Deleted member 14303
Solstice
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over for manlet germans
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The definition of section 6 of the Code of Crimes against International Law referenced in the above § 130 is as follows:§ 130 Incitement to hatred (1985, Revised 1992, 2002, 2005, 2015)[35][36]
(1) Whosoever, in a manner capable of disturbing the public peace:
shall be liable to imprisonment from three months to five years.[35][36]
- incites hatred against a national, racial, religious group or a group defined by their ethnic origins, against segments of the population or individuals because of their belonging to one of the aforementioned groups or segments of the population or calls for violent or arbitrary measures against them; or
- assaults the human dignity of others by insulting, maliciously maligning an aforementioned group, segments of the population or individuals because of their belonging to one of the aforementioned groups or segments of the population, or defaming segments of the population,
[…]
(3) Whosoever publicly or in a meeting approves of, denies or downplays an act committed under the rule of National Socialism of the kind indicated in section 6 (1) of the Code of International Criminal Law, in a manner capable of disturbing the public peace shall be liable to imprisonment not exceeding five years or a fine.[35][36]
(4) Whoever publicly or in a meeting disturbs the public peace in a manner which violates the dignity of the victims by approving of, glorifying or justifying National Socialist tyranny and arbitrary rule incurs a penalty of imprisonment for a term not exceeding three years or a fine.[35][36]
§ 6 Genocide
(1) Whoever with the intent of destroying as such, in whole or in part, a national, racial, religious or ethnic group:
- kills a member of the group,
- causes serious bodily or mental harm to a member of the group, especially of the kind referred to in section 226 of the Criminal Code,
- inflicts on the group conditions of life calculated to bring about their physical destruction in whole or in part,
- imposes measures intended to prevent births within the group,
- forcibly transfers a child of the group to another group, shall be punished with imprisonment for life. […][37]
§ 189 Disparagement of the Memory of Deceased Persons (1985, amendments of 1992)
Whoever disparages the memory of a deceased person shall be punished with imprisonment for not more than two years or a fine.[38]
§ 194 Application for Criminal Prosecution
(1) An insult shall be prosecuted only upon complaint. If the act was committed through dissemination of writings (Section 11 subsection (3)) or making them publicly accessible in a meeting or through a presentation by radio, then a complaint is not required if the aggrieved party was persecuted as a member of a group under the National Socialist or another rule by force and decree, this group is a part of the population and the insult is connected with this persecution. The act may not, however, be prosecuted ex officio if the aggrieved party objects. When the aggrieved party deceases, the rights of complaint and of objection devolve on the relatives indicated in Section 77 subsection (2). The objection may not be withdrawn.
(2) If the memory of a deceased person has been disparaged, then the relatives indicated in Section 77 subsection (2), are entitled to file a complaint. If the act was committed through dissemination of writings (Section 11 subsection (3)) or making them publicly accessible in a meeting or through a presentation by radio, then a complaint is not required if the deceased person lost his life as a victim of the National Socialist or another rule by force and decree and the disparagement is connected therewith. The act may not, however, be prosecuted ex officio if a person entitled to file a complaint objects. The objection may not be withdrawn. […][39]
Notorious Holocaust denier Ursula Haverbeck will remain in prison after Germany's Constitutional Court rejected her appeal on Friday.
Haverbeck, dubbed the "Nazi Grandma" by German media, is currently serving a two-year prison sentence in the city of Bielefeld after a regional court found her guilty of eight counts of incitement in May.
Germany's highest court reaffirmed on Friday that Holocaust denial is not covered under the constitutional right to free speech.
"The plaintiff's remarks fall largely outside the protective scope of freedom of opinion," the court wrote in a statement.
Holocaust denial 'disturbs public peace'
Haverbeck has been convicted several times in various German courts for denying the Holocaust, in which 6 million Jews were systematically murdered by the Nazi regime between 1941 and 1945.
She's repeatedly claimed that Auschwitz was "not historically proven" to be a death camp, claiming it was a labor camp instead. An estimated 1.1 million people were murdered at the camp in Nazi-occupied Poland; 90 percent of the victims were Jewish.
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