Austria / Supreme Court / 14 Os 9/17f
Austria: Regional Court (Landesgericht), Ried/20 Hv 33/16k
Austria / Supreme Court / 14 Os 9/17f ECLI:AT:OGH0002:2017:0140OS00009.17F.0228.000 Austria: Regional Court (Landesgericht), Ried/20 Hv 33/16kView full Case
Tuesday, February 28, 2017
Crime type(s) concerned/related
Incitement to violence or hatred
Related hate bias motivation
Refugees & Asylum seekers
National Higher Court
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".
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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