Again another trial ends with an absurdly exaggerated judgement: 6 month prison on 2 years probation.
The defendant is accused to have been on the way to the Demonstration ‘G20 not welcome’ on Saturday 8th of July at 9:50 nearby the Trainstation Dammtor. In his backpack was Pepperspray, diving goggles and small (Eu proved, but without german seal of approval) fireworks. Also he was carrying two marbles and a lighter. With that he supposed to have violated the Laws of assembly, Weapons and Explosives.
He was controlled and detained by officers of a Alarm-unit from Hamburg, who where on a ‘alertly break’ and controlled ‘suspicious persons’. The backpack that was unusualy big for a demonstration and the dreadlocks of his companion seemed ‘weird’ to the officers.
The (polish) defendant explained detailed to this:
Actually he didn’t want to go to the Demonstration – which started 70 minutes later in a walking distance of 27 min, as the court stated. He wanted to go to the trainstation Dammtor – 3 minutes away. On the topic of the Objects he explains that he carries the pepper spray because he was travelling via hitchhiking to visit friends in Spain – this also explains the diving goggles. He also wanted to make some Firework there to celebrate with the Friends he hadn’t see for a while. The lighter he had because he is a smoker. The marbles are a memory of his family, his sister aswell as his mother are carrying these kind of marbles. He did not knew that the pepper spray and Fireworks, that are legal in Poland are not allowed in Germany.
The prosecuter and Court only believed the explanation about the Marbles since his mother was explaining the Origin and ‘Purpose’ as a witness in the same way as he did. The rest supposed to be not believable, he must have been on the way to the Demonstration.
Senior Prosecutor Elsner demanded 6 month on Probation. His plea didn’t have much relation to the trial, instead he talked about the heavy riots during the G20 and the rightly tightened Laws before the G20. The new article114 and the tightened Law about Trespassing through reducing of the requirements (article125a) is the declared Will of the Legislator.Throwing of Stones and Bottles during Demonstrations significantly increased. Also Citizens are supposedly affected by those excess of violence. The defendant actually should write a thank-you letter to the officers that arrested him – if he would have thrown something, his sentence would have been way longer.
The Judge followed the demand for the sentence of the prosecuter.
For the Accused that means: He is free and can stay where he wants to. But he needs to report Changes of his address as well as economical Changes. And he can not offense the law during the Probation otherwise he has to go to Prison for his Sentence.