Karlsruhe / Germany – The Federal Constitutional Court (BVG) has published its final verdict in a case of presumed insult. A young woman from Lower Saxony (In Central Germany) wore a button with the print ‚FCK CPS‘ (PHOTO) and was sentenced for insult by the District Court in Nuremberg.
Back then, the opinion of the court was the following:
The text stand for ‚Fuck the Cops‘ and diminishes the social value of the affected persons in office.
A revision before the next higher instance was not successful for the defendant, only the Federal Constitutional Court revoked the conviction, and stated the following opinion:
The verdict infringes the defendant’s basic right for freedom of opinion. The criminal offense ‚insult‘ requires a personal allocation, it cannot be reasonably assumed that the statement made with the button in question gains meaning with a confrontation of the appellant with the controlling police officer alone.
A local court had decided as early as in 2014 that a t-shirt with the same statement which was also worn by the defendant cannot be classified an insult either. It remains unclear, however, whether openly presented statements such as ‚ACAB‘ (All Cops Are Bastards) or ‚1312‘ (the same meaning) should be be treated as insults. Here, another final sentence by the BVG might be required.
=> Originalnews
by Sandmann
