In Bavaria, a man has to go to prison without parole for five months because he insulted a judge in a local court by calling him “human scum”. The Bavarian Higher Regional Court in Nuremberg confirmed the corresponding ruling by the Weißenburg District Court in July 2021 for insult in two cases, the court announced on Tuesday. Accordingly, the insult was not covered by freedom of expression.
The convict went straight to the highest court in Bavaria with a quick appeal. His Fourth Criminal Council assumed that the judge’s appointment as “human scum” constituted an alleged official insult. In this case, freedom of opinion takes a back seat to protect honor without being overburdened and considering the individual case.
Bad and offensive word
The judges also took into account that the accused had intended to use insult and not in the midst of an argument. According to popular opinion, this is a particularly vulgar and offensive word. The insult lacks the absolute minimum of human respect.
The judges acknowledged that there would be the possibility to criticize judicial decisions without fear of retribution, protected by freedom of expression. Even sharp and exaggerated statements are still covered by the right to freedom of expression. Being insulted as human scum is blatantly insulting and affects only the judge’s person, not his activities or behavior. So now the man has to go to prison. (AFP)
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