Germany / District Court of Traunstein (Amtsgericht Traunstein) / KLs 450 Js 12135/18 ECLI:DE:LGTRAUN:2018:1130.KLS450JS12135.18J.0A

Country

Germany

Title

Germany / District Court of Traunstein (Amtsgericht Traunstein) / KLs 450 Js 12135/18 ECLI:DE:LGTRAUN:2018:1130.KLS450JS12135.18J.0A

View full Case

Year

2018

Decision/ruling/judgment date

Friday, November 30, 2018

Incident(s) concerned/related

Property offence

Related Bias motivation

Migrant status

Groups affected

Refugees & asylum seekers

Court/Body type

National Court

Court/Body

District Court of Traunstein (Amtsgericht Traunstein)

Key facts of the case

Between February and April 2018, the two accused men threw two homemade incendiary devices and an explosive device at an asylum seekers' home in Nussdorf. They also painted a swastika on the building. Nobody was injured but they knew that the building was inhabited by many people. Nazi and Hitler pictures with texts trivializing the Nazi era had also been found on the computer of one of the defendants.

Main reasoning/argumentation

The Court found the defendants guilty of attempted serious arson and use of signs of unconstitutional organizations. The court severely punished the xenophobic, inhuman and racist motivation of the accused's actions. The fact that they acted at night under the protection of darkness was perfidious and cowardly, the Court decided.

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

Both defendants made confessions, had expressed regret and an alcohol-related disinhibition was involved in all offences. Therefore, the court had to take all circumstances into consideration when sentencing. The racist and xenophobic motivation of the crime was considered as an aggravating circumstance.

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

The Chamber sentenced the two defendants to three years and nine months imprisonment each.

Key quotation in original language and its unofficial translation into English with reference details

"Zudem ist zu sehen, dass den Taten eine rassistische, fremdenfeindliche und menschenverachtende Gesinnung (§ 46 Abs. 2 StGB) zugrunde lag, eine Gesinnung, die bereits seit zumindest 2013 bestand, sich nach dem Kontakt zu Z. im Jahr 2017 deutlich steigerte und von der er sich erst während der Inhaftierung schrittweise zu distanzieren begonnen hat."

"In addition, it can be seen that the acts were based on a racist, xenophobic and inhuman attitude (§ 46 (2) of the Criminal Code), an attitude which had already existed since at least 2013, increased significantly after contact with Z. in 2017 and from which he only gradually began to distance himself during imprisonment."

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