Austria / Supreme Court / 14 Os 9/17f ECLI:AT:OGH0002:2017:0140OS00009.17F.0228.000 Austria: Regional Court (Landesgericht), Ried/20 Hv 33/16k

Country

AustriaAustria

Title

Austria / Supreme Court / 14 Os 9/17f ECLI:AT:OGH0002:2017:0140OS00009.17F.0228.000 Austria: Regional Court (Landesgericht), Ried/20 Hv 33/16k

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Year

2017

Decision/ruling/judgment date

Tuesday, February 28, 2017

Crime type(s) concerned/related

Incitement to violence or hatred

Related hate bias motivation

Nationality

Groups affected

Refugees & Asylum seekers

Court/Body type

National Higher Court

Court/Body

Supreme Court (Oberster Gerichtshof)

Key facts of the case

The case concerns online incitement to hatred and violence. The defendant posted the following on Facebook [roughly translated:] "No sending back. You can open Mauthausen[.] having a little showering or dragging rocks at the death stairs[.] there are some fine things one can do there @ lowlives" and "Negro = target[.] we could shoot them a little with softguns © haha".

Main reasoning/argumentation

The Constitutional Court has found that the defendant has failed to provide any reasons for nullity (repealing the lower court's judgement and ordering a reconsideration of the case by a lower court).

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The key issue is about deciding upon whether there are any significant reasons for nullity.

Results (sanctions, outcome) and key consequences or implications of the case

Appeal for nullity has been dismissed. The case has been sent back to the Higher Regional Court Linz in order to get to a decision regarding the sentence.

Key quotation in original language and translated into English with reference details

The present case does not provide for any significant key quotation.

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