being an identifying mark of a prohibited organization. Adoption by Hamas: The court established that Hamas formally adopted this specific English slogan in its 2017 "Document of General Principles and Policies". By this act of authorization, the organization made the slogan its own identifier.The Kammergericht quashed the acquittal and referred the case back to a different department of the Tiergarten District Court for a new trial.
Art 5 Abs 2 GG, § 86 Abs 1 Nr 1 StGB, § 86 Abs 1 Nr 2 StGB, § 86 Abs 1 Nr 4 StGB, § 86a Abs 1 Nr 1 StGB, § 86a Abs 2 StGB, § 261 StPO, § 267 Abs 5 StPO
- Name of Court
- Kammergericht Berlin
- Date of decision
- Jan 20, 2026
- Subjects
- Freedom of Speech
- Prohibition of Symbols, Parties & Associations
- Type of Court
- Court of Appeal
- Area of Law
- Criminal Law
- Year
- 2026
- Generated ID
- OVX6328-3215
- Geolocation
Latitude: 52.49235854013726
Longitude: 13.356806019335522
- Geolocation
- Existing