"Tasteless Outburst" - Judge Does Not Have to Appear in Court - Judge's Roma Remarks Escape Trial as Court Finds No Hate Crime
A judge from Gera will not face trial for defamation after a controversial Facebook post equating Sinti and Roma with traveling thieves. The court found no criminally relevant offenses, with the statement deemed a tasteless outburst but not driven by hatred.
The judge, previously responsible for asylum procedures at the Gera Administrative Court, made the remark in a Facebook group. Using the term 'rotational Europeans with weak property rights', the judge likened Sinti and Roma to traveling gangs of thieves. The court described this as a 'crassly tasteless and defamatory outburst' made in an attempt to ridicule Sinti and Roma in an 'ironically satirical manner'.
The public prosecutor initially filed charges at the Regional Court due to the case's significance. However, the opening of main proceedings was rejected. The court ruled that mere insults and verbal abuse do not meet the legal criteria for incitement to hatred. The Thuringian Higher Regional Court in Jena upheld this ruling, dismissing the public prosecutor's appeal.
While the judge's statement was deemed offensive and defamatory, it did not reach the threshold for incitement to hatred. The case highlights the delicate balance between freedom of expression and hate speech laws. The judge will not stand trial, but the statement could potentially be prosecuted as defamatory if a formal complaint were filed.
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