The poster used nationwide, which is the subject of the proceedings, bears the inscription "Feminism, you cunts." The public prosecutor accuses the young woman of having committed the offenses of incitement of the people and insult by hanging the poster in several places in Schwandorf. For this, a fine of 120 daily rates was imposed in the written procedure.
“The actions of the public prosecutor's office are excessive. If the penalty order were to stand, my client would have a criminal record for putting up election posters, even though she has never otherwise been at fault,” criticizes media lawyer Dr. Jasper Prigge, who represents the affected member of the PARTEI. “That the investigating authorities classify a feminist poster as incitement to hatred against women could be dismissed as dark satire. That might be the PARTEI’s domain, but certainly not the Amberg public prosecutor’s office. Furthermore, the Administrative Court of Chemnitz has already clarified that there is no incitement to hatred.”
Die PARTEI speaks of a "catastrophic understanding by the public prosecutor's office of semantics, graphics, satire, and ultimately also democracy," according to Janina Nizik, deputy chairwoman of the Bavarian state association.
The searches that took place last year at the premises of the affected person and another member of the PARTY have also drawn criticism. These are described by lawyer Prigge as "disproportionate."
Background:
The Administrative Court of Chemnitz has ruled on the PARTEI poster:
“Also with regard to the posters ‘Feminism, you cunts!’ there is – as also assumed by the respondent – a lack of an escalation that crosses the threshold into abusive criticism or the targeting required for a (formal) insult under Section 185 of the Criminal Code directed at individuals or a concretely definable part of the population or the female gender as such.”
Administrative Court Chemnitz, Order of 16.09.2021, Case No. 7 L 395/21
