KASEK's process: defamation or justified criticism of prosecutors?

KASEK's process: defamation or justified criticism of prosecutors?

Leipzig, Deutschland - In Leipzig, a process is emerging that heats the minds: the Greens politician and ex-city council Jürgen Kasek has been ahead of the district court since May 22nd. The reason for the indictment is a Twitter message in which Kasek takes a public prosecutor as a possible provocateur during a demonstration on "Day X", which is not approved. This demonstration took place on June 3, 2023 after Lina E. was convicted and ended in violent clashes between the masked participants and the police. l-iz.de reports that Kasek in his message in connection with an "agent provocateur".

The public prosecutor said was on site to determine the identity of the persons held. He wore, like a criminal officer, a masking that, according to police statements, was a personal security measure. Both the police and the public prosecutor confirmed that there had previously been threats to the officials from the left -wing radical scene. Kasek takes the view that he only wanted to make a general impression of displeasure without knowing the identity of the public prosecutor.

heat in the courtroom

The negotiations in the courtroom were accompanied by heated discussions until the magistrate had to order a break. Kasek and his lawyer regretted Doxxing, in which the public prosecutor's personal information was published on the Internet. Despite their regret, they pointed out that Kasek himself had received threats from the scene. During his statement, the prosecutor described that he chose the masking as a necessary self -protection after he had been more threatened. However, this behavior and circumstances around the demonstration raise many questions that the left would like to see enlightened because trust in the judiciary is at stake. taz.de

The process will continue on June 16, and so it remains to be seen how the further evidence and the legal arguments are judged. Kasek's accusation of a possible agent provocateur is not only for him, but also for the public, because the occurrence of hidden investigators, especially in protests, can be seen as a legally delicate. Similar to a judgment of the BGH, which dealt with the use of curly spies, the question of the criminal liability of such investigative methods is repeatedly discussed. [juraexamen.info] (https://www.juraexamen.info/bgh-neues-zur-sfiftung- through-den-agent-provocateur/)

consequences of the "Day X" demonstration

The "Day X" demonstration was prohibited by the authorities based on fears about riots, which led to significant tensions. Despite this prohibition, there was an elevator that ended with stone throws on police forces and an eleven -hour boiler of around 1,000 demonstrators. After the meeting was dissolved, the police found numerous, which resulted in an investigation into severe breach of the peace and attack on enforcement officers. In this context, the accusation also occurred that serious crimes, such as attempted murder, cannot be excluded.

These complex circumstances show how delicate the balance between the right to freedom of assembly and public security is. With his statements, Kasek also sees a need to critically question the work of the public prosecutor, which opens another strand in the discussion about the behavior of authorities in similar situations.