A little over two months I had at this point with respect to a particularly blatant example of warmongering position, which is becoming socially acceptable in parts of the German media landscape.
This involved a world-online article the most experienced in this sector Daniel Pipes, "Obama should bomb Iran" , in which he unabashedly advice given for the attack on the Middle Eastern country the U.S. President and thereby to make haste drives.
I had allowed me to make the German Press this derailment attention - the Council will meet.
At the same time I had at the earliest prosecutor (for online publications of the "flying jurisdiction" applies) filed a complaint for incitement to a war of aggression against the WORLD and its author. Similarly denominated criminal charges was also independently collected from various readers.
My ad has been forwarded to the prosecutor Berlin, and from there I received on 30.3.2010 post of prosecutor Kamuf.
Not that I would have seriously thought my company would be crowned with success ... The rationale for the setting of the investigation, however, is somewhat interesting: namely It says nothing more than that war-mongering and calls for an illegal war of aggression within the meaning of the German Criminal Code does not necessarily are punishable but u. U. are covered by the right to freedom of expression. however, care must be taken in the war-mongering and the calls for a war of aggression that the attack, the bombing or air strikes, etc. not by German soldiers or even requested by Mrs Merkel or is demanded, but that this attack by another state and another army is required as the German.
Original:
"In § 80 a StGB is the criminal act inciting to an (international law) aggressive war i. Meaning of § 80 of the Criminal Code, ie when the war there must be a such, after the mind of the perpetrator the Federal Republic of Germany using their armed forces as a belligerent power should be involved. The article is solely the talk of the United States armed forces, or by a U.S. strike on Iran's nuclear facilities and that Barack Obama should give the order to destroy the Iranian nuclear weapons. The offense under § 80a StGB is not fulfilled because of the participation of the Federal Republic of Germany in no way is the question. "
Now, the call for aggressive war will probably have been fine. However, there are also still alliance commitments and guarantee the defense of Israel as part of the German raison d'état, as recently implored Mrs. Merkel again, what would the situation then complicate something again.
Also the offense of sedition sees the Berlin prosecutor not met:
"... Since living in Iran Iranians are not part of the population i. Meaning of § 130 Penal Code. This must be a part of the domestic, ie actually living in Germany population. Thanks, verbal abuse 'of foreign states are neither their living in Germany State Forecast hearing as part of the local population attacked or parts of the German population, who feel that other State about political or religious beliefs particularly connected.
In the article it is a mere expression of opinion in the context of freedom of expression without criminal relevance. "
PS It would be interesting to know what reasons the other criminal charges-reimburser each received ...
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Tags: incitement to a war of aggression , Daniel Pipes , Obama should bomb Iran , World-Online Articles
[...] This post was mentioned on Twitter by Net-News-Express and CONTRACOMA, Order of Föhnix. Order of Föhnix said, incitement to #Angriffskrieg in Germany not punishable (if the attack is exacted from any other army!) http://bit.ly/9yiLJM [...]
It really is interesting. Then one can thus soothes the extermination of other states require, for example, the Americans, Israelis or Indians.
The refusal on the grounds I consider myself well aside for them where appropriate quote.
You could look up times, if the corresponding judgment is signed by the prosecutor Personally, it would otherwise have no legal validity and you could in an open letter (published also in the network) point out and call for appropriate signature
mfg Markus Seppelt
@ Markus
The excitation with respect to a signature is useful; Unfortunately I know now a season of writing this kind that have not signed personally.
It's called then "created electronically," in law firms acts of stamp, everything is handled, how the average citizen would get not even a debit card ...
Unfortunately, usage and of course a scandal in itself, of its own journalistic care would be worth.
Yes, the letter is drawn, in fact, not of Attorney Kamuf, but by a judicial staff Schneider.
To have received on my ad towards the identical wording in the ground at the same time, the process was due to the following article of criminal examination also eingestellt: http://www.welt.de/politik/ausland/article5986847/Merkel-bereitet-Deutschland-auf-Iran-Konflikt-vor.html
In my remarks, after which both published by World Online article must be read because of their temporal proximity in context and is thus very well sought German involvement, the prosecution has not been received.
The Germans will have to complain more casualties in the future, and this is "probably not only in Afghanistan" (dt. Politicians at funeral for soldiers in Ingolstadt).
It's complete nonsense to assume that one could legally do nothing against Stuttgart 21, just because of Paul Kirchhoff has said on TV. Where there's a will there's a way. Under the ueberschrift "opinion against opinion" stand yesterday in the Stuttgarter Zeitung, a very interesting article. The law professor Georg Hermes as the law therefore quite different from Mr. Paul Kirchhoff. Quote Georg Hermes: "It is clear that the railway law rests with the federal government, but the country carry significant costs, so it is responsible with." Professor Georg Hermes is possible also not apply to contracts should be eternally irredeemable. "That is against the principle of democracy." New parliaments will have no opportunities to get out of long-term contracts, argued Hermes. Even the objection against the budget is not possible referendum, Hermes is possible not valid. "Then would be a vote on every law that costs money, excluded.
I want to see how the legal situation is, if I would call publicly the Iranian president to Israel bobardieren times.
[...] § 80a. Only problem: When the troops of other countries should be involved only, the paragraph does not apply. What apparently has not been definitively investigated - however unlikely: that [...]
syria now is your turn:
http://www.ftd.de/politik/international/:kolumne-andreas-Theyßen-bombed-assad/70006930.html